The Office of the Director of Public Prosecutions (ODPP) has filed a notice of appeal against the High Court’s judgment acquitting Jacque Maribe in the Monica Kimani murder case.
Senior Assistant Director of Public Prosecutions O.J. Omondi filed the notice expressing dissatisfaction with the ruling.
“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”. The notice states.
In her verdict last Friday, Justice Nzioka found Joseph Irungu, also known as Jowie, guilty of Monica Kimani’s murder, which occurred on September 19, 2018, at her Lamuria Gardens apartment in Nairobi. The judge affirmed that the prosecution presented sufficient evidence beyond a reasonable doubt to establish Jowie’s involvement in the crime.
The judge acquitted Jacque Maribe, who stood accused alongside Jowie. Justice Nzioka ruled that the prosecution failed to prove Maribe’s connection to the murder. Stating that the evidence did not place her at the scene on the night of the incident.
“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.
Justice Nzioka stated that while Maribe was acquitted of the murder charge. She was found to have provided contradictory information regarding how Jowie sustained a gunshot wound. An action was termed misleading in the investigations.
The judge emphasized the ODPP should determine the next course of action regarding Maribe’s involvement in the case.
“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 offense 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.
