Businessman appeals against 60-year jail term for human trafficking
Asif Amirali Alibhai Jetha
Businessman Asif Amirali Alibhai Jetha, jailed for 60 years and fined Sh5.1 million for trafficking Nepalese women, has said the sentence is excessive and wants it overturned.
Jetha has appealed in the High Court in Mombasa, asking for the conviction and sentence to be set aside.
In court documents, Jetha faults the Magistrate Court’s decision, claiming that the women he was accused of trafficking came to Kenya “voluntarily” to seek jobs.
“The trial magistrate erred in law and fact in convicting me contrary to the evidence on record which clearly demonstrated that the 12 girls were persons seeking greener pasture and came to Kenya voluntarily, a narrative which did not fit or support the ingredients of the offense of trafficking in persons that I was charged with,” he said in a notice of appeal filed by his advocate Jared Magolo.
He also said the trial court failed to appreciate evidence that he neither owned nor leased any premises or building for the purpose of promoting human trafficking.
He also argues that he did not import, export or publish any material, and did not manage, run or finance any job recruitment agency for the purpose of promoting trafficking.
The businessman, who holds UK and Canadian passports, also faulted the court for associating him with Rangeela Bar, where the victims are alleged to have been employed as dancers.
He noted that there was conflicting evidence relating to the proprietorship of the legal entity that operated the facility.
“The magistrate erred in law and fact in engaging in speculation by connecting my travel’s itinerary to that of the 12 girls. They travelled at different times and entered Kenya on their own. The magistrate completely ignored evidence that some of the 12 girls even came from Uganda,” he lamented.
He also challenges the court’s finding that the money recovered in the premises was proceeds of crime and was in his possession, saying there was no evidence to connect him to the items.
He adds there was no evidence that he interfered with the travel documents of the 12 women by an act of keeping them. He notes that all the 12 women had valid documents, willingly came to Kenya and negotiated their employment terms.
“Most of the 12 girls were Mujra (dancers) and knew what the job entailed well before they travelled to Kenya to take up employment.
They sought to work willingly and lawfully and had been working in Kenya after special passes had been issued to them in 2018,” he said.
Shanzu Senior Resident Magistrate David Odhiambo last year found Jetha guilty of six counts, including trafficking the women for exploitation at Rangeela Bar and Restaurant in Nyali.
The businessman was found guilty of trafficking in persons, promoting human trafficking, interfering with travel documents, being in possession of proceeds of crime, engaging in business without a permit, and unlawfully employing foreign nationals.
The court found that Jetha’s travel history proved that he had engaged in recruiting the women.
Prosecutors had tabled evidence that showed the income from the business went directly into his pockets and that he had set targets for the women.
The state also proved he had housed the women in an apartment in Bamburi, where they would be escorted to and from work.
They had told the court that they would be driven to work by 9pm and entertain guests throughout the night until 5am, when they would be driven back to the apartment.
At the apartments, their use of mobile phones was restricted.
