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Jimmy Paluram Jagatrum Baburam, a weapons expert who supplied the Kenya Defence Forces with ammunition and related hardware, was found dead in a swimming pool at the luxurious Medina Palms Resort in Watamu on July 26, 2015.
He was a sick man. Aside from chronic kidney disease, Mr Baburam had cerebral oedema — an accumulation of fluid in spaces inside and outside the brain cells.
The former KDF supplier was due to return to South Africa for further treatment when he was found dead.
A post-mortem report showed that he died as a result of drowning and chronic kidney disease.
Mr Baburam and his family were on vacation when death struck. But his demise took a sharp twist one year later when his wife Amina Shiraz Yakub was charged with the death of her husband.
Just five days to the first anniversary of his death, Mr Baburam’s father — David Baburam Jagatram — filed a case at the Milimani High Court seeking to delay appointment of administrators and distribution of wealth.
The senior Baburam is a retired KDF officer.
Jimmy’s Will listed his wife and father as administrators. While the couple had two children, they had also adopted a third child. At the time of his death, the lastborn was in kindergarten.
Things, however, took a fresh twist three months later when Ms Yakub was charged with the murder alongside an American citizen identified as Jacob Schmalzle and Sergeant Abdi Sheikh — a Watamu-based police officer who was accused of concealing evidence to botch the murder investigation.
Ms Yakub and Sergeant Sheikh have also been separately charged with conspiracy to defeat justice, with prosecutors arguing that the police officer received a bribe to disrupt the murder probe.
Ms Yakub is out on a bond of Sh10 million but was also ordered to get two sureties of the same amount. She also has to report to Gigiri Police Station’s commanding officer once every week until the trial is complete.
The Office of the Director of Public Prosecutions had opposed Ms Yakub’s release, arguing that her frequent travel outside Kenya made her a flight risk and that she had a pending application for US citizenship.
Ms Yakub, however, held that she has never been charged with any other offence and that she attended all inquest sessions before the trial.
A petition she filed seeking to quash the murder and conspiracy charges was dismissed last July when Justice Weldon Korir ruled that there was no sign of malice by the DPP’s office in charging her with both crimes separately.
Mr Schmalzle is now a fugitive wanted by Interpol as he was charged in absentia.
The court case followed an inquest into Jimmy Baburam’s death, which was attended by both Ms Yakub and Mr Schmalzle.
Mr Jimmy Baburam was a wealthy man, but the full extent of his assets is yet to be publicly disclosed. Sh60 million that Jimmy Baburam had in cash is now part of a bitter succession feud between his father and the widow.
Last Friday, Justices Erastus Githinji, Fatuma Sichale and James Otieno-Odek refused to suspend a High Court ruling, which delayed distribution of Mr Baburam’s assets until Ms Yakub’s criminal case has been determined.
“In making the order for a third administrator, the (High Court) judge exercised her discretion in determining the best interest for the estate taking into account the existing murder charge against the applicant, the alleged bad blood between the joint administrators and their filial relationship. This court has oftentimes stated it will not interfere with the exercise of discretion by a trial court,” the appellate court judges ruled.
The ruling followed Ms Yakub’s application to allow distribution of her husband’s estate. Her father-in-law maintains that sharing should only be done after determination of the criminal case.
The ruling means the money can be deposited with an asset management firm even as Ms Yakub’s appeal and criminal trial proceed.
Last year, Senior Baburam asked the High Court to suspend execution of administration authority given to both him and Ms Yakub until the murder case is concluded.
The old man also wants the child adopted by his son and daughter-in-law excluded from the Will. He argues that the adopted child’s parents are both alive.
But Ms Yakub argued that she is innocent until proven guilty, and that she will have to relinquish all assets in her husband’s estate in the event that she is convicted. She added that her husband cared for the adopted child, paid her fees and was included in a life insurance policy.
In October last year, High Court Judge Abida Ali Aroni ruled that it would be best for a third party to manage Mr Baburam’s estate pending the determination of Ms Yakub’s murder charge.
“Justice of the case militates towards a stay of confirmation and distribution pending hearing and determination of the criminal case currently facing the widow, with liberty for the children to apply as dependants,” Justice Aroni ruled.
Ms Yakub then appealed the decision, which Justices Githinji, Sichale and Otieno-Odek dismissed.
Ms Yakub is a psychologist, but is more popular for her dog grooming skills.
She runs Very Impawtant Pets (VIP), a company based in the leafy Kitusuru suburb that focuses on grooming dogs.
Ms Yakub’s firm launched Kenya’s first dog fashion show at the Karen Community Expo in November 2014. Incidentally, Mr Schmalzle was one of the judges at the inaugural dog fashion show and owns a popular dog food brand.
His Dr Bones Dog food sells its products to dog owners.
The dog food company’s listed phone number was however “out of service” when the Nation attempted to dial it. Identification application True Caller lists the number as Mr Schmalzle’s.
During Ms Yakub’s trial, it was revealed that Mr Schmalzle was also at the Medina Palms Resort in Watamu on the night that Mr Baburam died.
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