Monica Kimani murder: DPP to appeal Jacque Maribe acquittal
By Joseph Ndunda |
Judge Nzioka argued that the count of murder was not the proper charge against Maribe, stating that the evidence presented did not place her in the house of the deceased on that fateful night.
The Office of the Director of Public Prosecutions (ODPP) has officially filed a notice of appeal against the High Court's recent judgement that acquitted former TV news anchor Jacque Maribe in the murder case of businesswoman Monica Kimani.
The notice, filed by Senior Assistant Director of Public Prosecutions O.J. Omondi, expressed dissatisfaction with the ruling delivered by High Court judge Grace Nzioka on Friday last week.
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“Take notice that the Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on the 9th of February 2024, appeals to the Court of Appeal against the part of the judgement acquitting the 2nd Accused Person,” reads the notice.
The High Court judgement last Friday found Joseph Irungu, alias Jowie, guilty of the murder of businesswoman Monica Kimani, who was killed on the night of September 19, 2018, at her Lamuria Gardens apartment in Nairobi.
Justice Nzioka ruled that the prosecution had presented sufficient evidence and proved beyond a reasonable doubt that Jowie committed the murder.
Jacque Maribe, who was charged alongside Irungu, was also acquitted in the same judgment.
"Not proper charge"
The judge argued that the count of murder was not the proper charge against Maribe, stating that the evidence presented did not place her in the house of the deceased on that fateful night.
"There was no evidence that she had ever communicated with the deceased. The evidence that the prosecution has brought before this court on the second accused person relates to events of September 20, 2018, and that is the shooting incident," noted Justice Nzioka.
Despite Maribe's acquittal of the murder charge, the judge highlighted that she had given contradicting information while recording her earlier statements on how Jowie sustained a gunshot wound.
Justice Nzioka termed this offence as giving misleading information to a public servant and left it to the office of the Director of Public Prosecutions (ODPP) to decide on the appropriate action.
“The office of the DPP knows their mandate. The resolve is that the prosecution did not adduce adequate evidence for this court to find the second accused person of the offence of murder of Monica Nyawira Kimani on the night of September 19, 2018. The first accused person is convicted on the charge (murder), while the second accused person is acquitted of the charge,” concluded the judge.
The decision to appeal Maribe's acquittal adds a new layer of complexity to a case that has captivated the nation since its inception, raising questions about the nature of the evidence presented and the interpretation of the events leading to Monica Kimani's tragic death. The Court of Appeal is now expected to provide a crucial next step in this high-profile legal saga, weighing in on the matter.
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