There was a dramatic scene at the Milimani High Court on Tuesday, November 4, 2025, when lawyer Ndegwa Njiru presented his client, Ashwin Shah, for a show cause hearing in an ambulance right outside the court premises.
Justice Njoki Mwangi, who is presiding over the case, expressed shock at the spectacle and asked why the plaintiff had been brought in an ambulance before her court without warning.
“Why was I not told that the plaintiff would be brought in an ambulance? Is this not drama you are causing?” the visibly surprised judge asked lawyer Njiru.
The court heard that Mr. Shah was within the court premises but unable to enter the courtroom because of his health condition. His lawyer explained that his client’s immobility made it necessary to transport him by ambulance.
However, Justice Mwangi was unconvinced, saying the court had not been informed in advance that Shah would attend the proceedings in that condition.
“My lady, when we appeared before you yesterday (Monday, November 3, 2025), I attempted to address you on the immobility of the plaintiff, but then I was muted by the court. In the morning, when I appeared and requested for this time, I again indicated to the court we shall bring the plaintiff in the condition in which he is,” Njiru told the court in defense.
Still, Justice Mwangi maintained that the lawyer had failed to make the plaintiff’s condition clear earlier.
Court Questions Plaintiff’s Absence and Timing
Justice Mwangi reminded the court that she had, on October 4, 2024, issued an order requiring the plaintiff and an auctioneer to appear for a notice to show cause. A year later, in October 2025, she reaffirmed that she would not give the plaintiff any further audience until he appeared before the court in person.
“The ruling in which I made orders that the plaintiff and the auctioneer were to attend court for notice to show cause was delivered on October 4, 2024,” the judge stated.
She noted that since that ruling, the plaintiff had deliberately avoided attending court proceedings and only appeared after a warrant of arrest was issued against him.
“It must not be forgotten that on October 14, 2025, I was categorical that I will give no further audience to the plaintiff until he either surrenders in court in answer to the notice to show cause as to why he should not be punished for contempt, or he is brought to court under the warrants of arrest issued,” Justice Mwangi said.
She further recalled that on October 3, 2025, she declined to lift or set aside the arrest warrant issued against Shah on November 22, 2024.
Judge Casts Doubt on Plaintiff’s Illness Claim
The court observed that since Shah had been brought to court in an ambulance, he was not in a position to respond to the show-cause notice. However, the judge raised questions over the credibility of his alleged illness, given that he had actively participated in filing court documents.
“It has been purported time and again that the plaintiff is sick and allegedly suffering from dementia, but he has numerous times filed applications and supportive affidavits which clearly indicate that he does not suffer from dementia; otherwise, how would a man suffering from dementia give instructions to his advocates to file documents and even swear affidavits to support them?” the judge asked.
Justice Mwangi wondered how a person who reportedly suffered from dementia was nevertheless still able to give instructions and sign affidavits. The contradiction, she noted, threw doubt on the veracity of the medical claims being used in an attempt to delay court proceedings.
Court Orders Police to Produce Plaintiff Once He Recovers
In her ruling, Justice Mwangi ordered officers from Parklands Police Station to ensure that Shah appears in court once he recovers.
“Since notice to show cause cannot be done on a litigant who is in an ambulance, the police from Parklands Police Station will produce him in court on any working day from Monday to Friday, 9am to 5pm, after the plaintiff, Ashwin Shah, recovers from whatever ailment he is suffering from. Those are the orders of the court,” she directed.
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