A Mombasa court has suspended six warrants of arrest against an elderly businessman who is on a sick leave in India.
Chief Magistrate Alex Ithuku suspended the warrants and allowed Shivji Jadva to be produced before the court on December 18.
Shivji through his lawyer 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 will be availed before the court on December 18,” said Ithuku.
Kinyua said his client was still undergoing treatment and would appear in court as directed by the court.
“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 20 billion shillings being the property of the late Premji Manji Pindolla 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 Pindolia with intent to defraud him of the said monies.
State prosecutor Alex Gituma said he did not have instructions to oppose suspension of the warrants.
Shivji had presented a letter before the court seeking the lifting of the warrants due to his ailing 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.
Dr. Rashid said he suffers diabetes and hypertension and had undergone PTCA and Lap Cholecystectomy in 2019. The medical report also reveals he suffers Liver Cirrhosis.
“His current medication includes Metoprolol, Rosuvastatin and Anti Diabetic drugs. During his recent visit Vaisani complained of Angina pains accompanied by diaphoresis,” read the Doctors 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. Shah said Shivji was diagnosed with coronary artery disease, triple vessel disease and that he is under surgical ICU that requires a rest of one month and not fit to fly for a month.
