The Office of the Director of Public Prosecutions (ODPP) has filed a notice of appeal against the High Court’s recent judgment to acquit former TV journalist Jacque Maribe in the murder case of Monica Kimani.
Senior Assistant Director of Public Prosecutions O.J Omondi, of the ODPP on Tuesday, February 13, expressed dissatisfaction with the ruling delivered by High Court judge Grace Nzioka.
The notice of appeal, filed with the Court of Appeal, explicitly challenges the component of the judgment that cleared Maribe of her involvement in the murder case.
Justice Nzioka in her ruling delivered on Friday last week acknowledged the prosecution’s presentation of substantial evidence, establishing beyond reasonable doubt that the primary accused person, Joseph Irungu alias Jowie, committed the crime.
The judge, however, acquitted Maribe of the murder charge. The judge ruled that the prosecution’s choice of murder as the primary charge against Maribe was not warranted by the evidence presented.
Emphasizing the lack of conclusive evidence linking Maribe to the crime scene, the judge exonerated her from the murder charge.
Justice Nzioka highlighted the absence of communication between Maribe and the deceased, as well as the prosecution’s failure to establish her presence at the scene of the crime on the fateful night.
Nevertheless, the judge noted Maribe’s involvement in providing misleading information to law enforcement regarding the circumstances surrounding Jowie’s gunshot wound, a separate offense.
In light of these findings, Justice Nzioka emphasized the prerogative of the ODPP in determining further legal actions. While Maribe was acquitted of the murder charge, the court emphasized the ODPP’s authority to pursue appropriate courses of action based on the evidence presented.
“The office of the DPP knows their mandate. The resolve is that the prosecution did not adduce adequate evidence for this court to find the second accused person of the offence of murder of Monica Nyawira Kimani on the night of 19th September 2018.
”The first accused person is convicted on the charge (murder) while the second accused person is acquitted of the charge,” concluded the judge, affirming the court’s stance.
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