A court has declined to allow a former general manager charged with stealing Sh254 million from renowned author and publisher Malkiat Singh’s company to travel to India for specialist treatment, ruling that he must remain in Kenya to stand trial.
Milimani Principal Magistrate Caroline Nyaguthii said Cheekati Narasimha Rao had not provided proof that the treatment he seeks is unavailable in Kenya.
Besides seeking specialised treatment, Mr Rao had also requested the court to return his passport so he could travel to India to visit his ailing father, Cheekati Jagapathi Rao. However, the magistrate noted that the accused had not submitted any evidence to show that his father is unwell.
“There is no evidence, in terms of a medical report, that the accused’s father is ailing,” Ms Mugo stated.
She noted that the only document presented in court was “a handwritten note not on a letterhead, allegedly issued by a medical officer in Eluru District, India, stating that one Cheekati Jagapathi Rao, aged 80, is suffering from mental illness and an undisclosed chronic condition.”
Ms Mugo ruled that the note does not qualify as a medical report, as it lacks the identity and credentials of the medical officer who authored it.
“Further, as rightly observed by lawyer Wachira Kimani for Mr Singh, the accused has not availed any documentation to confirm that his father is indeed named Cheekati Jagapathi Rao,” the magistrate added.
On the issue of medical treatment, Ms Mugo said, “There is no evidence that the health services he requires are unavailable in Kenya.”
Writer and publisher Malkiat Singh.
Photo credit: File | Nation Media Group
She also noted that Cheekati had not presented any medical report from a Kenyan specialist recommending treatment abroad. The court observed that the last time the accused sought medical attention was on August 29, 2024.
“There have been no follow-up appointments or reviews since then — nearly eight months ago,” Ms Mugo noted.
She further observed that the accused appeared to be managing his condition and was not in distress that would necessitate specialized treatment abroad.
The court also noted that the Immigration Department had previously secured a court order barring Mr Rao from leaving the country. He was ordered to surrender his passport as part of his bond terms upon being charged.
Ms Mugo concurred with Mr Kimani that Kenya does not have an extradition treaty with India, and if the accused were allowed to leave, he might not return to face justice.
While pleading with the court to be allowed to travel, Cheekati claimed to have significant investments in Kenya.
However, Mr Kimani told the court that “there is a likelihood that the accused’s assets may be seized by the Asset Recovery Agency (ARA) as proceeds of crime.”
Ms Mugo ruled that ownership of assets in Kenya does not guarantee the accused will return to face trial.
“In this case, the accused is charged with stealing Sh254,461,768. While the court appreciates that he has offered an additional security of Sh500,000, this is hardly sufficient to ensure his return,” said Ms Mugo.
The court observed that once allowed to travel, the accused could cancel his return flight and forfeit the additional security.
“Having weighed all the factors, I am not satisfied that the accused has made this application in good faith,” ruled Ms Mugo.
“The application is a veiled attempt to hoodwink the court into granting him permission to leave its jurisdiction and evade trial,” she concluded.
Ms Mugo therefore rejected Mr Cheekati’s application to have his passport returned so he could travel to India to visit his father and seek medical treatment.
“I decline to grant the orders sought in the application dated January 13, 2025, and dismiss it in its entirety,” she ruled.
Rao has been charged with stealing Sh254,461,768 on diverse dates between January 1, 2016, and August 31, 2024, in Nairobi City County while serving as an employee of Printing Services Limited.
He is also accused of forging the signature of Indian-Kenyan author and publisher Malkiat Singh Dhillon in an attempt to fraudulently present himself as the company’s Managing Director.
The case will be mentioned for further directions on June 3, 2025.
Cheekati, who has denied the charges, is out on a bond of Sh3 million.
