DPP fails to have bail granted to murder suspect Jowie cancelled
The office of Director of Public Prosecutions has failed in its bid to have the Sh2 million bond granted to murder suspect Joseph Irungu alias Jowie cancelled over violation of the bail terms.
Instead, the High Court warned Irungu against violating the conditions of his release from remand and ordered him to remain outside Nairobi as required. He is supposed to stay within his Nakuru hometown area pending the conclusion of the murder trial or further directions by the court.
While ruling on the application filed by the prosecution urging for cancellation of the bail, Justice Cecilia Githua directed Irungu to obey and observe the conditions of the bail as issued by Justice James Wakiaga in February last year.
Mr Irungu is charged alongside TV journalist Jacque Maribe for the murder of businesswoman Monica Kimani on the night of September 19, 2018 at her apartment in Lamuria Gardens, Kilimani.
In urging the court to cancel Mr Irungu's bail and return him to remand, the Prosecution informed court that the accused had breached the bail terms by travelling outside Nakuru and residing in Nairobi city.
Additionally, the DPP said Jowie has been giving media interviews on YouTube where the merits and demerits of the murder case are discussed, contrary to directives issued by Justice Wakiaga.
The Prosecution said Mr Irungu was not living with his parents in Nakuru as he told the court he would when seeking bail.
Instead of assisting his parents at their chicken farm as promised, the DPP argued, the suspect was living in Nairobi and working for a private security company.
“The accused has not only gone against the honourable court’s finding on the location or place of abode when the honourable Judge granted the bail terms by being away from Nakuru County. He continues to move and reside within Lang'ata area, being the secondary crime scene and the locality of potential witnesses who have and are yet to testify,” said the Prosecution.
And while in Nairobi in June this year, he was involved in a fight at 1824, a night club along Lang'ata road in Nairobi.
According to Chief Inspector Otieno, the matter was reported at Langata police station by a Rodgers Ochieng on March 7 who claimed he had been assaulted by Jowie at about 8:30pm.
“On March 7 while at 1824, Jowie assaulted Rodgers Okuta. But even though the complaint was withdrawn, it is quite clear that he has proceeded to commit a similar offence or crime resulting in bodily injury of another person while out on bail,” says Chief Inspector Otieno.
In his statement to the police on the matter, Jowie claimed that he was too drunk to remember what happened at the club on that night. He also said that he could only remember being assisted by a friend to board a taxi to Lang'ata Hospital where he sought treatment for a deep cut.
His lawyer David Ayuo further said that the complainant had since withdrawn the matter after the two reached an agreement.