The Director of Public Prosecutions (DPP) Renson Ingonga has moved to the Court of Appeal seeking to overturn the acquittal of former TV journalist Jacque Maribe in the businesswoman Monica Kimani's murder case.
In a notice of appeal filed in court on Tuesday, February 13, the DPP wants the Appellate court to quash the decision by the High Court on Friday that freed Maribe over the killing of Monica but convicted his former fiancé Joseph Irungu, alias Jowie.
The DPP says he was dissatisfied with the judgement rendered by Justice Grace Nzioka.
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"Take notice that the DPP, being dissatisfied with the decision of the High Court of Kenya at Nairobi in by Judge Nzioka delivered on February 9, 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2 accused person (Maribe)," reads the notice filed by Senior Assistant Director of Public Prosecutions Joseph Omondi.
The state prosecutor now wants the Court of Appeal to intervene and set aside the High Court judgement that acquitted Maribe of the murder charge.
In her decision, Justice Nzioka acquitted Maribe citing failure by the prosecution to place her at the scene where Monica was murdered.
"There was no evidence that she ever communicated with Monica," Justice Nzioka added.
"The prosecution did not adduce adequate evidence to find the second accused person (Jacque Maribe) guilty of the offense of murder,” the judge added.
While acquitting Maribe, the judge faulted the prosecution for preferring the wrong charge against her.
“It's my considered view that the charge brought against Maribe was not the proper charge. Evidence against Maribe didn't place her in the house of the deceased on a material night,” the judge said.
Nzioka noted that the evidence brought against Maribe only relates to the 20 September shooting incident involving Jowie in which the court said she is liable for giving false information to the police.
The court, however, found that she misled the police by giving false information about the murder of the businesswoman.
Justice Nzioka also found that the statements made by Jowie and Maribe over the shooting incident were false. According to Maribe's statement to the police, Jowie had been shot at their gate.
During the defence hearing, Maribe defended themself saying she was with former Nairobi Governor Mike Sonko on the fateful day.
She denied any involvement in the murder of Kimani. She said she never knew her and had no motive to kill her.
She admitted that her phone went off on the material day but stated that it didn’t mean she committed the crime.
"My relationship with Jowie then was that of cohabitation and helping him to get treatment after he was shot was a constitutional right,” she said.
The judge, in acquitting her, said it was the prosecution's burden to prove her alibi defence.
