Businessman Asif Amirali Alibhai Jetha, who has been charged with trafficking 12 Nepalese women and being in possession of proceeds of crime, has a case to answer, a court has ruled.
Shanzu Senior Resident Magistrate David Odhiambo said that prosecutors have made a convincing case against the suspect, who owns a popular bar in Nyali.
“Having considered and analysed the evidence of the prosecution witnesses, and respectfully considered the submissions made by the prosecution, I find that the prosecution has established a prima facie case against the accused for him to be put on his defence,” the magistrate said.
Mr Jetha, who holds Canadian and UK passports, owns New Rangeela Bar and Restaurant. He was charged in 2019 with three counts of trafficking in persons, promoting human trafficking and interfering with travel documents.
He is also charged with obtaining Sh800,000 from Maru Deepak by falsely pretending he could sell him a car on September 5, 2013.
But the court dropped tax-related charges against him, arguing that the Directorate of Criminal Investigations (DCI) has no role in enforcing the Tax Procedures Act.
The tax-compliance charges included that he did not file income tax returns on time for 2016-2017, failed to submit tax returns and had suspected stolen property.
Mr Jetha has also been acquitted of the charges of economic exploitation of children contrary to Section 10(1) as read with Section 20 of the Children Act.
He was accused of employing as club dancers 12 Nepalese women whose status did not authorise them to work under Kenyan law.
This charge fell after the court found that two of the victims were actually adults. Their travel documents showed that one was 19 years old and the other 20 when they were arrested.
Mr Odhiambo noted that prosecutors tabled no evidence to the effect that the two women’s passports were obtained fraudulently by the suspect altering their ages.
The court was also told that the suspect economically exploited two children by willfully and negligently engaging a 16-year-old girl and 17-year-old girl in hazardous work - dancing in a club - which was harmful to their health and physical, mental, spiritual and moral development.
Mr Jetha was also accused of operating a business in Kenya without a work permit and unlawfully employing foreigners.
Mr Jetha will be required to defend himself against the remaining charges, which attract a sentence of at least 30 years in prison if he is found guilty.
