The Director of Public Prosecutions Renson Ingonga has filed a notice of appeal against the acquittal of former TV anchor Jacque Maribe in the murder of businesswoman Monicah Kimani.
Ms Maribe had been charged alongside her former fiancé, Joseph Irungu alias Jowie, with the murder of the 28-year-old businesswoman who was killed on the night of September 19, 2018.
"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 against part of the judgement acquitting the second accused person," the notice by the DPP's office reads.
The deceased had arrived from Juba on the fateful day and her body was found lifeless in a bathtub the following day.
Last week, High Court judge Grace Nzioka found Mr Irungu guilty of murder but freed Ms Maribe. The judge said there was no evidence linking Ms Maribe to the death of the deceased.
"I find the evidence adduced against the second accused person insufficient to prove the offence against her and I acquit her accordingly," Justice Nzioka said in a judgement delivered last Friday.
The court was of the view that the prosecution should have charged Ms Maribe with giving false information to a person employed in the public service under section 129 of the penal code.
“I find the evidence adduced against the second accused person insufficient to prove the offence against her and I acquit her accordingly,” Justice Nzioka said in a judgement delivered last Friday.
Jacque Maribe at the Milimani Law Courts on February 9, 2024, where she was acquitted in the murder case of businesswoman Monicah Kimani.
Photo credit: Wilfred Nyangaresi | Nation Media Group
Mr Irungu was found guilty of murdering the deceased businesswoman and remanded pending the sentencing which will be delivered on March 8.
Justice Nzioka said in her decision that the deceased died a very painful and cruel death. It was her finding that the security training Mr Irungu undertook aided him in the murder.
The prosecution had submitted that should the court fail to find Ms Maribe guilty of murder, then she should be found guilty of the offence of accessory after the fact to murder. The offence attracts life imprisonment.
According to the prosecution, Ms Maribe gave a misleading statement at Langata Police Station to divert the investigators' attention.
The prosecution also submitted that she also allowed her ex-fiancé to hide a gun in her house and that bloodstained pants which Mr Irungu wore on the fateful night, were recovered from her house.
The former Citizen TV news anchor maintained her innocence saying there was no evidence to show that she was involved in the murder in any way.
Jacque Maribe hugs her father Maribe Mwangi at the Milimani Law Courts on February 9, 2024 after she was acquitted in the murder case of businesswoman Monicah Kimani.
Photo credit: Wilfred Nyangaresi | Nation Media Group
Through her lawyer Katwa Kigen, Ms Maribe also submitted that she did not play any role in aiding or abetting the principal offender (Mr Irungu) and there was nothing to show that she was involved in planning the murder.
The police had supported her defence stating that there were no traces of her at Lamuria Gardens apartment, or CCTV footage, telephone data or videos that placed her at the crime scene.
