A case where two people are accused of murdering Nakuru-based Belgian tycoon Dysseleer Mirielle Lesoipa on Wednesday, November 10, took a dramatic twist after a city lawyer claimed to have received a call from the woman who was declared dead two years ago.
Defence counsel Brian Khaemba left a Nairobi court in shock after he revealed that he had received a whatsapp call from Lesoipa. The lawyer is acting for Lucy Waithera - one of the two accused persons in the murder case.
Justice Daniel Ogembo heard that the subject of the murder case, whose body is yet to be found, had made contact and stated that she was alive.
"The alleged deceased person made contact with me on April 29, this year... Her voice was very faint. I tried to make a voice call but it could not go through," Khaemba submitted.
The lawyer called upon the Directorate of Criminal Investigations (DCI) to investigate the number that had contacted him, alleging that he had received another call today (Wednesday) at 6am.
The advocate went on to tell the court that Miriella had intimated to him that the two suspects were innocent and should be released.
Miriella's body was never found but police believe that she was cremated.
"I tried to convince her to show up and set the record straight but unfortunately her phone went off since then (April) until yesterday (Tuesday) when she sent me a WhatsApp text message at 6.48am, still insisting that she is alive and that my client is innocent,"Khaemba stated.
"We therefore request that the trial herein be stayed and the Director of Criminal Investigations (DCI) be directed to trace the said Lesoipa Mireille to record straight," Khaemba asked the court.
Upon listening to the lawyer, the prosecution stated that the information was not verified and was just a ploy by the defence to delay the matter.
In addition, the prosecution highlighted that the number used to contact the lawyer, was not registered under the name of the deceased.
In his ruling, justice Ogembo directed Khaemba to present the information to investigating agencies who will file a report in court to verify his claims.
"In the meantime, the case will proceed and when the report is filed the court will make appropriate directions," ruled the judge.
The wealthy Belgian went missing in late 2018. Police believe she was murdered between then and July 2019 by individuals who wanted to inherit her property.
In the case, lawyer John Gakinya and Lucy Waithera denied murdering the deceased.
