The Director of Public Prosecutions (DPP) has filed a notice of appeal against the High Court’s verdict that acquitted former television presenter Jacque Maribe in the murder case of businesswoman Monica Kimani.
In a notification filed by Senior Assistant Director of Public Prosecutions O.J. Omondi, the DPP’s office expressed dissatisfaction with the decision made by High Court judge Grace Nzioka last Friday.
“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,” stated Omondi.
On February 9, the High Court acquitted Maribe, who was the second accused person in the murder case, citing the prosecution’s error in charging her.
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Nzioka found and held that the prosecution had failed to provide sufficient evidence linking Maribe to the murder, which occurred on September 19, 2018.
While acknowledging Maribe’s culpability for providing false information to the police during the murder probe, Nzioka emphasized that she was not appropriately charged before the court.
“Was there any offence committed when the second accused person stated to the investigating officer at Lang’ata police station, which turned out to be untrue? I say no more. The office of the Director of Public Prosecution knows their mandate,” remarked Nzioka who concluded that it is her “considered view that the charge brought against the second accused person (Jacque Maribe) was not the proper charge.”
Maribe was jointly charged with her ex-fiance Joseph Irungu alias Jowie, who was found guilty of Monica’s murder in September 2018. Irungu is scheduled to be sentenced on March 15.
Judge Grace Nzioka affirmed that the prosecution had established Irungu’s culpability beyond a reasonable doubt when delivering her ruling at the Milimani Courts.
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“All this evidence leaves a strong conclusion that Irungu murdered Monica Kimani and is hereby convicted of the same,” she concluded.
