Nyama Mama owners seek Ksh.2B for alleged malicious prosecution

In their application, the couple also seeks court orders barring any further criminal proceedings related to their financial dealings with Victoria Commercial Bank Limited.

"An order that the respondents, jointly and severally, do pay the petitioners general, aggravated, and exemplary damages for the infringement of their constitutional rights, emotional distress, financial losses, and the disruption of their business and livelihoods — in the sum of Sh2 billion," the court papers read.

The Shanghavis argue that the matter, which was essentially civil in nature, was escalated into criminal proceedings without credible evidence. They claim the actions amounted to malicious prosecution and a gross violation of their fundamental rights and freedoms.

In mid-2024, a Nairobi court withdrew a Sh520 million fraud case against the couple. Jayesh Shanghavi had initially been charged with obtaining a Sh520 million loan using allegedly fraudulent security. However, the Director of Public Prosecutions (DPP) later applied to withdraw the charges, stating that the matter was more appropriate for civil litigation.

Represented by lawyers Danstan Omari and Martina Swiga, the couple states that the prosecution caused them immense frustration and severely affected both their personal lives and business operations. They are now seeking court orders to restrain the respondents from further interference in their business, private affairs, or legal rights.