The Office of the Director of Public Prosecutions(ODPP) has filed a notice of appeal against the acquittal of former TV journalist Jacque Maribe.
The former Citizen TV News anchor was acquitted by the High Court, in Monica Kimani’s murder case on Friday last week.
In the notice, the DPP’s office stated their dissatisfaction with the ruling that was delivered by High Court Judge Grace Nzioka, noting that they will appeal part of the judgement that let her walk free.
Maribe was the second accused in the murder case.
“Take notice that 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,” reads the notice.
In her ruling on February 9, 2024, Lady Justice Grace Nzioka convicted the first accused Joseph Irungu alias Jowie of murdering the businesswoman on grounds that evidence presented against him proved beyond any reasonable doubt that he was the killer.
He is currently at Industrial Area remand awaiting sentencing on March 8.
During her ruling, Justice Nzioka also said that failure by the prosecution to place Jacque at the murder scene led to her acquittal saying that they, the prosecution, laid the wrong charge against her.
“It’s my considered view that the charge brought against Jacque was not the proper charge. Evidence against Maribe didn’t place her in the house of the deceased on the material night,” the Judge said.
The lady justice however called upon the office of the ODPP to decide on what action to take against the mother of one on the offence of giving misleading information to a public servant.
She noted in her statement that Jacque had been found giving contradictory information on the manner in which Jowie sustained gunshot wounds while recording her statements to the police earlier during the investigation.
“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 Nyawira Kimani on the night of 19th September 2018. The first accused person is convicted on the charge (murder) while the second accused person is acquitted of the charge,” concluded the judge.
MONICA KIMANI murder: DPP Renson Ingonga files notice of appeal against acquittal of former journalist Jacque Maribe. pic.twitter.com/j4sOqU56Dt
— Nation Africa (@NationAfrica) February 13, 2024