The prosecution has officially closed their case in the murder of Monica Nyawira Kimani.
Both Jacque Maribe and Jowie Irungu the accused persons in the murder will know their fate on February 10,2023.
The prosecution today during the highlighting of the submissions maintained that Jowie Irungu was placed squarely at the murder and that the cover up story by Jaque Maribe was a contradicting testimony intended to divert investigations.
The ODPP said that circumstances under which Irungu used Maribe’s car and the Khaki short recovered from his house is corroborative to the prosecution witnesses testimony.
ODPP said that the conduct of both accused persons was brought up during the prosecution case that indeed they had thought up about the crime and chose to give contradicting testimony to cover up the whole truth
According to ODPP, the 10th Prosecution witness confirmed that indeed Irungu was well known to the deceased and that on the morning it was confirmed that Monica was dead,Irungu had tried conducting her.
“We are of the view that the prosecution has proved their case beyond reasonable doubt that indeed the accused persons did commit the offence of murder and should be placed at their defense.” said the ODPP.
Further, ODPP maintained that Irungu had enough time at Lamuria Garden to commit the offence of murder and thereafter vacate the premises, this evidence according to ODPP is corroborated by the prosecution witnesses.
The 28th Witness confirmed that the identification parade was done in appropriate manner, the 9th witness stated that he was able to use forensic analysis to identify the presence of Predose chemical found in the blood discovered in the short recovered at Irungu’s House.
ODPP said both Irungu and Maribe acted jointly to execute Monica, “as a conspiracy, the second accused (Maribe) need not to know the deceased as the conspiracy might have been started by the first accused person (Irungu)with the second accused joining at later stages, and this is corroborated by the fact that the first accused person used the second accused person’s vehicle to advance the action of murder, she chose to mislead the investigation team and create an alibi for the first accused person, there is the act of flashing the evidence in a toilet which amounts to abating the offence, it is a blatant disregard that a life was lost and as a result, the intention was one, to be conspirators, they acted in cahoots to murder Monica Nyawira Kimani” submitted the prosecution.
The defense on the other hand pleaded with the trial Judge to acquit the accused persons stating that the prosecution relied on circumstantial evidence which should not stand in a court of law.
Defense said that the evidence adduced by the prosecution should be in such a way that a properly constituted tribunal should convict the accused persons without the need of an explanation.
“What this court should ask itself is, who caused the death of Monica Nyawira Kimani, the prosecution has pointed out that a person came to the gate at 8pm and visited Monica Kimani, the prosecution want this court to believe the evidence by the 11th witness that he was with the first accused person in the house of Monica Kimani at the fateful night and because the first accused person was left with the deceased in the house,he must have as well caused the death of Monica…,” said prof Nandwa acting for Jowie Irungu.
“The evidence provided by the prosecution is circumstantial and as a result it can only be relied upon if it was positively linking the accused persons to the scene, I therefore urge this honorable court to acquit the accused persons for lack of evidence.” concluded Prof Nandwa.
The Court is expected to give a ruling on February 10,2023 to determine whether Irungu and Maribe should be put on their defense or not.
