High-profile murder case moved to Mombasa as judge opts out over bribery claims

A case against a woman suspected of colluding with her American lover to kill her husband has been transferred from Malindi to Mombasa over bribery claims.

Justice Said Chitembwe, sitting in Malindi, recused himself from hearing the case against Amina Shiraz and American Jacob Schmalzle, who is on the run.

The judge has directed that the case be heard before the High Court in Mombasa.

In removing himself from the case, Justice Chitembwe said his decision was based on a November 17 agreement between the prosecution and defence when the case was mentioned in the chambers.

During the mention, it emerged that one of the judicial officers received a bribe to compromise the case, prompting prosecutors and the defence to decide on whether the case should be transferred to Mombasa.

Ms Shiraz and Mr Schmalzle are accused of killing Jimmy Jagatram Baburam at Medina Palms Resort in Watamu.

SH10 MILLION BOND

Ms Shiraz, who was released on a Sh10 million bond with two sureties, is said to have colluded with the American fugitive to kill her husband on July 26 last year in a suspected love triangle.

On Wednesday, Senior Assistant Director of Public Prosecutions Vincent Monda told the court they had agreed that the case be transferred to Mombasa.

Justice Chitembwe also transferred Ms Shiraz's petition that prevented her from pleading to criminal charges preferred by the DPP in a Malindi magistrate’s court.

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

Ms Shiraz's application also said that the DPP's move to charge her was an abuse of the court process and the criminal justice system.

CONSPIRACY TO DEFEAT JUSTICE

According to a letter served by DPP Keriako Tobiko dated September this year, the DPP directed that Ms Shiraz and Mr Schmalzle be charged with conspiracy to defeat justice.

He further recommended that the medical doctor who attended to Mr Baburam at a hospital in Nairobi record statement

Mr Tobiko, who also recommended that the inquest in a Malindi court be withdrawn, said that other than murder, there is enough evidence to jointly charge the two accused with conspiracy to defeat justice.

During the inquest into Mr Baburam’s mysterious death in Watamu, Ms Shiraz presented her husband's medical reports claiming that he was sickly even before meeting his death at the resort.

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

AMERICAN FUGITIVE

Mr Schmalzle is still on the run and detectives suspect he might have flown back to United States.

During the mention of the case on November 17, claims were made to the effect that Ms Shiraz’s father had given a court clerk a bribe of Sh250,000 to reportedly hasten the process of securing freedom for his daughter, who had been released on bond.

The complaint was brought to the table in the chambers by prosecutors, prompting a discussion between them and the defence on whether the matter should be moved to Mombasa for the sake of justice.

Justice Chitembwe, however, said he was not comfortable proceeding with the case following the allegations and directed the two sides to agree on transferring the case to Mombasa for trial.

On Tuesday, Mr Monda told the court that the defence and the prosecution had agreed that the case be transferred to Mombasa for trial.