Maribe and Jowie ask the court to dismiss murder case against them
Journalist Jacque Maribe and Joseph Irungu alias Jowie have requested the court to exonerate them in the murder of Monicah Kimani due to a lack of proof.
During a hearing on Tuesday, December 20, the two attempted to persuade trial Judge Grace Nzioka, through their lawyers led by Prof. Hassan Nandwa, that they were wrongfully charged with murder.
Maribe and Jowie denied killing Monica, claiming she was murdered at her home in 2018 by an unknown guy.
While underlining his remarks, lawyer Nandwa stated that one of the prosecution’s witnesses told the court that he discovered the DNA of an unknown male at Monica’s house.
The court heard that Maribe did not know Monica and did not take part in the murder, as the prosecution claimed.
However, the prosecution, led by Assistant DPP Gikui Gichuhi, discounted their statements, claiming that the prosecution has established reasonable doubt that the two murdered the dead jointly and severally.
“We urge the court to place Jowie and Maribe on their defence as the prosecution has discharged its burden of proof in respect of each accused person and the court should hold that they have a case to answer,” said the prosecutor.
Gichuhi says all events leading to the murder and subsequent lies made by Maribe to the police show that she planned with Jowie to kill Monica.
“This points to a calculating mind that planned ahead with Jowie to ensure the murder of the deceased,” Gichuhi said.
Gichuhi argued that Maribe and Jowie were principal offenders, had a common intention, and acted in concert to eliminate the deceased person.
She relied on a Court of Appeal judgement that held that aiding and abetting generally means somehow to assist in the commission of a crime or to be an accomplice.
“It is not necessary that the aider and abettor had knowledge of the precise crime that was intended and which was actually committed, as long as he was aware that a crime would probably be committed, including the one actually committed.” her submissions read in part.
The state has also told the court to consider the fact that Maribe made no attempt to disassociate herself from the actions of Jowie and instead helped him to burn evidence.
“The demeanor of Jowie and Maribe should also be taken into account at the time of investigations which entailed giving false information to the police during the trial where the accused in some cases missed court proceedings or did not comply with bail conditions granted,” Gichuhi claimed.
The court heard that the two accused persons worked in conjunction to ensure that Jowie had the transport, a menacing weapon, and the opportunity to cause the death of the deceased.
The prosecution also asked the court to note that Maribe assisted Jowie to burn evidence outside her house and according to the state she knew Jowie had gone to Monica’s house that night.
“Maribe knew that Jowie had gone to the home of the deceased on the night of September 18 and went as far as announcing the sad news on Citizen TV on August 20, 2019, knowing full well what had happened,” she claimed.
However, while stressing defence submissions, lawyer Nandwa told the court that the officer from the government chemist stated that he performed DNA analysis on the things recovered from Monica’s home.
They included samples from glasses, the fridge, clothes, leftover food, and gloves discovered in the toilet, and his conclusion was that none of those objects contained Jowie’s DNA.
“In his report, he made six conclusions which in part said the empty tusker can contain DNA of an unknown male and the strapping used to cover Monica’s mouth contained her DNA and that of an unknown male who is not him,” said Lawyer Nandwa.
He said it is worth noting that the strappings were found in the bathroom where the deceased body was found in the bath tab and the same was used to cover her mouth.
“It is this unknown person whose DNA was on the strapping that killed Monica, it’s evident from the government chemist that I was not in Monica’s house on that night,” argued Nandwa.
The court will release its decision on whether or not the two have a case to answer on February 10, 2023.
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