• Baburam died under unclear circumstances while on family vacation in Watamu, Kilifi county.
• His wife and an American fugitive have been charged with his murder and attempts to conceal evidence.
A Nairobi-based businessman was already dead by the time he reached hospital in Mombasa, a former Watamu OCS told court on Wednesday.
Jimmy Baburam was on a family vacation at Medina Palms Resort in 2015.
Michael Ndong’a, the current deputy OCPD Voi subcounty, said on that day the doctor on duty at Watamu Nursing Home where Baburam was rushed revealed he was dead when he reached the facility.
Baburam died under unclear circumstances while on family vacation at Amani Villa of Medina Palms Resort in Watamu, Kilifi, on July 26, 2015.
The former Watamu OCS told Malindi chief magistrate Julie Oseko that Amina Shiraz, the deceased's wife, was accompanied by American fugitive Jacob Schmalze, her purported lover, and was grieving at the hospital.
“She was accompanied by a male person, who identified himself as Jacob Schmalze and told me he was a family friend," he said.
Shiraz and the American fugitive are facing murder charges at the High Court in Mombasa.
In Malindi, Shiraz together with Schmalze and sergeant Abdi Shee are facing charges of conspiracy to defeat justice.
Shee reportedly received Sh45,000 through M-Pesa from Shiraz, which was sent in two transactions, to conceal murder evidence.
Ndong'a said upon interrogating Shiraz she revealed that the deceased had a medical condition and suffered from epilepsy .
She told the officer her husband had been on medication since March 21, 2015 and that he collapsed and died.
“She told me he collapsed on the veranda of Amani Villa,” he said.
Ndong’a said they found blood stains and broken bottles on the veranda of Amani Villa when they visited the scene.
Jacob Ngao, a former Malindi DCIO who also testified on Wednesday, denied having fixed a fellow police officer in the conspiracy case.
Ngao told magistrate Oseko that he launched investigations after the family of Baburam logged complaints in Malindi.
Baburam was allegedly murdered by his wife and American fugitive Jacob Schmalze
Ngao said he established that Shee received money through M-Pesa from Shiraz twice.
Daniel Hamisi from Safaricom confirmed there was exchange of money through M-Pesa between Shiraz and Shee.
The Malindi chief magistrate raised an issue with the Director of Public prosecution over delay in bringing witnesses.
She said the case had dragged and wondered how only four witnesses testified in two years.