Malindi magistrate issues second warrant of arrest for American

Malindi Chief Magistrate Julie Oseko issued the warrant for Jacob Schmalzle on Thursday.

A magistrate has issued a second warrant of arrest for an American over the killing of his lover’s husband in Watamu, Kilifi.

It is to be executed by the International Criminal Police Organization after Mr Schmalzle failed to appear in court to answer new charges on conspiracy to defeat justice.

On December 8, the Mombasa High Court had issued a warrant against the American, who is said to have escaped to the United States after a tip-off that the prosecution had pressed murder charges against him.

Mr Schmalzle is accused of colluding with Amina Shiraz to murder her husband Jimmy Jagatram Baburam at the Medina Palms resort in Watamu in a suspected complicit love affair. Mr Baburam was on vacation with his family.

Ms Shiraz appeared in court on Thursday to face charges of conspiracy to defeat justice. She has been charged with Mr Schmalzle and former police investigation officer Sheik Abdi, who was also absent in court.

The court heard the trio had interfered with the execution of the criminal legal process “involving the circumstance of Mr Baburam’s death at Amani Villa in Medina Palms hotel, between July 26 and September 28, 2015”.


Together with the American, Ms Shiraz was also charged with bribing Mr Abdi with Sh25,000 and Sh20,000 to conceal murder evidence on July 26 and September 28, 2015 at Amani Villa.

According to the charge sheet, Mr Abdi, who is the former investigation officer for Watamu Police Station, has also been charged with receiving a bribe of Sh25,000 and Sh20,000 to compromise investigation and evidence of the case.

Vincent Monda, Senior Assistant Director of Public Prosecutions, urged the court to mention the case after three weeks in order for the office to serve summons to Mr Abdi through the Malindi Divisional Criminal Investigation Officer since Mr Abdi was away for police training.

Mr Monda asked the court to deny the accused bond based on the seriousness of the offence.

But defence lawyer Gicheru Kimani opposed the prosecution’s demand, saying the accused has been complying with High Court order in Mombasa where she is facing murder trial and later released on Sh10 million bond.

“The accused has deposited all her passports before the trial court and even gave a bond of Sh200,000 house in Westland(s) as her surety during her release on bond,” he said.

Chief Magistrate Julie Oseko directed Ms Shiraz be released on a bond of Sh200,000 with a surety of similar amount until the mention of the case on March 23.

She summoned Mr Abdi to appear in court to take plea to three charges of conspiracy to defeat justice.

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