DPP TO FILE AN APPEAL AGAINST MARIBE'S ACQUITTAL IN THE MURDER OF MONICA KIMANI
In a notice of appeal, the DPP states that they would challenge a portion of the ruling that freed Maribe because they disagreed with trial judge Grace Nzioka's decision to acquit her in the murder case.
A notice of appeal against the High Court's decision to acquit former TV news presenter 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, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person, 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," the notice states.
Joseph Irungu, also known as Jowie, was found guilty on February 9th by Lady Justice Grace Nzioka of killing businesswoman Monica Nyawira Kimani. Kimani was brutally murdered on September 19, 2018, in her Nairobi residence in Lamuria Gardens.
According to Justice Nzioka, the prosecution presented sufficient evidence to establish beyond a reasonable doubt that Joseph Irungu, also known as Jowie, the first accused, killed Monica.
Despite being accused of Irungu, former TV news presenter Jacque Maribe was cleared of all charges, with the judge ruling that the murder accusation was not the appropriate one that the prosecution should have brought against her.
Maribe was found not guilty of the crime because the judge determined that the evidence presented by the prosecution did not show Maribe was in the deceased's residence on the deadly night.
The absence of any proof suggested that she had ever spoken to the deceased. The evidence about the second accused individual that the prosecution has presented to this court pertains to the shooting incident that occurred on September 20, 2018," Justice Nzioka stated.
The judge, however, described the offense as providing deceptive information to a public worker and noted that Maribe had been discovered to have provided inconsistent information while documenting her prior remarks about how Jowie had been shot.
The judge made notice of the fact that the Director of Public Prosecutions (ODPP) office is responsible for determining the appropriate course of action in this regard.
"The DPP office is aware of its mandate. The conclusion is that insufficient evidence was presented by the prosecution to allow this court to convict the second accused of killing Monica Nyawira Kimani on September 19, 2018. The judge concluded that the first accused person was found guilty of the murder charge, while the second accused person was found not guilty.
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