Why DPP is yet to appeal against Jacque Maribe's acquittal six months later
Jacque Maribe at the Milimani Law Courts on February 9, 2024, where she was acquitted in the murder case of businesswoman Monicah Kimani.
The Director of Public Prosecutions (DPP) is yet to file an appeal against the acquittal of former television presenter Jacque Maribe for the murder of businesswoman Monica Kimani, seven months after the State said it would do so. In the case, her co-accused Joseph Irungu alias Jowie was convicted of the killing.
This comes as Jowie’s lawyer, Andrew Muge, said his client was yet to formally challenge the decision since the record of appeal — which includes proceedings of the trial and the judgement of Justice Grace Nzioka — is yet to be completed.
A record of appeal is a document containing typed proceedings of the trial court, the rulings and final judgment, as well as all documented evidence from the case. It's based on this document that an appeal can be made.
“We are yet to make any move as we await the registry to complete the record of appeal,” the head of office of the Director of Public Prosecutions (ODPP) homicide division Gikui Gichuhi said.
On his part, Jowie's lawyer pleaded with the Judiciary to speed up the process as "justice delayed is justice denied".
“Something needs to be done. It is painful for Jowie but hopefully, we shall get an expedited hearing,” Mr Muge said.
Gave false information
In a notice filed in March, DPP Renson Ingonga said he would appeal against the acquittal of Ms Maribe..
“Maribe gave false information to the police about the shooting incident to divert their attention. She was aware of the destruction of evidence,” Justice Nzioka ruled at the time.
She was charged alongside Jowie, her ex-boyfriend, with the murder of the 28-year-old businesswoman on the night of September 19, 2018. However, she was acquitted after the court found there was insufficient evidence to prove the offence against her.
The trial judge, however, ruled that the former TV anchor should have been charged with giving false information to the police, under section 129 of the penal code.
According to the prosecution, Ms Maribe gave a misleading statement to the Langata Police Station in what was clearly a diversionary tactic to divert attention from investigators. It was submitted that she also allowed her ex-fiancé to hide a gun in her house and that a bloodstained trousers which Irungu wore on the fateful night, were recovered from her house.
In their final submission, the prosecution said 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.
Mr Gichuhi said the DPP will still pursue the appeal against Maribe’s acquittal.
