Appeals court gives greenlight for manslaughter trial against dentist
The Court of Appeal has given the green light for the on-going trial of renowned Nairobi dentist Nisha Sapra over the killing of her wealthy husband 14 years ago.
The three-judge bench ruled that the manslaughter case against Sapra must be held to its logical conclusion to determine whether she was responsible for the death of Yogesh Sapra and be punished if found guilty.
Justices Philip Waki, Roselyn Nambuye and Asike-Makhandia upheld the dismissal of her constitutional petition by High Court judge David Majanja on March 30, 2012.
She had protested alleged violation of her rights and freedoms for being detained in police custody for 23 days and the unreasonable delay in conducting the trial.
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.
The mother of three children, who has relocated to Canada, was initially charged with her late husband’s murder, but the State entered a writ of nolle prosequi (non-prosecution) and substituted it with manslaughter.
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.