The complainant in a Sh 254M fraud case against a former employee of Printing Services Limited,has strongly opposed his application to travel to India.
Through lawyer Kimani Wachira,Director Malkiat Singh Dhillon says the accused is just seeking a way to escape the jurisdiction of the court.
The advocate now the head of the prosecution to physically come to court and confirm that the accused person when allowed to travel will come back to Kenya.
When the matter came before Milimani principal magistrate Carolyn Nyaguthi yesterday the court was informed that Cheekati Narasimha Rao wants to travel to India to meet his father who is a doctor to seek medical treatment.
“The money stolen from my client is a proceeds of crime and since its huge amount,the suspect may not return to the country to continue with the case,”added Wachira.
Wachira who is representing the aggrieved victim said that the defense have failed to produce enough evidence in court to support his claims that he is seriously sick.
According to the victim,One way ticket is not a guarantee that the accused will come back to the country.
The victim submitted that there are serious hospitals in the country from level one to level six where he can seek treatment.
Lawyer Wachira said that there is no evidence to show that the accused has a father in India who is a medical doctor.
“Even if that were to be the true,he is not the only one who needs to go and see the father,”added Wachira.
While opposing the application for release of travel documents,Wachira said No medical report given by any medical doctor in Kenya is showing that the accused is in pain.
Cheekati Narasimha Rao is accused of stealing Sh 254,461,768, the property of Printing Services Limited which got into his possession by virtue of his employment.
Rao is alleged to have committed the offense on diverse dates between 1st January 2016 and 31st August 2024, in Nairobi, jointly with others not before court.
The accused is also charged with forging the signature of the managing director of Printing Services Limited.
In his application to have his medical documents released,the accused said that his father, who is a medical doctor, wants him to travel to India to treat him.
“I have screws on the neck,I am 80 years old and ailing,and I am very uncomfortable because of this neck injury I suffered in the year 2024,”he said through his lawyer.
He added that he cannot abscond court since he is even willing to add Sh 500,000 into his cash bail that will be released to him after he comes back.
The accused is also opposed to an application by Kimani saying he is acting like a prosecutor or a medical doctor which is against the law.
He said that he is innocent untill proven guilty.
The accused pleaded with the court to have his travel documents released so that he can travel.
The victim on the other hand said the C file presented in court is not a medical report but a hospital document showing that he just walked in a hospital as an outpatient in the year 2024.
“The Applicant has already been treated and given medication and neck breast is an evidence of medication and is comfortable,”added Wachira.
He insisted that no medical report given by any medical doctor is showing that he is in pain.
“We do not have any neurological expert showing there is a problem,”said Wachira.
Speaking to the opposition Wachira said the accused can be treated within the country.
“If he has to be treated in India there must be sufficient evidence why he cannot be treated in the country and India should be the last option,”he added.
Wachira insisted that the accused is not a Kenyan citizen but a foreigner and may abscond bail.
In the case,the accused is also charged with forging the signature of the managing director of Printing Services Limited.
According to the charge sheet, Rao forged the signature of Malkiat Singh Dhillon on a letter of appointment promoting himself to the position of Production Manager of Printing Services Limited, purporting it to have been signed by PSL MD Malkiat Singh Dhillon.
It is alleged that this offense was committed on 1st April 2010 at an unknown place within the Republic of Kenya, with intent to deceive.
He denied the charges and pleaded for a lenient bond terms.
