Court halts arrest warrants against trader in Sh20 billion fraud case

Victor Arara Were, Shivji Jadva Parbat Varsani and Shivji Jadva (right) at a Mombasa court in August 2016. [Kelvin Karani, Standard]

A court in Mombasa has suspended six warrants of arrest issued against businessman Shivji Jadva who is on sick leave in India.

Chief Magistrate Alex Ithuku suspended the said warrants and allowed Mr Shivji to be produced before the court on December 18.

Shivji, through his lawyer Kinyua who was represented by King'ang'ia Wachira, had applied to lift all the warrants but the court declined.

"I will not lift the warrant but suspend them. The accused person to be availed before the court on December 18," said Ithuku.

Suspect hospitalised

Wachira said Shivji was still undergoing treatment but would be in court as directed.

"I make an application to lift the warrants. Kinyua pledges to avail the respondent Mr. Shivji," said Wachira.

Shivji was charged alongside Jadva Parbat and Victor Were with 11 counts of transferring one share worth Sh20 billion, being the property of the late Premji Manji held in Ghanshyam Builders Limited, to Jadvabhai Parbat between April 14, 2002, and January 31, 2006.

They also face another charge of forging the signature of the late Manji with intent to defraud him the said monies.

State Prosecutor Alex Gituma said he did not have instructions to oppose suspension of the warrants.

Shivji presented a letter before the court seeking to be dispensed with as he had scheduled medical treatment in India.

In a medical letter dated May 23, 2023, Dr Rishad as a Consultant Physician and Nephrologist, confirmed that Shivji had been attending his clinic for some time with cardio renal syndrome.

Medical report

The Dr Rashid said Shivji suffers from diabetes and hypertension. The medical report also revealed he suffers liver cirrhosis.

"In light of his symptoms and medical history, we advise that Mr Shivji be reviewed by his cardiologist for further evaluation and management," read the report.

A further medical report from Dr Shah Dhiren and Nalk Dhaval confirmed that Shivji, who is 70 years old, was admitted at Marengo CIMS Hospital on August 18, 2023.

Dr Dhiren said Shivji was diagnosed with coronary artery disease, triple vessel disease and that he is under surgical ICU that requires one-month rest.