Jacque Maribe, Joseph Irungu to return to court Tuesday

The High Court will next Tuesday decide whether journalist Jacque Maribe and her co-accused, Mr Joseph Irungu alias Jowie, will be released on bond.

But as Justice James Wakiaga makes the decision, he will also grapple with an application by the prosecution for Ms Maribe to keep off TV screens if freed. The judge said it was not a light matter because she was still presumed innocent. He added that if he is persuaded to free her on bond, ordering her off TV screens might mean the end of her employment.

TESTIFY

“Perhaps she was hired to appear on TV screens. Will I be taking away her employment by ordering her not to appear on TV?” the judge wondered. He added that the effect of her appearing on TV yet she is facing a serious offence cannot be wished away. He said some matters should be left to her employer to decide, but he would rule on the issue.

Assistant Director of Public Prosecutions Catherine Mwaniki said Ms Maribe’s appearance on TV might intimidate or influence witnesses set to testify during the trial.

DANGEROUS

While arguing for the suspects to be denied bail, Ms Mwaniki said Ms Maribe had expressed fears on her life after a stranger allegedly tried to interview her when she was arrested on September 29. She said keeping her in custody was the best way to ensure her safety, adding that her residence in Lang’ata, Nairobi, was still an active crime scene.

On Mr Irungu, the prosecutor said he had attempted suicide, meaning he was dangerous to himself and society. “He needs close supervision,” she said. She added that the accused was seen trying to destroy evidence by burning clothing, hence might interfere with witnesses if released on bond. She said he has not been co-operative with investigators and that the information he has given is not truthful.

OPPOSED

Further, Ms Mwaniki said Mr Irungu has been photographed holding a gun yet he is not a licensed gun holder. She said he has travelled outside Kenya to countries such as Iran, Iraq and Saudi Arabia, has no fixed home, and is a flight risk.

The two have denied murdering 28-year-old Monica Nyawira Kimani, an offence they allegedly committed on September 19 at Lamuria Gardens Apartments in Kilimani. Yesterday, the prosecution amended the charge sheet to read that they committed the offence with others not before court.

Mr Herman Omiti, who represents the family of Ms Kimani, also opposed their release on bond, saying the family still lives in fear. The lawyer said one of the family members received a message from Mr Irungu a day before Ms Kimani was murdered, allegedly asking him where he resides.

COMPELLING

“It is not a coincidence that a day before she was murdered, the first accused sent him a text message seeking to know his home. The reason for the request is not known and the family is yet to know the motive of her killing,” he said.

But in defence, lawyers Katwa Kigen and Cliff Ombeta said there was no compelling reason to deny them bail. Mr Ombeta said the seriousness of the offence cannot be used as the only reason to deny an accused person bail.