A Nairobi court has postponed pretrial proceedings for two directors of TRV Towers Limited, Tribhovan Anlalji Chavada and his son Jayesh Ribovan Chavda, who are accused of embezzling Ksh 112 million from the company.
The case, which was scheduled for pretrial hearing, was adjourned to January 13, 2025, after the Office of the Director of Public Prosecutions (ODPP) informed the court that it was not ready to provide the defense with the necessary evidence.
During the hearing, the ODPP sought additional time to prepare and disclose the evidential materials to the defense counsel, which led to the adjournment.
The prosecution’s failure to supply the defense with evidence on time raised concerns from the complainant’s former High Court Judge Joseph Mutava, who objected to the delay.
He informed the court that his client, the complainant in the case, would be applying for a review of the bond terms for the accused persons, arguing that the continued delays in the case warranted a reassessment of their bail conditions.
Magistrate Benmark Ekhubi allowed the adjournment to give the defense and prosecution time to review and address the bond terms.
Tribhovan Chavada, the managing director of TRV Towers, and his son Jayesh Chavda face serious charges of theft, conspiracy to defraud, and document forgery.
According to the charge sheet, between October 18, 2019, and July 31, 2023, Tribhovan allegedly stole Ksh 112 million, money that he had access to by virtue of his position in the company.
His son Jayesh is charged alongside him for allegedly conspiring to steal the same amount of money.
Additionally, the two are accused of forging Bank of Baroda account opening documents, which they allegedly presented as authentic to cover up their illicit activities.
The prosecution has claimed that Tribhovan Chavada misused his position as managing director of TRV Towers to divert company funds for personal gain.
The alleged theft was carried out through fraudulent financial transactions, including the creation of fictitious bank accounts with forged documents.
The stolen money, according to the charge sheet, was siphoned off over a period of several years while the father and son allegedly conspired to cover up the crime.
Both Tribhovan and Jayesh have denied the charges, and they are currently out on bail while awaiting trial.
Tribhovan was granted bail in the amount of Ksh 200,000, while his son Jayesh’s bail was set at Ksh 150,000.
The continued delays in the case, however, have led the defense to seek a review of these bond terms.
The defense argued that the extended period before the trial, combined with the lack of progress in the case, justified revisiting the bail conditions.
The adjournment to January 2025 means that the case will not proceed for several more months, frustrating those awaiting a resolution.
While the case has been delayed, the prosecution has indicated that it is preparing a thorough case and will be ready to present the evidence when the trial resumes in January.
The involvement of the company’s top management, particularly the managing director and his son, has led to concerns about oversight and accountability in large organizations.
The defense and prosecution will both have several months to prepare before the next hearing, where Magistrate Ekhubi will also consider the application for the review of the bond terms.
