•The magistrate said she came up with the decision after going through all the submissions and issues raised by the prosecution.
A Malindi court has found a police officer charged with conspiracy to defeat justice alongside the wife of the late Nairobi businessman Jimmy Baburam with a case to answer.
Malindi Chief Magistrate Julie Oseko in her ruling delivered on Friday said the prosecution had proved beyond a reasonable doubt that the two accused person Sgt Abdi Shee and Amina Shiraz had committed the offence.
The magistrate said she came up with the decision after going through all the submissions and issues raised by the prosecution.
''I am satisfied that the prosecution has established a prima facie case, you have a case to answer,'' she said.
Immediately after the ruling the defence lawyer Kimani Gicheru explained to the accused person on the consequences of having a case to answer.
Gicheru told them they can decide to keep quiet and leave the court to make its judgment, bring witnesses and defend themselves or take an oath to be on their defence at the dock.
He, however, requested the court to set a mention date so that they can deliberate on the option to make.
The set the case for mention on December 9 2019.Shee formerly of Watamu police station and Shiraz the deceased's wife allegedly conspired to conceal evidence of the murder of Baburam.
Shee reportedly received Money through Mpesa from Shiraz amounting to Sh. 45,000 which was sent in two different transactions to conceal murder evidence.
Shiraz alongside American fugitive Jacob Schmalze who is on the run is also facing murder case at the Mombasa high court and shall know their fate on December 3.
In their submissions, Shee and Shiraz had asked the court to dismiss the case claiming the prosecution failed to prove beyond a reasonable doubt that the suspects conspired to defeat justice.
However, the Director of Public Prosecution Counsel Alice Mathangani told the court to put the suspects on their defence as they had proved beyond a reasonable doubt that they conspired to defeat justice.
Baburam died under unclear circumstances while on a family vacation at Amani Villa of Medina Palms Resort on July 26 2015.