City billionaire in the soup for assaulting tycoon cousin

A case in which 27-year-old managing director of London Distillers, Avin Galot, has sued his 67-year-old cousin and managing director of Manchester Outfitters, Pravin Galot for assault has turned into a circus with detectives advising close relatives to settle the matter at 'home' instead of allowing the law to take its course.

According to documents in our possession, Senior Counsel Dr John Khaminwa, who is representing the victim, has written to the Director of Criminal Investigations to inquire about the delay in hearing the case pitting the two billionaires.

"There is no possible reason available for the inordinate delay. To date, there has been no update to our client on the progress of the matter, yet there is CCTV footage to demonstrate the assault," wrote Khaminwa.

Assault

In the footage also filed in court, Pravin is seen assaulting Avin, then when he gets back to his car, he reverses and speeds towards Avin who jumps out of the car's way.

According to court documents, Avin says he was watering flowers in his garden when his older cousin Pravin assaulted him.

"My cousin came driving his black Mercedes while hooting loudly. He then came aggressively towards me and threatened me. I asked him to stop acting like a child and he came and slapped me on the left side of the cheek causing me injuries and trauma," says Avin in his statement.

He reported the assault to Kiambu Police Station and was given a P3 form and an OB number. But now Avin, through his lawyer, is accusing the police of siding with his assailant, Pravin.

"After reporting the case, I was shocked to learn that Pravin had also lodged a similar complaint against me. The police called me several times asking me to withdraw the case and when I refused, they instituted an assault case against both Pravin and myself."

Pravin lodged a separate formal complaint against Avin for alleged assault at the same police station. As a result of the two rival complaints, the police opened two inquiries which they forwarded to the ODPP for review and decision to charge any of the complaints. A date was agreed upon which they would both take a plea.

"I agreed to be charged and at that point produced CCTV footage of the incident which was authenticated by the DCI. When they realised I had the footage, the OCS Kiambu Police station Stephen Wainaina told me he can no longer charge me with assault because Pravin 'is busy with his lawyers' and was about to celebrate Diwali. He asked me to come back after a week."

Avin states in his affidavit that the delay was to allow Pravin to get a court injunction against his pending arrest.

Taking advantage of the one-week break, Pravin immediately rushed to court on October 8, 2021 and under a certificate of emergency, got a court order barring the police from arresting him over the assault case.

"I have not been afforded an opportunity to pursue and conclude alternative dispute resolution before subjecting me to criminal prosecution since there was nothing to show permanent injuries to justify the degree of injury classified as grievous harm."

In a letter dated November 8, 2021, Avin wrote the Director of Public Prosecution stating, "I am well informed by the OCS of Kiambu Police Station that the assault case has now been referred to as an affray. It has been recommended that the assailant and myself both be charged and prosecuted. It would be prudent to bring to your attention, the incident occurred on a private property off Kiambu Road, owned by my father Moan Galot where the assailant and I reside. I have provided an authenticated copy of the CCTV recording which conveys exactly what happened."

Out-of-court settlement

On October 13, 2021, Joseph Gikonyo, the Senior Assistant Director of Public Prosecution wrote to Renson Igonga the Kiambu County prosecutor saying he was adopting Igonga's and the investigating officer's recommendation, to have the matter settled out of court.

"Taking your recommendation to the DPP, we hereby direct the parties herein to be accorded the opportunity to explore ways of resolving the two cases amicably."

This was followed by an October 21, letter where Pravin's lawyer wrote to Avin, asking for a meeting for reconciliation.

"In the spirit of reconciliation, we wish to confirm from you if you are agreeable to having a meeting with a view of solving this matter amicably."

His offer was promptly rejected by Avin's lawyer who noted that Pravin had already sought court protection, so it would be prudent to let the law take its course.

However, Avin through his lawyer says he is being coerced to settle the matter out of court.

"In 2021, our client reported to Kiambu Police station six times and was being denied help. It's curious that your office made a unilateral decision without involving our clients to settle the matter out of court."