NISHA SAPRA
V.
ATTORNEY GENERAL; KULDIP MADAN MOHAN SAPRA (INTERESTED PARTY)

JUDGMENT OF THE COURT

The appeal arises from the Judgment of D.S. Majanja, J. dated 30^th March, 2012.

The undisputed background to the appeal is that, the appellant was wife to Yogesh Madan Mohan Sapra (deceased), who was allegedly attacked by unknown assailants at his residence at lower Kabete within Nairobi on the night of 20^th and 21^st August, 2005 and seriously injured. He was rushed to Nairobi Hospital where he died on 8^th September, 2005. It was not however until the 11^th September, 2005, that the appellant reported both incidents to Spring Valley Police Station, triggering her arrest and detention in police custody for a period of twenty three (23) days from 11^th September, 2005 to 3^rd October, 2005.

On 27^th September, 2005, Police investigators sent the investigation file to the Hon. Attorney General (AG) for directions. The AG recommended an inquest which was subsequently conducted by the Hon. Mr. Felix Kombo, Resident Magistrate (Magistrate) from November, 2005 to 15^th January,…