Court issues arrest warrant for suspect in American’s murder case

What you need to know:

  • Justice Asenath Ongeri sitting in Mombasa issued the warrant of arrest for Jacob Schmalzle, who together with Amina Shiraz, are alleged to have colluded to murder Jimmy Jagatram Baburam. Ms Shiraz was married to the late Mr Baburam.
  • Ms Shiraz and Mr Schmalzle are alleged to have murdered Mr Baburam at Medina Palms Resort in Watamu, Kilifi County in a suspected complicit love affair.
  • The warrant of arrest followed an application by senior assistant director of public prosecutions Vincent Monda who told the court that Mr Schmalzle is living in Orlando, United States.

A warrant of arrest has been issued against an American man suspected to have a hand in the killing of his lover’s husband.

Justice Asenath Ongeri sitting in Mombasa issued the warrant of arrest for Jacob Schmalzle, who together with Amina Shiraz, are alleged to have colluded to murder Jimmy Jagatram Baburam. Ms Shiraz was married to the late Mr Baburam.

Ms Shiraz and Mr Schmalzle are alleged to have murdered Mr Baburam at Medina Palms Resort in Watamu, Kilifi County in a suspected complicit love affair.

The warrant of arrest followed an application by senior assistant director of public prosecutions Vincent Monda who told the court that Mr Schmalzle is living in Orlando, United States.

“We request the court to issue the warrant of arrest in order to kick off extradition process (of Mr Schmalzle from the US),”said Mr Monda.

He further told the court that without the warrant of arrest, they cannot commence extradition proceedings.

Mr Monda further told Justice Ongeri that the extradition process will not affect the murder trial against Ms Shiraz.

TRIAL MOVED

He further told the court that the prosecution intends to call 15 witnesses to testify against Ms Shiraz.

The trial of Ms Shiraz was moved to Mombasa from Malindi following claims that a judicial officer had been given money to influence the outcome of the case.

Justice Said Chitembwe of Malindi on Tuesday withdrew from hearing the case and directed that it be placed before the High Court in Mombasa.

Justice Chitembwe said he took the decision to have the case transferred to Mombasa after a November 17 agreement between the prosecution and the defence when the case was mentioned in chambers and it emerged that a judicial officer had been compromised.

The Malindi resident judge said he was not comfortable handling the case following the allegations.

He also transferred Ms Shiraz petition that stopped her from pleading to charges preferred by the Director of Public Prosecutions before Malindi magistrate’s court.

Ms Shiraz claimed that the DPP maliciously charged her with conspiracy to defeat justice while proceeding with the murder trial at the High Court.

According to her application, the DPP’s decision was an abuse of the court process and criminal justice system.

During the inquest into Mr Baburam’s mysterious death in Watamu, Ms Shiraz presented medical reports claiming he was sickly before his death.

The DPP also recommended that the American records a statement on whether he was aware of the couple’s marital problems and if he knew Mr Baburam suffered from renal disease.

Ms Shiraz who was dressed in a black Buibui on Thursday sat calmly at the dock as the proceedings were going on. She is out on a Sh10 million bond with two sureties.

Through her lawyer Gicharu Kimani, Ms Shiraz asked the prosecution to supply her with some of the documents which they (prosecution) have not to prepare her defence.

The case has been fixed for hearing on April 19 and 20 next year.