The directors of Nyama Mama Restaurant, Ninaa Shanghavi and her husband Jayesh Shanghavi, have moved to the Milimani High Court seeking Ksh.2 billion in compensation, citing wrongful and malicious prosecution over a now-withdrawn fraud case.
In a petition filed by their legal team, Danstan Omari and Martina Swiga, the couple claims that their arrest and prosecution in connection with a Ksh.520 million loan obtained from Victoria Commercial Bank was unjustified and amounted to a violation of their constitutional rights. They argue that the dispute, which stemmed from financial arrangements with the bank, was civil in nature but was wrongfully escalated into criminal proceedings without credible evidence.
“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,” reads part of the court petition.
The couple’s legal troubles began when Jayesh was charged with obtaining the multimillion-shilling loan using allegedly fraudulent security. However, in mid-2024, the Director of Public Prosecutions (DPP) withdrew the case, acknowledging that the matter was more appropriately addressed through civil litigation, not criminal charges.
The Shanghavis now want the court to bar any further criminal proceedings against them and to prevent any future interference with their personal lives or business affairs. They argue that the charges caused severe reputational harm, emotional suffering, and disrupted the operations of Nyama Mama a popular Nairobi-based restaurant chain.
They also cited the strain caused by the COVID-19 pandemic, coupled with prevailing economic challenges, which had already put immense pressure on the business. Despite this, they claim to have remained committed to meeting their financial obligations with Victoria Commercial Bank.
The petition underscores broader concerns within Kenya’s business community over the criminalization of civil disputes, with legal experts warning that such actions could deter investment and erode trust in the judicial process. The matter is now before the High Court, with a decision expected in the coming months.
