Suspect in Ksh 254M Theft Case Failed to Prove Need for India Treatment
The magistrate rejected the evidence by the accused that he was traveling to India to seek medical attention and visit his ailing father.
A court has declined to allow a former general manager charged with stealing Ksh 254 million from a renowned publisher Malkiat Singh to travel to India for alleged specialist treatment.
While dismissing the application, Milimani principal magistrate Caroline Nyaguthii declined to allow Cheekati Narasimha Rao to travel saying he has not proved that he cannot get the same treatment in Kenya.
She said Rao has not presented any evidence to prove that he requires specialized treatment in India since the last time he visited the hospital in Kenya was eight months ago,
“I have considered the rival submissions by lawyer Kimani Wachira for Malkiat Singh that the accused is merely hoodwinking the court to permit him to travel to India to seek treatment which is available in Kenya,” Nyaguthii stated.
She added that the complainant has proven that the accused will abscond when allowed to leave the country since Kenya has no extradition treaty with India,
“If this court allows Rao to travel he might never be traced and repatriated back to Kenya to face justice,” ruled Nyaguthii.
The magistrate further noted that even though Rao has opted to deposit an additional Ksh 500,000 to the cash bail he had deposited in the court that is not a guarantee that he will return to Kenya to face charges.
The magistrate rejected the evidence by the accused that he was traveling to India to seek medical attention and visit his ailing father.
Nyaguthii said the accused has not presented any evidence to prove the claims that he wanted to visit his ailing father in India.
“Rao has not presented a birth certificate to prove that the man he claims to be his father is actually his father,” she noted.
She also observed the charge of tune by the Investigating officer to withdraw an affidavit he had filed opposing the release of the passport to the accused person to travel to India for medication.
The court also observed that the immigration department had obtained orders not to allow the accused person to travel outside the country.
Further, the magistrate concurred with Kimani for Singh that the accused person has not presented any evidence of the vast investment he claims he claims to be having in the country.
The court noted that Rao is charged with stealing Ksh 254 million which is a large amount of money and the court requires substantial proof that the suspect will return to face justice.
She dismissed Rao’s application to be allowed to travel to India to seek specialized treatment saying the same can be available in Kenya,
“Having all the factors, I am not satisfied that the accused person made his application in good faith. It is for this reason i refuse to find favour with the application dated January 13, 2025, and i dismiss it in its entirely,” the magistrate ruled.
Rao has denied stealing Ksh 254,461,768 million on diverse dates between January 1, 2016, and August 31, 2024, within Nairobi city county jointly with others who were not in court being a servant of Printing Services Limited.
During the time of the offense, he was an employee of the said company.
He was further charged with forging the signature of Indian-Kenyan author and publisher Malkiat Singh Dhillon, in an attempt to falsely promote himself as a Managing Director of the company.
According to the prosecution, he committed the alleged offense on April 1, 2010, at an unknown place within Kenya.
He is accused of forging Malkiat Singh Dhillon’s signature on an appointment letter that falsely promoted him to the position of managing director in the company.
The letter was purported to have been signed by Dhillon who is the Managing Director of the company.
The accused is out on bond.
