The Director of Public Prosecutions (DPP) has issued a notice of appeal against the High Court Judgement which acquitted former tv presenter Jacque Maribe of the murder charges in the late Monica Kimani’s case.
Maribe, who was the 2nd accused person in the murder case, was acquitted in the February 9,2024 ruling by Justice Nzioka which also found the first accused person guilty of the charges.
According to the judge, the prosecution side did not adduce adequate evidence to prove that she was guilty of the murder charges.
However, the court found that she is culpable of being charged for providing false information to a public officer contrary to section 129 of the Penal Code.
The first accused person, Joseph Irungu alias Jowie, is also set to move to the Court of Appeal of Kenya to appeal the judgment which found him guilty.
Jowie to appeal
Jowie’s lawyer Hassan Nandwa said that they disagreed with the ruling by lady justice Grace Nzioka which found his client guilty of murdering the late Monica Kimani in 2018.
Also Read: Monica Kimani Family Breaks Silence After Maribe, Jowie Verdict
Speaking shortly after the court adjourned, Nandwa stated that they shall be heading to the appellate court after Jowie’s sentencing.
“This unfortunate decision, as much as we disagree with the learned judge, there is a way out; we will appeal and we’re hopeful that our appeal will be allowed when it comes. Otherwise, we respect the judge and her decision, and therefore we will head to the Court of Appeal when the time comes after the sentencing,” said Nandwa.
In her ruling, Justice Nzioka further cancelled Irungu’s bond consequently, directing that he be remanded until his sentencing set for March 8, 2024.
ADVERT
“After conviction, I am unable to accede and/or allow the prior by your counsel for you to remain on bond. I am cancelling your bond. You will be held in custody until March 8,” said the judge.
Maribe and Jowie Charged
The two had been charged with the murder of the late businesswoman in 2018 when they were still dating.
On September 19, 2018, Kimani arrived at the Jomo Kenyatta International Airport (JKIA) from her business trip to South Sudan.
From the airport, she boarded a taxi to her apartment located at Lamuria Gardens in Kilimani, Nairobi, to spend the night.
Later, she was found murdered the following morning with her throat slit and the body dumped in the bathtub with the water running.
Also Read: Court Finally Delivers Verdict in Jacque Maribe and Jowie Murder Case
According to a police report, Jowie’s movement was traced to have started at Roadhouse Grill in Kilimani on September 19, 2018.
He is said to have arrived at the restaurant at around 6pm using Maribe’s car while in the company of two friends.
At around 8pm he left the venue for Lenana Road where he took a taxi to Monica’s house at Lamuria Gardens, which he accessed using a stolen ID card and went to House Number 8 on Block A where Monica stayed.
During the prosecution, a witness named called Lee Omondi identified Jowie as the last person with Monica before she was found murdered.
The prosecution revealed that the deceased did not die out of a natural death and so the Court found out that the death was unlawful.
“Monica Kimani didn’t die a natural death nor an accidental therefore, this is a clear case of homicide.
The finding of this court is that the prosecution has proved that the death was unlawful,” said the judge.