Lawyer Brian Khaemba tells the court that the deceased woman in a murder case is alive. Photo
A Nairobi court was on Wednesday told that a Belgian woman whose murder trial is ongoing is alive.
Lawyer Brian Khaemba shocked litigants when he claimed that the Belgian woman, whom his client has been accused of killing, contacted him and confirmed that she was alive.
Khaemba is representing Lucy Waithera, who is accused of killing Belgian Dysseleer Mirielle Lesoipa alias Leila.
He wants the court to halt the trial that began on Tuesday until they can confirm if the woman is indeed alive.
The body of the woman has never been found and police believe she was cremated. Leila disappeared in 2019.
Khaemba wants the DCI to investigate the number that contacted him on Wednesday morning at 6am.
According to Khaemba, the woman told him that the two accused persons in the dock were innocent and should be released.
In a WhatsApp screenshot filed in the letter to DCI, the alleged Leila tells Khaemba to help her friend Waithera and the lawyer who was charged.
“My lover is behind this, I sold all my properties, am scared for Lucy because she took all, he got jealous and has been threatening. I hope she find peace, someone big is involved and am scared for her please, she is my only best friend (sic),” the message read.
The alleged number further goes on to say that she is unable to talk as she is using a machine that gives her headache and she is not used to it.
In a letter to DCI, Khaemba says Leila once called him on April 29, 2021, via WhatsApp.
“In the course of the conversation, I tried to convince her to show up and set the record straight, but unfortunately her phone went off. Today, she sent me a WhatsApp text message at 6.48am, still insisting that she is alive and that my client is innocent,” the letter reads.
Khaemba adds, “We therefore request that the trial herein be stayed and the DCI be directed to trace the said deceased to set the record straight.”
However, the prosecution objected to the adjournment of the matter, saying the information provided by Khaemba was not verified.
The state says that the alleged message was a picture and not a video, which would have been easy to verify.
The prosecution asked the court to order the matter to proceed.
The state says preliminary investigations show that the number was not registered in the name of the deceased, but it is registered in the name of Newton Muendia of ID 35380572.
They say they have information that the number was moving around the Nairobi region.
“We are in the process of tracing the owner of the phone to record a statement. The lawyer should record a statement at the nearest police station,” the court heard.
In response, Khaemba said he was shocked by the manner in which the prosecution was casually handling his claim.
“What if it’s true that she is alive, my Lord?” Khaemba posed.
He further said he was only helping the court dispense justice.
Lawyer Wandugi Kirathe asked the court to halt proceedings, saying nobody has ever found the body to date.
Justice Ogembo, in a short ruling, directed Khaemba to present the information to investigating agencies who will file a report in court to verify his claims.
Meantime, the case will proceed.
Leila lived in Blankets estate, Mwariki, Nakuru East, before her disappearance.
Waithera was arrested on February 1, 2020, in her Milimani residence in Nakuru, where the alleged deceased woman's bank cards and a copy of the death certificate were recovered. - ANNETTE WAMBULWA, The Star