-1696575683.jpg)
Lady Justice Grace Nzioka has finally delivered the verdict regarding the murdered businesswoman Monica Kimani pitting former Citizen TV journalist Jacque Maribe and Jowie Irungu.
While delivering the judgement at the Milimani Law Courts on Friday, February 9, the judge concluded that Jowie murdered Monica Kimani.
Justice Nzioka on the other hand acquitted Maribe on the murder charge.
Following the verdict, Justice Nzioka cancelled Jowie's bond noting that he will be held in custody till March 8, 2024, when sentencing will be done.
Before arriving at the final decision, Justice Nzioka raised six questions: whether Jowie Irungu knew Monica prior to her death, whether he stole and used the stolen I.D to access where the deceased was staying, whether the clothes he was wearing implicate him in the commission of the offence, whether he was in the deceased house and whether he was the last person to be seen with the deceased, whether he had a gun and whether he was positively identified on the identification parade.
Read More
First, the judge established that it was a homicide case since the death was unlawful.
"The prosecution have proven beyond reasonable doubt that the deceased’s death was not accidental or natural," Justice Nzioka stated.
Further, she analysed the evidence and established that Jowie knew the accused person despite his earlier statement that he had never met her.
"It is the finding of this court that the evidence by the first accused person that he didn't know the deceased prior to her death is an afterthought and is false. The first accused person was known to the deceased prior to her death," she stated.
"The first accused person was known to the deceased prior to her death."
Moreover, the evidence analysis established that the clothes identified by various witnesses belonged to Jowie.
Additionally, the court noted that the first accused person was the last person seen at the deceased house on the material day. It was established that Jowie used another person's ID to access Monica Kimani's apartment.
However, the judge adduced that the first person could not be prosecuted based on the identification parade report as it was properly done to place Jowie at the murder scene.
"Pamela, the first accused house help, stated that when Jowie left the house on 19th September 2018, he was wearing a white shirt with patterns, a maroon cape and brown shorts. A gentleman named Jennings stated he met with the first accused on 19th September and was wearing a t-shirt, brown shorts and a maroon cape. There is collaborative evidence as to the clothes which the first accused was wearing on the material date," she noted on the clothes exhibit presented in court.
"We don't find the first accused person guilty of the offence he is being charged with based purely on the evidence of the identification parade per say."
Judge on Maribe
The judge noted that Maribe gave inconsistent reports over an alleged shooting incident of the first accused person.
"It is this court’s finding that the statements made by the first accused person and the second accused over the shooting incident were false."
Case Background
During the trial, the prosecution presented 35 witnesses who testified against both defendants.
Jowie the first accused was identified as being in the deceased’s house during an identification parade, and there was evidence suggesting a common intention and joint actions to harm Monica Kimani who was tragically found dead at her residence in Lamuria Gardens Apartment in Kilimani.
The prosecution also claimed that Maribe, the second accused, was Jowie’s partner at the time and the two were living together.
Maribe was also alleged to be the owner of the vehicle used in the criminal activity.
The prosecution also established that Maribe provided inconsistent statements to the police regarding the first accused person’s injuries.
Monica was discovered dead in her apartment in Kilimani, Nairobi in 2018 leading to the subsequent arrest and charging of Maribe and Irungu.
