In Summary:
- Directors of popular meat joint Nyama Mama files a petition seeking Sh2 billion in compensation over alleged wrongful prosecution in a Sh520 million fraud case.
- They argue the case, which was civil in nature, was unjustly turned into a criminal matter
Directors of popular meat joint Nyama Mama , Ninaa Shanghavi and Jayesh Shanghavi, have filed a petition at the Milimani High Court seeking Sh2 billion in compensation over alleged wrongful prosecution in a Sh520 million fraud case.
The couple claims their arrest and prosecution over a loan dispute with Victoria Commercial Bank lacked credible evidence and amounted to malicious prosecution.
They argue the case, which was civil in nature, was unjustly turned into a criminal matter, violating their constitutional rights and causing emotional distress, financial loss, and business disruption.
“The respondents’ actions amounted to a gross violation of fundamental rights and freedoms,” court documents read.
The petition also seeks orders restraining any further criminal proceedings or interference in their business or personal affairs.
In mid-2024, a Nairobi court withdrew the charges against Jayesh, who had been accused of securing a Sh520 million loan using fraudulent security.
The Director of Public Prosecutions (DPP) dropped the charges, stating the matter should be handled as a civil dispute.
Through their lawyers, Danstan Omari and Martina Swiga, the directors claim the prolonged legal battle damaged their reputation and operations, already strained by the COVID-19 pandemic and economic challenges.
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They now seek compensation for aggravated and exemplary damages, stating they remained committed to fulfilling their financial obligations with the bank despite the circumstances.
