The directors of The Good Earth Group Limited have moved to seeking Sh 2 billion damages from Victoria Commercial Bank and its directors for allegedly infringing their constitutional rights.
Nina and Jayesh Shanghavi who are the proprietors of Nyama Mama and other restaurants want the court to order that the respondents, jointly and severally, do pay them general, aggravated, and exemplary damages for the infringement of their constitutional rights and for emotional distress, reputational harm, financial losses, and the disruption of their business and livelihoods, in the sum of Sh 2 billion or such greater sum as this Honourable Court may determine as just and reasonable in the circumstances.
The couple also was the court to declare that the acts and omissions of the respondents, including but not limited to intimidation, coercion, economic sabotage, selective targeting, invasion of privacy, reputational damage, and the abuse of banking relationships and financial records constitute unconstitutional, unlawful, malicious, and oppressive conduct that offends the principles and values enshrined in of the Constitution.
In addition, the petitioners want a declaration that the threatened or actual instigation of criminal or quasi-criminal proceedings against the Petitioners by or at the instigation of the Respondents, amounts to an abuse of the criminal justice system, and is in breach of the Petitioners’ rights to fair administrative action and fair hearing.
“An order of conservatory injunction be issued restraining the respondents, their servants, agents, employees, proxies, and/or associates, from instigating, initiating, soliciting, facilitating, directing or procuring the institution of any criminal proceedings against the petitioners, whether directly or indirectly, in connection with any of the financial arrangements between the petitioners and the 1st respondent or matters arising therefrom,” the couple states.
Through lawyer Danstan Omari and Martina Swiga, the petitioners aver that clients, investors, suppliers, and associates of TGEG distanced themselves from, resulting in revenue loss, employee downsizing, and reputational destruction.
According to an affidavit by Nina Shanghavi, she was personally branded a fraudster in public, yet no conviction has been recorded nor has there been any substantiated evidence of criminal conduct.
The couple further claims that they were subjected to unwarranted surveillance, intimidation, and threatening phone calls from persons claiming to represent the bank or law enforcement, warning them to remain silent and to stop pursuing redress.
“My family suffered as well-my family witnessed my public humiliation, my hospitalization, my courtroom appearances in a wheelchair, and the emotional breakdown that followed,” Nina stated.
The court heard that following the adverse economic conditions occasioned by the COVID-19 pandemic and its aftermath, TGEG experienced financial hardship, leading to a commercial debt dispute with Victoria Commercial Bank Limited (VCB).
Omari stated that in good faith and without defaulting on their civic or financial duties, his clients entered into negotiations with VCB seeking to restructure the loan obligations or explore an amicable settlement.
However, the respondents rejected all genuine proposals and instead embarked on a campaign of harassment, coercion, and malicious prosecution against them.
It is alleged that the Shanghavi’s were wrongfully arrested, detained, and charged in Milimani Chief Magistrate’s Criminal Case No. 1274 of 2021, a purely civil and commercial matter, in complete violation of their constitutional rights and in contravention of settled legal principles.
The court further heard that despite having no prior criminal record whatsoever, the petitioners were subjected to highly unreasonable and excessive bond terms that were clearly punitive in nature at the initial arraignment.
“The trial court imposed cash bail of Sh 5,000,000 each, which was wholly disproportionate and ignored our personal circumstances and clean records. We proceeded to appeal the said terms before the Chief Magistrate’s Court, but shockingly, the court increased the bond terms to Sh 250 million with surety of a similar amount for each of us,” Nina claims in her affidavit.
It was only upon further appeal to the High Court that the bond terms were eventually reviewed and reduced to a more reasonable Sh 2,000,000 cash bail each.
The first petitioner further stated that the excessive and escalating bond requirements not only caused immense psychological and financial strain but also illustrated the oppressive conduct that subjected to from the onset of the criminal proceedings.
“Despite my advanced age and fragile health, I was placed under house arrest and subjected to repeated court attendances, including on several occasions where I had to appear in court in a wheelchair, having been forcibly removed from bed rest and denied the benefit of adequate medical accommodation,” she added.
She added that she suffers from multiple serious health conditions, all of which were exacerbated by the cruel and degrading treatment meted out by officers acting on behalf of or under the instruction of the respondents
The petitioner said that she was denied access to her private physicians and instead forcibly admitted to Kenyatta National Hospital, without any of her medical documents, history, or proper triage-contrary to medical ethics and my rights as a patient.
“At Kenyatta Hospital, I was subjected to medical negligence, including being prescribed the wrong medication.”
She was also moved across four separate wards within a short span, destabilizing care and being denied the vegetarian diet that I medically and culturally require
According to her, she was treated not as a patient in need of care, but as a criminal, a label foisted upon me by the respondents’ coordinated campaign to intimidate and punish her for a debt dispute that should have been resolved amicably or through civil proceedings.
Omari said that his client had been scheduled to travel abroad for urgent medical treatment concerning a serious health condition that had been diagnosed by her team of specialists.
She provided the court with all the requisite medical documentation from certified specialists, including letters confirming the urgency of the treatment and the specific dates of travel.
Despite this, her passport remained in the custody of the court and was not released in time to facilitate the travel, thereby causing her to miss the critical window for the medical procedures.
“This delay has exacerbated my condition and placed my health at further risk, demonstrating the respondents’ indifference to my well-being and the disproportionate nature of the restrictions imposed upon me,” she stated.
The respondents in matter include VCB, Ketaki Sheth (VCB Chair of the Board at the time) and Yogesh Pattni (CEO of the Board at the time).
Others include members of the board at the time; Sylvano Okola, Mahesh Acharya, Mihir Chalishazar, Rajinder Bir Singh, Mahesh Shanmugan, Fiona Mungai, Azmina Pattni and Manish Parmar.
