NAIROBI Kenya February 9 -Joseph Irungu alias Jowie has been found guilty of the murder of businesswoman Monica Kimani in September 2018.
“The death occurred, cause of the death, the first accused committed the offence. It was not a case of homicide but unlawful. I find Jowie guilty as charged herein of the offence of murder,” Justice Grace Nzioka ruled on Friday.
The Judge however acquitted former TV news anchor Jacque Maribe of the murder charge.
“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,” Justice Nzioka ruled.
On Maribe, she ruled: “It is my considered view that the charge brought against the second accused person (Jacque Maribe) was not the proper charge.”
The court found that the prosecution did not place Maribe at the scene of crime, and that there is no evidence that she ever communicated with the deceased.
Justice Nzioka however said Maribe should have been charged with giving false information to person employed in the public service, contrary to Section 129 of the Penal Code.
“The limitation of action act does not apply to criminal cases,” Nzioka said.
The court said malice aforethought was clearly established on the part of Jowie especially the fact that he stole another person’s identity card which was never recovered; carried a kanzu in a bag which he later wore and removed after the murder; and that he had borrowed a gun from a neighbour and went it to the deceased’s house.
“The person who killed the deceased did not intend to give her even one minute to survive. It is my considered opinion and finding that the perpetrator intended instant death,” Justice Nzioka further ruled.
“He left the house, changed his clothes and eventually went home and burnt the clothes which he wore during the commission of the offence. All this evidence taken leaves a strong conclusion that Irungu murdered Monica Kimani,” she added.
Monica’s body was found at her Lamuria Gardens Apartment which is located on Kitale Lane off Denis Pritt Road in Kilimani.
Her body was found in a bathtub with her throat slit. Her hands and feet were tied behind her back and her mouth was taped shut. Police said the murder would have required more than one man to execute.
Both Jowie and Jacque Maribe have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
The judge said there was enough evidence that Jowie was the last person seen with Monica at her Lamuria Gardens house.
Jowie had accessed the estate Monica lived in using an identity card belonging to another person.
“It is the finding of this court that the first accused person was in the deceased house on the material date and he was the last person to be seen with the deceased. The evidence of the protected witness is that Harun whom he identified on the parade as the first accused person left that house at 23.00 and no one else went to that house,” she said.
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