Mombasa Judge Dorah Chepkwony decided to hear a case at Medina Palms Resort in Kilifi County after Senior Deputy Director of Public Prosecution Vincent Monda convinced the court that there was a need to produce evidence at the crime scene.
Speaking to Kenyans.co.ke, he explained that the reason for the hearing to be on location was to enable the eyewitness, who is now under state protection, to demonstrate to the court where he was standing on that fateful night and if he was indeed able to see what transpired.
“We have been informed that the villa where the crime was allegedly committed is now available to enable us to produce the evidence,” stated Vincent
Tycoon Jimmy Baburam flew from Nairobi to Watamu in July 2015 for a vacation with his wife Amina Shiraz and their three children. The family booked into the five-star resort in Kilifi where they were joined a day later by two family nannies.
Days later, on 26th July, Jimmy’s wife found his dead body in the pool.
Amina was accused of killing her husband at the hotel on 26th July 2015. Her accomplice Jacob Schmalzle fled to the US after a tip-off about his impending arrest.
Jimmy’s family alleged that Shiraz conspired with her American lover to drown the tycoon with intentions to control his vast estate.
The deceased’s father David Baburam, revealed that he left behind a Ksh50 million life insurance policy, businesses in Dubai and Nairobi and a vast estate worth over Ksh500 million.
An autopsy tabled before a Mombasa court on the death of the Nairobi businessman revealed he was a drug addict.
Represented by lawyer Ahmednassir Abdullahi, the two reports from two hospitals in Kenya and South Africa revealed the deceased was intoxicated with alcohol and cocaine.
The trial had been moved to Mombasa from Malindi following claims that a judicial officer had been bribed to influence the outcome of the case.
Justice Juma Chitembwe said he made the decision after an agreement between the prosecution and the defence when the case was mentioned in chambers and it emerged that a judicial officer had been compromised.
