This archive report was first published on 19 December 2019.
The acquittal of Amina Shiraz, the wife of murdered businessman Jimmy Baburam, in a Mombasa High Court case has been appealed by the Director of Public Prosecution.
On December 11, 2019, the DPP filed a notice of appeal, requesting certified copies of the High Court proceedings to proceed with the appeal.
The DPP is dissatisfied with the ruling rendered by Lady Justice Dora Chepkwony, who acquitted Amina Shiraz under Section 306(1) of the Criminal Procedure Code on December 4, 2019.
According to the DPP's letter, the judge had found that the prosecution had failed to prove a prima facie case against Amina Shiraz, leading to her acquittal.
The case involved the murder of Jimmy Baburam, who was found dead in a swimming pool at Medina Palms Watamu, Kilifi County, on July 26, 2015.
Prosecution witnesses had testified that Amina Shiraz and her lover, Jacob Schmalze, had drowned Jimmy Baburam in the pool, but the judge had raised doubts about the credibility of the witnesses' statements.
The judge had also noted that there was no evidence to show that Amina Shiraz had the mens rea to commit murder.
Shiraz is also accused of conspiring with Police Officer Abdi Shee to conceal murder evidence of Jimmy Baburam.
