Businessman Schon Ahmed Noorani has moved to court seeking to privately prosecute Rajendra Ratilal who he says has refused to pay him a debt of Sh167 million.
Noorani has also cited as respondents Director of Public Prosecution (DPP) and Director of Criminal Investigation (DCI) saying that they have refused to prosecute Ratilal since the year 2018.
Through lawyer Brian Asa, Noorani says that the constitution obliges DPP to discharge its constitutional mandate in a manner that gives due regard to the interest of the administration of justice.
“Noorani advanced a loan of Sh 167Million to Ratilal but later issued him with postdated cheques to hold a security loan advanced to him which were for the payment of the principal and the interest accrued on loan,” added Asa in court documents.
He added that in the year 2018, Ratilal without informing or notifying Noorani, proceeded to cancel the cheques issued to Noorani which led to the cheques being dishonored when Noorani proceeded to deposit them when they became due.
Asa continues to say that on July 18, 2018, Noorani lodged a complaint against Ratilal with DCI who opened inquiry file to investigate the criminal conduct of Ratilal in the issuance and later cancellation of the cheques issued to Noorani.
“The investigations were characterized by unnecessary delays and interference from the officers from DCI much to the frustration of Noorani, “added Asa.
He added that on November 12, 2018 DPP recommended for the closure of the investigations into the complaint on account that there was no criminal culpability on Ratilal.
On August 19, 2021, Noorani formally requested for a review of that decision citing law grounds justifying for Ratilal to be found criminally culpable for the offense of obtaining money by false pretenses but the DPP has ignored or refused to review his decision or act on the complaint on account of the offense.
Noorani says he is aggrieved by the entire conduct of DPP and DCI in handling his complaint against Ratilal considering the offense of obtaining money by false pretenses.
He said the complaint was dropped after DPP concentrated only on the offense of obtaining money by false pretenses without considering obtaining money by false pretenses.
Noorani says he has exhausted public machinery of prosecution before embarking on it himself. He says he has no malice in embarking on this himself.
“If Ratilal is not prosecuted there is likelihood of a grave social injustice would be deemed to have been allowed to flourish unchecked thus necessitating of failure in the public and private justice, “added Noorani in court documents.
The miscellaneous application was being handled before Magistrate Gilbert Shikwe February 1, 2022 who was confirming filing of response by the respondents and interested party and take a hearing date.
The prosecution sought more time to respond.DPP and DCI are the respondents while Ratilal in the interested party in the matter.
In January 16, 2022, a high court allowed Noorani to attach shares in eight companies linked to a Ratilal who he says has refused to pay a debt of Sh167 million.
He has been battling to recover the amount loaned to a friend Ratilal over a decade ago.
Documents filed in court show that Noorani loaned his friend turned the money between August 2012 and April 2018 and the money would be repaid with interest.
The total amount loaned was Sh477 million and Rajendra paid the amount leaving a balance of Sh167million.
Rajendra admitted the debt but said he fell into financial difficulties owing to prevailing harsh economic conditions.
What followed has been court battles as Noorani sought to recover the debt. In December, Justice Wilfrida Okwany allowed Noorani to attach shares in the eight companies, which he had identified.
Justice Okwany ordered the directors or agents of the eight companies to furnish the court with financial documents and account of money or dividends due to Sanghani.
The companies include Real Management Services 2002 ltd, real court ltd, Fiona Investments ltd, Croydon Investments and Twiga Properties ltd.
The case will be heard on February 22, 2022.
