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Why Court Plans To Sit At Scene Of Man’s Murder

The High Court will Thursday sit at a beach hotel in Watamu in Kilifi County to hear a case in which a Kenyan woman is charged with killing her husband while on a family vacation at the resort.

Mombasa Judge Dorah Chepkwony issued the directive after Senior Deputy Director of Public Prosecutions Vincent Monda told the court that there is need to produce evidence at the crime scene.

“We have been informed that the villa at Medina Palms Resort at Watamu where the crime was allegedly committed is now available to enable us to produce evidence,” said Mr Monda.

The case involves Ms Amina Shiraz, whom together with an American fugitive, Mr Jacob Schmalzle, were charged with killing Mr Jimmy Jagatram Baburam — Ms Shiraz’s husband — at Medina Palms Resort on July 25, 2015.

Ms Shiraz has denied the offence and was released on a bond of Sh10 million with two sureties.

The court has already issued a warrant of arrest against Mr Schmalzle, to be executed by Interpol, after he escaped to the United States following a tip-off that the DPP had pressed murder charges against him.

The prosecution claims that the two accused killed Mr Baburam by drowning him in a swimming pool after holding a family party at Amani Villa in the resort.

So far, the house helps to work for Mr Baburam’s family who were allegedly present during the incident, the victim’s medical doctor, father, stepmother, brother and Medina Palms security guard have testified.

Previously, the court had to shelve plans to move its sitting to the hotel after it emerged that the villa had already been occupied by a guest.

Out of the 18 witnesses expected to testify in the murder case, the DPP has placed three of them under witness protection for security reasons.

Dr Dan Gikonyo, a cardiologist, had earlier told the court — during cross-examination by defence lawyer Jared Magolo — that it had not been disclosed to him that Mr Baburum died as a result of alcohol abuse.

The cardiologist said they had no information the deceased took drugs

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