BY SAM ALFAN.
A prime suspect in the alleged killing of a Belgium national Dysseleer Mireille Losaipa alias wa Samburu will undergo a mental assessment before pleading to murder charge.
Justice Daniel Ogembo ordered the suspect, Lucy Waithera Njuguna, be taken to Mathare Mental hospital to confirm whether she is fit to stand trial.
The prosecution also asked the court for the suspect to be detained at Lang’ata women prison pending mental assessment, a move vehemently opposed by Waithera through her lawyer Cliff Ombeta.
The lawyer told the court that she has been in custody for the last 27 days, which was enough for prosecution to conduct the assessment before preferring the charge against her.
He opposed to have Waithera handed over to Prison authorities claiming that they will cause further delay in the exercise of mental assessment due to their administrative procedures.
The Directorate of Criminal Investigation (DCI) had applied to have her detained so that the police could complete investigations into the missing Belgium businesswoman.
Then, the police told Naivasha High court that Waitheira was a key suspect involved in the disappearance of Dysseleer early last year.
The application filed by investigating officer attached to DCI homicide division Oliver Nabonwe claims that Waitheira was arrested on February 1, 2020 at her Milimani residence in Nakuru.
She had in her possession Dysseleer’s assorted bank cards and copy of death certificate No. 1600281 and they suspected she was involved in her disappearance.
The woman was also in possession of Dysseleer’s original passport with immigration stamps. The passport indicated that Dysseleer 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.
“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,” the application read.
Dysseleer was residing in Nakuru before his disappearance in early 2019 at her residence at Blankets estate of Mwariki area, Nakuru East Sub-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.
Preliminary investigations from the immigration department have so far established that neither Dysseleer nor Waithera traveled to India as alleged.
Detective Nabonwe 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.
Further, Nabonwe informed the court that following the disappearance of the Dysseleer, Waithera produced the missing Belgium national 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.
“Waithera furnished the missing person’s advocate with a death certificate indicating that the missing person passed on at M.P Shah hospital on July 15,2019and subsequentlty a succession cause no. 40, 2019 filed at Nakuru High court. The document was later found to have been forged,’ says the detective.
The court was informed that the death certificate was used to file the succession case in respect to the missing Dysseleer’s estate where Waithera is one of the beneficiaries.
The investigating officer say that the said death certificate has since been confirmed to be an authentic by the state department of civil registration services. He added that equally the M.P Shah hospital through its medical director has attested that the missing Dysseleer was neither treated nor passed on at their facility as alleged by the suspect.
At the same time the Director of Criminal Investigation George Kinoti has stopped a Nakuru High Court from issuing orders in respect to the estate of the missing Dysseleer.
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 Dyseleer.
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.
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.
