The High Court will on February 9 make a judgment in a case where former TV news anchor Jackie Maribe and her ex-fiancé Joseph Jowie Irungu are charged with the murder of late businesswoman Monica Kimani.
Trial Judge Grace Nzioka was to deliver the judgement last month January 26 but told parties that she could not do so due to reports Maribe was sick.
The judgement was then scheduled for March 15, after Maribe through her lawyer Katwa Kigen sought the court’s indulgence after she became ill on January 26 when the judgement was to be read.
After the revision of dates, the judgment will now be read on February 9 at 9:00 am
“Following consent by parties, the judgment in the Milimani HCCR NO. 51 OF 2018 R. v JOSEPH KURIA IRUNGU alias JOWIE & JACQUELINE WANJIRU MARIBE was scheduled for March 15, 2024, has been moved to tomorrow Friday, February 9, 2024, at 9:00 am, Court 19. Kindly set up by 8:30 am,” a notice read.
Last month, Kigen communicated her preparedness to continue and her willingness to travel to Naivasha for the judgment.
The prosecution, the victim’s family and Maribe’s co-accused through their lawyers acknowledged Maribe’s health condition and expressed willingness to accommodate the delay but requested the earliest possible date.
However, Justice Nzioka said that she would deliver the judgment on March 15, 2023, citing her unavailability throughout January and February.
“I have a few other matters I’m dealing with and are quite heavy, specifically taking time from sitting to go write judgments not sitting from 8th Feb to 8th March,” she said.
During the scheduled verdict delivery, Jowie was present in court.
Subsequently, the judge requested counsel for Maribe to provide medical evidence explaining Maribe’s absence.
Before the new dates were settled on, Jowie had pleaded with the court to grant him an earlier date.
Jowie is the first accused person in the murder trial of Monica.
He was charged alongside Maribe in 2018.
The woman’s badly mutilated body was found at her Lamuria Gardens Apartment on Kitale Lane off Denis Pritt Road in Kilimani, Nairobi.
She had arrived from Juba, South Sudan when she was murdered in the house on September 19, 2018.
The prosecution called 35 witnesses who testified against the two.
Although they have denied knowing Monica or being involved in her death, Assistant Prosecutor Gikui Gichuki has said the evidence they presented in court is sufficient to have them convicted.
Gichuki said as per witness testimony, Jowie was placed in the house of the deceased and was positively identified during the identification parade.
The prosecutor said the two had a common intention and acted in concert to eliminate the deceased.
Gichuki relied on a court of appeal judgment that held that aiding and abetting generally means somehow to assist in the commission of a crime or to be an accomplice.
The state also told the court to consider the fact that Maribe made no attempt to disassociate herself from the actions of Jowie and instead helped him to burn evidence.
“The demeanor of Jowie and Maribe should also be taken into account at the time of investigations, which entailed giving false information to the police to during the trial where the accused in some cases missed court proceedings,” she said.
In regards to the second accused person, Maribe, the prosecution submitted that she was at that time the partner of the first accused and was living together.
Gichuki added that Maribe was the owner of the vehicle used in a criminal enterprise.
“She also allowed the gun to be kept in her house yet she had a young child…
It should be noted in testimony produced in this court that she lied to the police consistently regarding how the first accused person was injured,” the DPP said.
Kigen has however argued that none of the witnesses had incriminated the former news anchor in the murder.
“The case is based on circumstantial evidence; there’s no direct evidence against the second accused person,” the lawyer said.
He also said there was no DNA evidence linking Maribe to Monica’s murder.
The ruling will determine if the two will continue to be out on bond.
Monica’s father is currently in the US where he is studying theology and a family friend said he is keenly following the case.
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