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Nisha Sapra vAttorney General & Kuldip Madan Mohan Sapra

(2013) JELR 96607 (CA)

Court of Appeal  •  Civil Application 62 of 2013 (Ur 41/2013)  •  26 Jul 2013  •  Kenya

Coram
John Wycliffe Mwera, Philomena Mbete Mwilu, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. Before us is the applicant’s application dated 15th March, 2013 presented under Sections 3A and 3B of the Appellate Jurisdiction Act and Rule 5(2)(b) of the Court of Appeal Rules, 2010. The substantive relief sought by the applicant in that application is for an order of:

Stay of proceedings in Chief Magistrate’s Criminal case No. 523 of 2008 pending the hearing and determination of applicant’s intended appeal.”

Background

2. The applicant, NISHA SAPRA, was charged with the death of YOGESH MADAN MOHAN SAPRA on the night of 20th and 21st August, 2005 at Lower Kabete in Nairobi. She was charged with the offence of manslaughter in Nairobi Criminal Case number 528 of 2008.

3. By a petition dated 9th May, 2008, the applicant applied to the High Court of Kenya at Nairobi to declare, among other things, that the sustenance and prosecution of Chief Magistrate’s Criminal Case number 528 of 2008 is contrary to the Constitution and is likely to deprive her of her fundamental r…

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