Dentist loses appeal against husband Yogesh Sapra killing charges

A Nairobi dentist, accused of killing her husband 14 years ago, has lost a bid to quash manslaughter charges against her, after the court dismissed her appeal.

Dr Nishi Sapra, who is on trial over the death of her husband Yogesh Madan Mohan Sapra, had challenged the charges, arguing that she was detained by the police for more than the 14-day period stipulated by law.

She further claimed that bringing the charges against her almost three years after the incident was in contravention of her right to a fair hearing contrary to section 77(1) of the Constitution.

But the three-judge bench of Justices Philip Waki, Roselyn Nambuye and Asike Makhandia said the police justified the delay in arraigning her.

“...in the absence of demonstration that the ongoing trial had greatly been prejudiced by reason of either the death of a witness or loss of memory of a witness may it be for the prosecution or the defence, we do not find the nine days delay complained of as sufficient justification for declining to uphold the public legitimate expectation; that preferably a trial should be held to its logical conclusion to determine the person responsible for the death of the deceased and where found guilty be punished for that death,” the judges ruled. 

INQUEST

Dr Sapra was detained on September 11, 2005 until October 3, a period of 23 days to allow for an inquest to be conducted.

At the time of his death, the millionaire businessman Mr Sapra, had built a Sh700 million estate that included several duty free shops at the Jomo Kenyatta International Airport (JKIA).

He was allegedly attacked by unknown assailants at his home in Lower Kabete on the night of August 20 and 21, 2005 and seriously injured.

He was rushed to Nairobi Hospital where he died on September 8, 2005 as a result of multiple organ failure and blood infection.

It was not, however, until September 11, 2005, when the wife reported both incidents to Spring Valley Police Station. She was later arrested and detained.

After concluding their investigations, the police sent the file to the Attorney General for directions, who recommended an inquest to be conducted.

Milimani magistrate Felix Kombo held the inquest from November 2005 to January 15, 2008 and in a ruling, he recommended that the wife be apprehended and arraigned before the High Court for the murder of her husband.

APPEALS

She was arraigned on February 4, 2008 and denied the offence of murder. Two months later, the AG amended the murder charge to that of manslaughter.

But she later challenged the charges stating that the magistrate acted in excess of his powers by directing she be arrested and charged with murder.

The application was first dismissed by Justice J.B. Ojwang, then a judge of the High Court, but she later complained that detaining her for 23 days was a breach of her constitutional rights.

Justice David Majanja dismissed the petition and the trial began as she proceeded to the Court of Appeal to argue her case.

While opposing the appeal, the prosecution told the Appellate court that she was detained for 23 days pending investigations into the attack and although investigations commenced soon after the incident was reported, the police took time to conclude the probe as the scene had been interfered with.

The prosecution added that this necessitated the involvement of forensic experts who had to collect exhibits, have them tested and analysed at the Government Chemist, before compiling the investigation file and forwarding it to the AG.