- Nina is charged alongside her husband Jayesh Umedlal who has already pleaded not guilty to the charges.
- Jayesh is also believed to be the owner of Mr Yao, Blue Door Bar and Nyama Mama Restaurants.
Image: FILE
A Nairobi court on Tuesday ordered a businesswoman accused of obtaining Sh520 million from Victoria Commercial Bank using fraudulent documents to be remanded until Thursday for bond ruling.
Milimani senior resident magistrate Wandia Nyamu issued the order after Nina Shanghavi Jayesh, who presented herself in court while on a wheelchair with an oxygen cylinder, pleaded not guilty to the fraud charges.
However, the prosecution opposed her bail application saying the accused had breached the previous court orders requiring her to appear for plea taking.
"Your honour, the accused demonstrated that she has no respect for the court, until an arrest warrant was issued against her," the prosecution added.
Nina is charged alongside her husband Jayesh Umedlal, who has already pleaded not guilty to the charges.
Previously Nina through her lawyer had told the court that it was not her wish to involve the court in a long process through her absence in court.
The lawyer said by the time the DCI went to get Nina from her home, she had already left the country, adding that Nina will appear in court after two weeks and sought to have the arrest warrant lifted.
However, the prosecution opposed the application for the lifting of the warrant saying Nina's location remained unknown.
The prosecution urged the court to decline the application until the whereabouts of the second accused is established.
The prosecution said nothing had been availed in court as proof that Nina was out of the country and expected to be back in two weeks.
The complainant wanted the court to summon the investigating officer to shed light about the whereabouts of the second accused.
Victoria Commercial Bank requested the prosecution to run a paid advert in one of the local dailies seeking information on the whereabouts of Nina. The bank said the matter is of public interest.
The magistrate directed that the warrant of arrest against Nina will remain in force and if she fails to appear in those two weeks, an advert will be placed in a local newspaper.
Nina's co-accused, Jayesh, was present in court and requested for his passport to travel to Dubai for business. The prosecution, however, successfully opposed the application and was directed to appear in court for ruling on the matter on December 14, 2021.
Jayesh, who is believed to own 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 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.
He allegedly committed the offence on varied dates between December 10, 2018 and November 2020 in Nairobi.
Jayesh and Nina are both directors of Good Earth Group.
Jayesh is also believed to be the owner of Mr Yao, Blue Door Bar and Nyama Mama Restaurants.
According to court documents, Jayesh and Nina are the two directors of the Good Earth Group limited which entered into an agreement with the bank and began borrowing loans from the bank since 2015 to November 2020.
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.
The two did not however own any of the premises they operated their business from.
-Edited by SKanyara