American wanted in murder probe

Police are looking for an American man suspected of conspiring with a Kenyan woman to kill her husband when they were all on holiday in Watamu, Kilifi County, last year.

The woman has been arrested and will be charged with murder.

On Tuesday, detectives told the Malindi High Court that the American in the love triangle went on the run on learning that police had fresh clues linking him to the death of the Nairobi businessman.

Mr Jacob Schmalzle is suspected to have drowned his friend Jimmy Jagatram Baburam, in a swimming pool at Medina Palms Resort in Watamu on July 26, 2015 .

The American vanished from his Nairobi home after detectives found fresh evidence linking him to the murder and arrested his suspected accomplish, Ms Amina Shiraz — Mr Baburam’s widow.

Police investigations had established that the two, said to have been in a secret relationship, conspired to murder Mr Baburam while the family was vacationing at the resort.

Yesterday, the High Court was told Director of Public Prosecutions Keriako Tobiko had directed that the two be charged with murder. The new development means that an inquest before Malindi Chief Magistrate Charles Mbogo’s court to inquire into Mr Baburam’s death will be closed.
Detectives arrested Ms Shiraz on Sunday evening at the Moi International Airport, Mombasa. They had earlier on searched her Nairobi home where she lives with the American.
Yesterday, Ms Shiraz appeared before Malindi Resident Judge Said Chitembwe to answer charges of murder. She was represented by lawyer Gicheru Kimani.
Senior Assistant Director of Public Prosecutions Vincent Monda, however, urged the court to first allow the suspect to go for mental assessment before she can stand trial. Mr Monda told the judge that the DPP had directed that Ms Shiraz be charged with murder.
Justice Chitembwe directed that she be taken for the test and remanded at the Malindi Police Station before taking a murder plea on Thursday.
Detectives have begun the process of securing a warrant of arrest that will enable Interpol to arrest the American fugitive.

OPENED INQUEST

On April 18, Chief Magistrate Mbogo opened the inquest into the death of Mr Baburam after certifying that there was need to address some disturbing issues arising from the investigations.

According to police reports, the crime was committed on July 26, 2015 at Medina Palms Hotel when Baburam and his family — including house helps — were on a short holiday at Watamu, where they were later joined by Mr Schmalzle.

Police investigations sought to establish how Mr Baburam’s death occurred after a family dinner and a drinking spree in the company of his wife and Mr Schmalzle.

On April 22 this year, the court summoned four people to shed light on the death.

Those summoned were the former investigation officer Sergeant Abdi Sheikh, former Medina Palms Hotel manager Ashraf Kassim, Mr Baburam’s wife Amina and Mr Schmalzle.

A Medina Palms security guard, Emmanuel Wafula, who reportedly assisted in the retrieval of Mr Baburam’s body from the pool, was also summoned by the court.

According to police investigations, Mr Schmalzle’s shirt had blood stains on the day Mr Baburam died, raising suspicion that there might have been a fight that night.

Sergeant Sheikh, the former investigation officer, was also summoned to give evidence, after investigators claimed he had been compromised by the widow.

The hearing did not take place because witnesses made frequent applications barring the process, until last month, when the DPP requested a police file to have a look at the evidence.