DPP to appeal Maribe’s acquittal in Monica Kimani murder case
The Director of Public Prosecutions (ODPP) has filed a notice of appeal against the High Court judgment that acquitted former TV news anchor Jacque Maribe in the murder case of businesswoman Monica Kimani.
Maribe had been charged alongside her former fiancé, Joseph Irungu alias Jowie, with the murder of the 28-year-old businesswoman in 2018.
In the notice filed by Senior Assistant Director of Public Prosecutions O.J Omondi, the DPP’s office says it is dissatisfied with the ruling delivered by High Court judge Grace Nzioka on Friday, February 9.
“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.
The judge found Irungu guilty of murder but freed Maribe.
The judge said there was no evidence linking Maribe to the death of the deceased.
“I find the evidence adduced against the second accused person insufficient to prove the offence against her and I acquit her accordingly,” Justice Nzioka said in a judgement delivered last Friday.
The court was of the view that the prosecution should have charged Maribe with giving false information to a person employed in the public service under section 129 of the penal code.
During the defence hearing, Maribe defended herself saying she was with former Nairobi Governor Mike Sonko on the fateful day.
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.
“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,” said the judge.