Chief Inspector Maxwell Otieno in cross-examination told Court that investigations proved that Irungu used the gun as an alternative weapon to demand Monica Kimani’s submission moments before he could execute her.
He also told the court that the deceased’s blood was recovered in Irungu’s house and that Mr. Irungu burned the white linen and the grey jacket believed to be the same attire he had put on during the murder.
Further, it is believed that the same gun used by Irungu to shoot himself must have been the same gun used in the late Monica Kimani’s murder.
The Court also allowed the prosecution side to produce Jacque Maribe’s written statement dated September 2018 as an exhibit stating that Maribe did not object to its production before the court.
Further, the Court ruled that the said statement does not amount to a confession by Maribe.
“All the other documents were produced as of yesterday except one which is a statement dated 29 September 2018 written by the second accused person,which statement has been objected by the first accused person on the ground that it is a confession. My understanding of the objection is that it is a confession that implicates the first accused person.
“The prosecution are of contrary view that it is not a confession in the strict meaning of understanding of a statement that ammounts to a confession. So I have been called upon to pronounce myself as a Court on the production, admissibility and or otherwise of the subject statement. My ruling is that that statement was written by the second accused person, not the first accused.
“Owing from that point is that a confession is usually made by the author in relation to an oath. The second accused person who recorded the statement has no objection with it being produced and this court cannot deny her an opportunity to adduce whatever she deems. The upshot of the blueprint is that the statement will be produced.” Ruled Justice Grace Nzioka.
The Chief Inspector told Court that Jacque Maribe opened up and volunteered to speak the truth on what happened on the material night Monica was murdered, she was accompanied by her Advocate to record the statement and she was not coerced to record the statement.
Earlier on, the defense counsel had objected to the production and marking of the statement by the public prosecutor stating that it is a confession successfully pinning Irungu, who is the primary suspect to the murder of the late Monica Kimani.
According to the evidence produced in Court today, the DNA samples collected from Monica Kimani’s house did not show that Irungu was present on the fateful night.
However, statements recorded from all the Key prosecution witnesses have so far pinned and positively identified Irungu and Jacque Maribe as the primary suspects in the murder case.
