Murder suspects’ lawyer claims Belgian Dysseleer Mireille is alive
| Nov 11th 2021 | 3 min read
The trial of a lawyer and a hairdresser for the murder of a Belgian woman has taken a strange twist following claims that the person they are accused of killing might be alive.
Hari Gakinya and Lucy Waithera are accused of murdering businesswoman Dysseleer Lesoipa Mireille, but their lawyer Brian Khaemba said he received a text message from the Belgian, saying she is alive.
“The person who is said to have died has contacted me confirming that she is alive. It is important to note that her alleged dead body has never been recovered to date. She first contacted me in April saying she is alive and contacted me again yesterday,” said Khaemba.
According to the lawyer, Mireille told him that the accused are innocent and should be released, but refused to disclose her whereabouts.
Khaemba asked the court to suspend the murder trial and the matter be referred to the Director of Criminal Investigations to ascertain if the Belgian is still alive.
But the prosecution opposed the application to suspend the trial that began yesterday, arguing that the defence lawyer’s claims have not been verified.
The State said preliminary investigation shows that the number used to contact the lawyer is registered in a man’s name, and that the number has been traced within Nairobi.
“We are in the process of tracing the owner of the phone number to record a statement, and the lawyer should also record a statement at the nearest police station,” said the prosecution.
Justice Daniel Ogembo directed Khaemba to present the information to investigating agencies, who will file a report in court to verify his claims. He also declined to suspend the trial.
Mireille disappeared in October 2018 and her body has never been recovered.
Waithera and Gakinya were charged in February last year after the lawyer allegedly filed a succession case for the Belgian, while some of her documents were recovered in Waithera’s house in Nakuru.
The Belgian had properties estimated to be worth Sh100 million and spread across Nakuru, Samburu and Laikipia counties.
In the succession case before a Nakuru court, Gakinya is alleged to have attached Mireille’s death certificate and Will, which showed that she left her properties to Waithera, two students, John Lemarat, Ntalie Lenolkiok, Joseph Wanjohi (Mireille’s driver) and Daniel Moens.
The death certificate showed that Mireille died on July 15, 2019 at the MP Shah Hospital while her last Will was dated November 15, 2018.
But detectives said they have evidence to prove that the death certificate, three Wills and other documents were forged. Gakinya has identified himself as the executor of Mireille’s property.
The prosecution claims that the two suspects murdered the Belgian to take over her estate after the State Department of Civil Registration declared the death certificate a false document.
Gakinya and Waithera allegedly took over the woman’s properties, including the house that they later sold.
Mireille’s assets include a townhouse, a shopping complex estimated to be worth Sh19 million, a luxury car, a lorry, properties in Belgium and accounts in KCB Bank and International Luxembourg Suisse bank.
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