The Director of Public Prosecutions (ODPP) has submitted an appeal notice challenging the High Court’s decision to acquit former TV news anchor Jacque Maribe in the murder case of businesswoman Monica Kimani.
Senior Assistant Director of Public Prosecutions O.J Omondi filed the notice on behalf of the DPP’s office, expressing dissatisfaction with the ruling issued by High Court judge Grace Nzioka last Friday.
“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 judgment acquitting the 2nd Accused Person,” reads the notice.
Lady Justice Grace Nzioka in her ruling on Friday, found Joseph Irungu alias Jowie guilty of the murder of businesswoman Monica Nyawira Kimani, who was brutally killed on the night of September 19, 2018, at her Lamuria Gardens apartment in Nairobi.
She further ruled that there was insufficient concrete evidence to establish the former news anchor’s involvement in the murder during the incident on September 19, 2018. The evidence adduced by the prosecution against Maribe did not place her in the house of the deceased on the fateful night therefore exonerating her from the charge.
“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.
The judge however pointed out that Maribe provided conflicting information during her previous statements regarding how Jowie sustained a gunshot wound, which was deemed as providing misleading information to a public servant.
To this regard the judge noted that the decision on any further action lies with the Director of Public Prosecutions (ODPP).
“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 19th September 2018. The first accused person is convicted on the charge (murder) while the second accused person is acquitted of the charge,” concluded the judge.
