Nairobi: Businessman Linked to KSh 200m Fraud Blocked from Visiting Ailing Father in India
- A magistrate in Nairobi dismissed an application by businessman Cheekati Narasimha, who was seeking to travel outside the country on medical grounds
- However, Magistrate Caroline Nyaguthii dismissed the application, asserting that Narasimha had not provided sufficient evidence
- Narasimha was charged with embezzling KSh 254.4 million and forging his boss's signature to promote himself
Amos Khaemba, a journalist at TUKO.co.ke, brings over four years of experience covering politics and current affairs in Kenya.
Nairobi - Cheekati Narasimha, an Indian businessman accused of stealing over KSh 254 million from the company, has suffered a major blow in his bid to leave Kenya.
Source: Original
Narasimha had applied on April 4, 2025, for permission to travel to India, citing the need to visit his ailing father and receive medical treatment.
However, Magistrate Caroline Nyaguthii dismissed the application, asserting that Narasimha could be effectively detained within Kenya.
Initially, the Investigating Officer (IO) had opposed the application in a replying affidavit dated February 6, 2025, arguing that Narasimha was a flight risk and that the submitted medical documents were vague and lacked evidence of scheduled medical appointments.
However, in a surprising turn, the prosecution informed the court during the hearing that the IO was no longer objecting to the application, provided Narasimha met certain conditions.
These included furnishing the IO with his return ticket, providing full details of his address and two contact persons in India, and depositing KSh 500,000, refundable upon his return.
The complainant's counsel, led by Lawyer Kimani Wachir, strongly opposed the application, arguing that Narasimha remained a flight risk and would likely abscond from trial if released.
Furthermore, they contended that there was no substantial evidence indicating that Narasimha required specialised medical treatment unavailable in Kenya.
In her ruling, the magistrate stated that the court had considered the positions of all parties. Regarding Narasimha's stated reason for travelling to India to see his ailing father, the magistrate noted that;
"The court has carefully scrutinised the documents available by the accused in support of this application and notes indeed there is no evidence in terms of a medical report that the accused person's father was ailing."
The magistrate further observed that the supporting affidavit included a handwritten note, not on official letterhead, purportedly from a medical officer stating that one Cheekati Rao, aged 80, suffered from a mental illness and an undisclosed chronic illness.
The magistrate deemed this note insufficient as a medical report and difficult to authenticate due to the lack of details about the medical officer.
Additionally, the complainant's counsel pointed out that no documentation confirmed that Narasimha's father was indeed named Cheekati Rao.
Addressing the second reason provided, Narasimha's intention to seek treatment for a neurological condition in India, the magistrate acknowledged the argument from Narasimha's counsel that X-rays showed spurs in his neck requiring the removal of a neck brace.
"While the court appreciates the fact that the accused person is entitled to the highest attainable standard of health, which includes the right to health care services, as mentioned in Article 43 of the Constitution of Kenya, there is no evidence that the health services the accused person requires cannot be procured in Kenya," the magistrate stated, noting the absence of any recommendation from a Kenyan specialist for treatment in India.
The magistrate also pointed out that Narasimha's documents indicated his last hospital visit was on August 29, 2024, with no follow-up appointments or reviews in the eight months since. This suggested that Narasimha's condition was being managed effectively and did not warrant specialist treatment unavailable in Kenya.
The magistrate expressed her belief that the spurs in Narasimha's neck and the neck brace could be effectively addressed by a specialist hospital within Kenya.
Source: TUKO.co.ke
