A notice of appeal against the High Court’s decision to acquit former TV news anchor Jacque Maribe in the murder of businesswoman Monica Kimani has been filed by the Director of Public Prosecutions (ODPP).
The DPP’s office states in the notice submitted by Senior Assistant Director of Public Prosecutions O.J. Omondi that it was not pleased with the decision made by High Court judge Grace Nzioka on Friday of last week.
“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.
Delivering the judgment on Friday, Lady Justice Grace Nzioka 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
Justice Nzioka ruled that the prosecution had adduced adequate evidence and proved beyond reasonable doubt that the first accused person Joseph Irungu alias Jowie indeed killed Monica.
Former TV news anchor Jacque Maribe, who was charged alongside Irungu, was however acquitted of the murder charge, with the judge stating that the count of murder was not the proper charge that the prosecution would have preferred against her.
The judge ruled that 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 had been found to have given contradicting information while recording her earlier statements on how Jowie sustained a gunshot wound, terming the offence as giving misleading information to a public servant.
In this regard, the judge noted that it is upon the office of the Director of Public Prosecutions (ODPP) to decide on what action to take.
“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.
