Two directors of The Good Earth Group (TGEG) Limited have filed a lawsuit against Victoria Commercial Bank Limited, its Chairperson of the Board, CEO, and seven other board members.
The directors, Nina Shanghavi and Jayesh Shanghavi, allege that the bank and its leadership orchestrated false criminal charges against them in violation of their constitutional rights.
TGEG, a company engaged in hospitality services across various establishments in Nairobi, claims that what was essentially a civil and commercial dispute was wrongfully escalated into a criminal matter.
According to court documents, the Shanghavis were arrested, detained, and charged at the Milimani Chief Magistrate’s Court. They argue that the charges had no criminal basis and that the move to prosecute them was a gross abuse of legal process.
The petitioners also raised concerns about what they termed as harsh and punitive bond conditions imposed by the court. They contend that the initial cash bail of Ksh 5 million was excessive and failed to take into account their personal circumstances and clean criminal records.
When they appealed for a review of the bond terms, the court instead increased the bond to Ksh 250 million—a decision they say was retaliatory and oppressive. As a result, Nina Shanghavi was remanded at Lang’ata Women’s Prison, where she claims she was denied access to her private doctors. She was allegedly forced to undergo treatment at Kenyatta National Hospital without her medical history or documentation, which she argues contravened medical ethics and her rights.
Represented by lawyers Danstan Omari and Martina Swiga, the Shanghavis are asking the High Court to issue a restraining order barring the bank, its agents, employees, and affiliates from initiating any further criminal proceedings against them.
Additionally, they are seeking Ksh 2 billion in aggravated and exemplary damages for the alleged infringement of their constitutional rights and the emotional distress they endured.
