BY SAM ALFAN.
Director of Criminal Investigation George Kinoti has stopped a Nakuru High Court from issuing orders in favour of a prime suspect being investigated of missing Kenya citizen of Belgium origin believed to be dead.
According to documents filed in court seeking two weeks to continue holding the suspect Lucy Waithera Njuguna who was arrested on Saturday in Nakuru county, the DCI has stopped the Nakuru court to issue any order in respect to the estate of the missing Dysseleer Mireille losaipa alias wa Samburu.
This is after Waithera had filed before Nakuru High Court succession civil case No. 40 of 2019 which DCI has stopped any orders to be issued until investigations are done and concluded to establish the whereabouts of the missing Dysseleer.
According to the affidavit, the suspect was arrested on Saturday February 1 at her Milimani residence in Nakuru with Dysseleer’s assorted bank cards and copy of death certificate No. 1600281.
But Waithera’s lawyer Cliff Ombetta said the investigating officer was not sincere and all the assertions in the affidavit are all allegations.
“She has been in custody incommunicado They don’t need her in visiting all those places they want to visit.She does not work at Jomo Kenyatta International Airport, Immigration, phone companies, Indian government,”says Ombeta
Ombetta added that the witnesses are not mentioned so she cannot interfere with them and she has not tried to abscond or mess with investigations.
She was also in possession of Dysseleer’s original passport with immigration stamps indicating that the he had traveled to India on December 12,2018 and came to Kenya on June 30,2019. Waithera alleged that she had visited the missing Dysseleer at Janaupuri Bhagat hospital where Dysseleer had been admitted since December 2018.
Preliminary investigation from the immigration department have so far established that neither Dysseleer or Waithera traveled to India from as alleged .
Detective told the court the suspect from the onset of investigations has been changing her assertions day by day and at one time alleging that Dysseleer died in a hospital in India and cremated at Kariokor crematorium.
“All these allegations have been disapproved as it has since been established that the missing person ( Dysseleer) didn’t leave the country as alleged. Kariokor and Langata crematorium have equally no records of ever cremating the missing Dysseleer”, the officer told the court.
According investigating officer attached to DCI homicide division Oliver Nabonwe, Waithera furnished the missing person’s advocate practicing under the name of Hari Gakinya & CO. advocates with a death certificate No. 1600281 showing that Dysseleer died on July 15,2019 at M.P Shah hospital in Nairobi.
The death certificate was used to file a succession case No. 40/2019 at Nakukuru high court in respect of Dysseleer’s estate where Waithera is one of the beneficiaries.
The death certificate has been confirmed to be fake by the state department of civil registration services and M.P Shah through medical director has attested that Dysseleer was neither treated nor passed on their facility.
Court rule on whether to detain Lucy Waithera Njuguna to allow detectives conduct investigation over a missing Kenya citizen of Belgium origin believed to be dead.
Nabonwe, Waithera is being investigated over the missing of Dysseleer Mireille losaipa alias wa Samburu who according to the investigating officer believe to be dead as enshrined under section 386(1)(d) of the criminal procedure code.
Dysseleer was domiciled in Nakuru before his disappearance in early 2019 at her residence at Blankets estate of Mwariki area in Nakuru East Sub-county in Nakuru County.
“In the Month of March 2019, immediately after Dysseleer’s disappearance Waithera and her accomplices who are still at large leased the missing person’s residence to Avipro East Africa and started earning rental proceeds”, said Nabonwe.