Court quashes Sh700m case against 2 brothers

A court has quashed a Sh700 million criminal case against two brothers accused of attempting to defraud the estate of their dead brother saying there is a pending succession dispute at the high court over the same.

While rejecting the case against Mr Kuldip Sapra and Ashman Sapra, Milimani Chief Magistrate Francis Andayi said he cannot conduct a parallel trial over the estate of the late Yogesh Sapra when the same case is being handled by Mr Justice Aggrey Muchelule, of the Family Division of the High Court.

Mr Andayi faulted the Director of Public Prosecutions office and the Police for commencing the fraud case against the two brothers based on a complaint filed by their sister-in-law Dr Nisha Sapra who had has failed to respond to the pending high court succession cause.

He said Justice Muchelule has since issued a temporary grant to Kuldip and Ashman to administer the estate of their late brother Yogesh Sapra who was allegedly killed by his wife Dr Nisha Sapra, a Dentist in 2008.

Dr Sapra has been charged over the killing of her husband and the case is  scheduled to be heard in August 27, 2018.

Allowing an objection raised by the two brothers against their trial , the magistrate said the criminal case filed was filed for extraneous purposes, not intended to achieve any justice for the estate of the deceased.

Kuldip and Ashman had told the magistrate that Section 68 of the Succcession Act does not allow any murder suspect to inherit the estate of the person he or she is accused of killing.

“ The law bars Dr Sapra from inheriting the estate of her late husband whom she is facing trial for killing when it is finally determined by a competent court,” Mr Andayi noted.

Mr Andayi said the case was maliciously filed against Kuldip and Ashman by Dr Sapra who has failed to file evidence in the pending succcession cause.

He said the criminal case was geared to circumvent the high court where she has filed an objection and defeat justice since the three children of Dr Sapra have written to both the High Court and Magistrate’s court saying  they “ have no issue with their two Uncles (kuldip and Ashman) administering the estate of their late father -Yogesh.”

Mr Andayi said the family court just like the criminal court has inherent powers to nullify any writs irregularly issued if so proven.

“ The high court handling the succession case is clothed with inherent powers to revoke any letters of grant issued to Kuldip and his brother Ashman if it is established that unorthodox means were used to acquire them,” ruled Mr Andayi.

Mr Andayi said Dr Sapra rushed to the police to file a complaint instead of filing evidence before Justice Muchelule.

He said the Investigating officer, Mr Festo Wamwayi had admitted before him when cross-examined by lawyer Aron Ndubi that investigations into the allegations of Dr Sapra that his brothers in law were out plunder the multi-million estate of her late husband.

Kuldip and Ashman had been accused of attempting to aqcuire from Dr Sapra, the beneficiary of the Estate of her late husband Yogesh , half an hectare of land parcel at Lower Kabete Nairobi, a house in Lower Kabete, a house in Brookside Gardens, an apartment in Nyali Estate in Mombasa, shares at the  Kenya Airways Limited,Mt Kenya Sundries Retail Shop at Hilton Hotel in Nairobi, Maya Duty Free Shops at JKIA, Sapra Investment Limited and Green Gems Limited all valued at Ksh 700 million by falsely pretending that they were the bona fide administrators of the estate of their late brother Yogesh.

They were freed and the cash bail they had deposited in court will be returned to them.