This archive report was first published on 28 October 2019.
Published on October 28, 2019
Nisha Sapra, a renowned Nairobi dentist, is set to face trial for the killing of her wealthy husband, Yogesh Sapra, 14 years ago. The Court of Appeal has given the green light for the ongoing trial, ruling that the case must be held to its logical conclusion to determine whether Sapra was responsible for her husband's death and be punished if found guilty.
The three-judge bench, comprising Justices Philip Waki, Roselyn Nambuye, and Asike-Makhandia, upheld the dismissal of Sapra's constitutional petition by High Court judge David Majanja on March 30, 2012. Sapra had protested alleged violation of her rights and freedoms, claiming she was detained in police custody for 23 days and the unreasonable delay in conducting the trial.
However, the appellate bench concurred with Justice Majanja that Dr. Sapra has been the subject of running judicial proceedings since she was first charged with murder on February 4, 2008, and has never been deprived of her presumption of innocence. The High Court had suspended the criminal trial since June 11, 2008, to enable her to present her grievances, the court pointed out.
Initially charged with her late husband's murder, Sapra was later substituted with manslaughter after the State entered a writ of nolle prosequi (non-prosecution). She is accused of unintentionally killing Yogesh Madan Mohan Sapra, a director of Maya Duty Free chain, at their Spring Valley residence on August 21, 2005.
Nairobi Chief Magistrate Roselyne Oganyo is handling the manslaughter case.
