Brothers, sister-in-law court battle over slain husband’s Sh700m estate intensifies
The protracted court battle between two brothers and their sister-in-law over the inheritance of an estate valued at Sh700 million has taken a fresh twist after the brothers were charged with attempting to acquire the estate unlawfully.
The vast estate in dispute includes half an hectare of land in Lower Kabete, a house in Lower Kabete, a house in Brookside Gardens and an apartment in Nyali Estate, Mombasa.
Also in dispute are shares at Kenya Airways Limited, Mt Kenya Sundries Retail Shop at Hilton Hotel in Nairobi, Maya Duty Free Shops at Jomo Kenyatta International Airport, Sapra Investment Limited and Green Gems Limited.
The accused, Mr Kuldip Madan Sapra and Ashman Madan Sapra, claim that they are the lawful benefactors since their sister-in-law, Dr Nisha Rajendhra Kumar Pruthi, who is a dentist, is facing charges of killing her husband 12 years ago.
On Monday, defence lawyers Harun Ndubi and Kwame Nkurumah urged chief magistrate Francis Andayi to dismiss the case since the prosecution commenced against Kuldip and Ashman has been instigated maliciously by the Director of Public Prosecutions (DPP) to defeat the succession case pending before Justice Aggrey Muchelule in which Dr Nisha Sapra has failed to respond to.
“For the last five years Dr Sapra, has not responded to the succession case where Madan and another have been given a limited grant to administer all the estate they jointly own with their late brother. Each owns a third,” Mr Nkurumah submitted before the court.
LAW OF SUCCESSION
The defence lawyers also argues that under the law of succession any one who is facing a murder or a manslaughter case cannot be allowed in law to inherit the estate of the person he or she is accused of killing.
“The complainant herein, Dr Sapra is facing a charge of killing her late husband Yogesh in August 2005. She therefore cannot be a genuine complaint in light of Section 160 of the Succession Act which bars any one facing a case of murder or manslaughter to inherit the estate of the deceased,” Mr Nkurumah submitted.
Mr Andayi heard that an inquest court established that Dr Sapra killed her husband at their Lower Kabete Estate, Nairobi and it was recommended she be charged with murder after an inquest conducted by a former magistrate Mr Timothy Okello.
She was charged with murder at the High Court before Justice (rtd) Muga Apondi but the charge was later reduced to manslaughter. Her case is awaiting determination in April 2018 and she is out on bond.
The court was also told that the investigating officer in the case has always been attending the succession case before Justice Muchelule to testify but has not filed any affidavits.
State prosecutor Solomon Naulikha and Dr Sapra’s lawyer Justus Areba will respond to the case January 22, 2018.