Nina Shanghavi Jayesh, a businesswoman accused of obtaining over half a billion shillings from Victoria Commercial Bank using fraudulent documents will be remanded in custody until Thursday 23rd when the court will deliver its ruling on her bail application.
This comes after Jayesh presented herself in court today- in a wheelchair and with an oxygen tank- before Senior Resident Magistrate Wandia Nyamu to answer to the fraud charges after a warrant of arrest was issued against her for failing to appear in court.
After pleading to the charges, the prosecution opposed her release on bail on grounds that she had failed to honour previous court summons.
“The accused person demonstrated that she has no respect for the court, until a warrant of arrest was issued against her,” submitted the prosecutor.
IThe prosecution noted that nothing had been tendered to demonstrate as alleged that either the accused was out of the country or as at the date of taking plea she was not within the jurisdiction of this court.
Her husband, Jayesh Umedlal who is her co-accused had earlier pleaded not guilty to the charges and released on bail.
In her bail application, her lawyer Charles Njenga told the court that her client should be granted bail since she did not abscond intentionally and is also having a life threatening health issue.
The lawyer submitted that by the time the DCI officers went to get her from her home, she had already left and began her journey outside the country. “It is therefore not true that she has failed to appear in court,” he added.
The court heard that the sole purpose of bail is to ensure the accused person attends court not to prejudice and not punitive.
Njenga further submitted that the prosecution had not proved that if granted bail similar to the first accused, she will abscond adding that they were ready to deposit her passport in court.
Victoria Commercial Bank requested the prosecution to run a paid advert in one of the local dailies seeking information on the whereabouts of Mrs Jayesh saying that the matter is of public interest.
However the magistrate directed that the warrant of arrest against her to remain in force and if she fails to appear in two weeks, that is early December 2021, an advert will be placed in a local newspaper.
Jayesh, who is believed to be the owner of various restaurants, bars and shopping malls in Nairobi was jointly charged with others not before court with intent to defraud Victoria Commercial Bank Limited.
The court heard that on varied dates between 10th December 2018 and November 2020 in Nairobi, the accused persons wanted the bank to execute a first legal charge over Crystal Edge Apartment Number B2 erected on Land in Nairobi to secure Sh520,000,000 as a valuable security.
According to court documents, the couple are the directors of the Good Earth Group Limited which entered into an agreement with the bank and began borrowing loans from 2015 to November 2020.
It is further indicated that the properties provided by the duo to the bank as security was of varied type and value, including properties owned by their company, bank deposits from their alien accounts among others.
Jayesh is also believed to be the owner of Mr Yao, Blue Door Bar and Nyama Mama restaurants.
The magistrate directed that Mrs Jayesh be detained and the officer in charge Lang’ata women’s Prison to ensure she receives medical services at Kenyatta National Hospital until Thursday. The magistrate also allowed request to have her visited by her personal doctor.
