The Director of Public Prosecutions (ODPP) has officially appealed the High Court’s decision to acquit former TV news anchor Jacque Maribe in the Monica Kimani murder case. Senior Assistant Director of Public Prosecutions O.J Omondi filed the notice, expressing dissatisfaction with the ruling by High Court Judge Grace Nzioka last Friday.
The notice states that the Republic, as the intended appellant, is unhappy with the decision and appeals to the Court of Appeal against the judgment acquitting Maribe.
In her judgment, Justice Nzioka found Joseph Irungu guilty of Monica Kimani’s murder on September 19, 2018, presenting sufficient evidence for the prosecution. However, Maribe, charged alongside Irungu, was acquitted. The judge clarified that the murder charge was not suitable for Maribe, as the evidence didn’t place her at the scene on the fateful night.
Justice Nzioka noted the lack of evidence showing communication between Maribe and the deceased, focusing on events from September 20, 2018, specifically the shooting incident.
While acquitted of murder, the judge highlighted Maribe’s conflicting statements about how Irungu sustained a gunshot wound, describing it as providing misleading information to a public servant. The judge emphasized that the ODPP must decide on further action.
“The office of the DPP knows their mandate. The resolve is that the prosecution did not present sufficient evidence for this court to find the second accused person guilty of Monica Nyawira Kimani’s murder on the night of 19th September 2018. The first accused person is convicted of the charge (murder), while the second accused person is acquitted of the charge,” concluded the judge.
