Monica Kimani murder case: Joseph 'Jowie' Irungu found guilty as Maribe acquitted

Delivering the judgment on Friday, Lady Justice Grace Nzioka ruled that the prosecution had adduced adequate evidence and proved beyond reasonable doubt that 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.

"Having considered the evidence in this matter it is the finding of this court that the prosecution has adduced adequate evidence and has met the threshold... It is the finding of this court that the first accused person murdered the deceased," ruled Justice Grace Nzioka.

She went on; "The first accused person stole the ID of Dominic Bisera two days before the commission of the offence, armed himself with a gun, carried a Kanzu, put it over his clothes, went to Lamuria gardens, disguised his identity, gained access to the apartment of the deceased, murdered the deceased, left the deceased's house, changed his clothes and eventually went home and burnt the clothes which he wore during the commission of the offence."

"It is the finding of this court that all this evidence taken cumulatively leads to a strong conclusion that the first accused person murdered the deceased," ruled Justice Nzioka.

In Maribe's case, the judge ruled that the evidence adduced by the prosecution against her 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.

Jowie’s bond has since been revoked and he will remain in custody until March 8, 2024, when the court with deliver the sentencing.