The Director of Public Prosecutions (ODPP) has decided to appeal against the High Court's ruling that acquitted former TV news anchor Jacque Maribe in the murder case of businesswoman Monica Kimani.
In a notice filed by Senior Assistant Director of Public Prosecutions O.J Omondi, the DPP’s office expressed dissatisfaction with the judgment delivered by High Court judge Grace Nzioka last Friday.
“The Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on the 9th of February 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person,” the notice reads.
While Joseph Irungu alias Jowie was found guilty of Monica Kimani's murder, Jacque Maribe was acquitted of the murder charge.
READ: Monica Kimani's family speaks after court acquitted Maribe & found Jowie Irungu guilty
The judge ruled that the prosecution failed to provide sufficient evidence linking Maribe to the crime scene on the night of the murder.
"There was no evidence that she had ever communicated with the deceased.
"The evidence that the prosecution has brought before this court on the second accused person relates to events of September 20, 2018, and that is the shooting incident," ruled judge Nzioka.
However, the judge noted that Maribe had provided contradictory information regarding Jowie's gunshot wound, which was deemed as giving misleading information to a public servant.
READ: 5 high-profile cases presided over by Justice Grace Nzioka
In light of the ruling, the judge highlighted that it is up to the ODPP to determine the next course of action.
"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 Kimani," said Justice Nzioka.
Jowie Irungu is currently being held in remand and will be sentenced on March 8.