BY SAM ALFAN.
City tycoon Ashok Rupshi Shah has been ordered to present himself before the Directorate of Criminal Investigations in Gigiri, Nairobi.
Milimani Senior Principal Magistrate Kennedy Cheruiyot ordered the businessman to present himself without fail, after he showed up in court following a warrant of arrest, which was issued against him and two others.
“I allow Ashok Shah who is before court now to present himself to DCI Gigiri before the end of today in default the warrant of arrest that is against him shall remain in force,” ruled the Magistrate.
In his ruling, the Magistrate noted that the death threat allegations facing the suspect are serious since they may lead to defeat of justice.
Ashok presented himself to the court seeking to lift the arrest order issued against him on Thursday last week. The court heard that Ashok’s co-accused were in Mombasa and would also present themselves before the police tomorrow.
But Prosecutor Kennedy Panyoko opposed the application to have the warrant lifted saying that the conduct of the suspects was mischievous as they attempted to secure anticipatory bail at the High Court Kiambu.
“I find that the application appears mischievous and an attempt to delay the justice,” said the Magistrate.
Last week Cheruiyot issued an arrest order against Shah and other suspects including the chairman of the Shree Cutchi Gujarati Hindu Union (SCGHU) Meghji Patel, Nilesh Bhavsharu, Mukesh Salva and Hirji Ramji Patel alias Harish Daria.
The four are to be charged with conspiracy to defeat justice, possession of an illegal firearm and attempting to extort Sh10 million from another trader.
The arrest order was issued following an urgent application by the complainant Pareshkumar Keshavji Dodha who said the investigating officer in the case has failed to arrest them.
Dodhia through his lawyer, Wanyanga and Company Advocates further claimed that despite raising complains against them, no arrest has been made despite their of homes and business places being known to the investigating officer.
“l am apprehensive that should court not order for Ashok, Meghji, Bhavsharu and Mukeshto be arrested and arraigned in before court to face charges of Extortion, conspiracy to defeat justice and interference with witnesses, they shall proceed to continue to intimidate and threaten and even harm both me and the witnesses,” says Dodhia in his court papers.
The four suspects are also said to be intimidating and threatening the complainant and his witnesses to withdraw the case.
According to the documents, the four are facing charges before Kiambu Law Courts, which include extortion, being in possession of narcotic drugs and being in possession of public stores.
Patel was last year arrested by detectives from Parklands after he was found impersonating police officer.
He had been accused of attempting to extort from businessman Dodhia as a pre-condition to help settle a case that had been reported at Parklands police station.
It is said that Patel had on July 21, 2018 written to the Inspector General of Police claiming that Dodhia had threatened his sister-in-law, Dimple Sumaria, with a firearm.
A complaint was made at Parklands police station, Occurrence Book (OB) number 83/17/7/2018 by Sumaria.
The SCGHU had also on behalf of Sumaria made several reports of threats at the station which they claimed Parklands police station refused to investigate. The OB numbers are; 38/19/7/2018, 41/19/7/2018, 22/27/7/2018 and 54/19/7/2018.
The court was told that the extortion and attempted extortion was occasioned by Patel together with the four other suspects who are said to have been using Patel’s illegally acquired firearm to extort.
Police allege that during arrest of Patel, he was found in possession of a Ceska pistol, ammunition, two empty magazines, two walkie talkies, military smoke jacket, white bulletproof vest, handcuffs, bhang and several badges among other items.
The investigations revealed a complex ring of extortion involving at least five other Indians.
Dodhia informed the court that due to the allegations, his firearm certificate No. 5433 was revoked by the Chairman of Firearms Licensing Board.
Records indicate that Dodhia first applied for firearms certificate on February 15, 2008 but it was rejected by Firearms Licensing Board (FLB). He appealed and was later issued with a certificate through a letter from the Board dated January 29, 2010.
He further told the Court that Sumaria had visited the Gigiri police and the Internal Affairs Unit (IAU) and recorded a statement.
Dodhia, the Director of a pharmaceutical company Sonal Holding based in Baba Dogo, had earlier been accused of threatening her with a gun and deporting her to India after she refused her sexual overtures.
