Joseph Irungu, alias Jowie, was Friday found guilty of the brutal murder of South-Sudan-based Kenyan businesswoman Monica Kimani, as his ex-fiancé, former TV anchor Jacque Maribe, was acquitted of the murder charge, but with a finding that the prosecution had preferred the wrong charge.
High Court judge Grace Nzioka said the prosecution had proved, through a series of circumstantial evidence, that Mr Irungu committed the offence on the night of September 19, 2018.
Monica’s murder was one most foul: She was slit, with what investigators said was a highly trained person, from ear to ear.
The killer, the evidence showed, left the water running in the bathtub where the murder happened, and the television set was left on.
In her ruling, Justice Nzioka made determinations that fingered both Mr Irungu and Ms Maribe, but then exonerated Ms Maribe of the murder charge, saying she was instead guilty of lying to a public officer, but could not be convicted of it as she had been charged with the offence.
The court rejected Mr Irungu’s defence that he didn't know Monica before her death, with Justice Nzioka the assertion was “an insincere, untenable afterthought.”
Two, the court determined that the identity card of Dominic Bisera, which he used to access Monica’s residence at Lamuria Garden Apartment had been stolen two days before the murder.
Three, the court determined that witnesses corroborated their evidence on the clothes Mr Irungu wore on the night of the murder.
Political Strategist Dennis Itumbi hold Jaque Maribe's had as they leave Milimani Law Court after she was acquitted of the murder charges against her and her Ex ex-boyfriend Jowie.
Photo credit: Wilfred Nyangaresi| NMG
Fourth, that the evidence proved that Mr Irungu was within the vicinity of Monica's house on the night of the murder.
Five, that Mr Irungu was in Monica's house on the material date and was the last person seen with her
Six, that Mr Irungu had a gun with intentions to subdue Monica.
Seven, that the identification parade was flawed, and so the court cannot convict Mr Irungu based on the parade alone.
Eight, that the argument by the defense that no one could commit the murder in just 10 minutes is not tenable.
WATCH: Full judgment in Monica Kimani murder case
Nine, that the contradictions by the prosecution were inconsequential to the guilt or otherwise of the accused.
Ten, that while the case was based on circumstantial evidence, the prosecution has adduced adequate evidence.
Eleven, that the evidence lead to a strong conclusion that Mr Irungu murdered Monica.
Twelve, “It is the finding of this court the first accused person (Joseph Irungu, alias Jowie) murdered Monica Kimani. I find the first accused person guilty as charged,” Justice Nzioka ruled.
Thirteen, Justice Nzioka said the evidence did not place Ms Maribe on the scene of the crime, and there was no evidence she communicated with Monica.
She further determined that Ms Maribe’s contradictory statements to the police amount to an offence of giving false information to a person employed in public service, and that while she was guilty of it, she had not been charged for it, and could therefore not be convicted.
Justice Nzioka directed the Director of Public Prosecutions to review, as there are no limitations to preferring a charge on a criminal offence.
Mr Irungu and Ms Maribe both pleaded not guilty to the killing of 28-year-old Monicah, an offence they allegedly committed on the night of September 19, 2018.
The woman had jetted into the country on the fateful Wednesday, not knowing what awaited her.
Evidence presented to the court showed that she landed at the Jomo Kenyatta International Airport (JKIA) at around 6 pm, from Juba where she was running a family business. She immediately called her brother George informing her of her arrival.
She was picked up by Mr John Otieno, a taxi driver who dropped her off and drove away.
On the way, the taxi driver recalled Monicah speaking to a boda boda rider who later picked up a parcel from her and then drove away.
Maribe Mwangi, father of Jaque Maribe(left) address the media at Milimani Law Court.
Monicah was due to fly out to Dubai the following day, to meet Mr Nasser Mohammed, a Sudanese businessman.
A few hours later Mr Lee Owen Omondi Madala, who had met Monicah in South Sudan visited the apartment to pick up his car logbook. He found Monicah with two men and identified one of them as Mr Irungu and the other as Walid, Monicah’s neighbour.
Mr Walid, he said, was elderly and grey-haired and was introduced to him as a good neighbour who visited her after she jetted back to Kenya.
Monicah also introduced Irungu as a security officer in the Office of the President and also worked as a security officer for Interpol.
He said Irungu was dressed in a kanzu, a red cap and a grey coat. Monicah claimed that although Irungu does not usually dress that way, he (Irungu) was on a security drill in Lamu and had to wear such clothing.
She further explained that Irungu had rented a house in Eastleigh for security operations, hence the mode of dressing.
The three continued having their drinks until around 10.45 pm when Mr Madala left. Their talks centred on security matters, the witness said.
The following morning, her brother George Kimani called his sister but she was not picking. The mobile phone eventually went off.
Worried that she might have flown to Dubai without their meeting, George decided to visit the apartment late in the afternoon. He arrived and got in touch with the caretaker- Mr Regan Buluku.
The police later visited the scene, collected some items from the house and took the body to the morgue.
On Friday, September 21, Mr Irungu shot and injured himself after getting into an argument with his fiancé, TV anchor Jacque Maribe at the Royal Park apartment in Lang’ata estate, Nairobi. He then ran to a neighbour’s house- Mr Brian Kassaine and asked him to go and secure his gun.
They rushed him to the hospital where the wound was dressed. They later went to Lang’ata Police Station where they reported that Mr Irungu had been shot by three thugs in the wee hours of the morning, as he entered the house.
The police later visited the alleged scene of the shooting and after interrogating the watchmen, they denied hearing gunshots.
The three were later interrogated by police over Monicah’s killing after the police noticed Maribe’s car, a Toyota Allion at Lamuria garden apartment, where the deceased lived.
Mr Irungu was arrested on Monday, September 24 and taken to Lang’ata police station as Ms Maribe went missing. She later informed the police that she panicked and went to her parent’s house after the arrest of her fiancé.
Ms Maribe was arrested five days later and the police filed an application in a Kiambu court, asking to detain the duo alongside Mr Kassaine for 10 days as they concluded the probe into the killing.
The prosecution through state counsel, Gikui Gichuhi urged the court to find the duo guilty of murder.
The prosecutor said Mr Irungu was placed at the murder scene and was positively identified by witnesses. Mr Irungu later tried to conceal evidence by burning the clothes he was wearing the fateful night.
The prosecutor added that the two gave false information to the police and Ms Maribe knew that her fiancé had a gun in the house but never bothered to tell the police. She also lied over Mr Irungu’s injury, the prosecution said.
Mr Kigen on his part submitted that there was nothing linking Ms Maribe to the murder and she had no reason to eliminate the businesswoman.
