The Good Earth Group directors have taken Victoria Commercial Bank to court for breaching their contract and violating their fundamental rights.
The two Nina Shanghavi and Jayesh Shanghavi claim in their conditional petition that the Bank caused them to be charged before Milimani Chief Magistrate court on allegations that never existed.
Upon making a complaint to the director of public prosecution seeking review of the criminal charges the indictment against them was withdrawn under section 87 (a) .
Speaking to journalists at Milimani law courts the directors accompanied by their lawyers Danstan Omari and Miss Martin Swiga said the bank made false allegations against them which went on to violate their fundamental rights as enshrined in the constitution.
Their lawyers said by the time the bank was making a criminal complain against the directors their was a pending civil suite. They said that one of the directors Nina Shanghavi was dragged from Aga Khan Hospital and brought to court in an ambulance for purposes of being charged.
“This was a clear violation of her fundamental rights as provided in the constitution” the lawyers said
The directors says in their petition that their existed good relationship between the bank and their company until the economic situation went down during the COVID 19 pandemic.
The lawyers said they have written to the Judicial service commission seeking removal of a magistrate who ordered the sick director to be dragged from Aga khan hospital to Milimani law courts for purposes of plea taking.
The petition will be placed before vacation duty Judge Justice Lawrence Mugambi for directions.
