Maribe, Jowie to spend seven more days in custody as court warns media against prejudicial reporting

Monica Kimani murder suspect Jacque Maribe in the dock: She has been remanded until October 24 when the court will hear her application for bail. The same applies to her co-accused and fiance Joseph 'Jowie' Irungu. [Beverlyne Musili, Standard]

Suspects in Monica Kimani murder case Jacque Maribe and her fiancé Joseph Irungu will remain in police custody until Wednesday, October 24 when their application for bail will be heard, Justice James Wakiaga  has directed.

The judge granted seven days to the prosecution team to prepare bail report and share it with the defence team by Tuesday, October 23.

Joseph Irungu's lawyer Mugambi Laichena told the court they will file a supplementary affidavit in response to prosecution’s argument that the accused should not be released on bail.

Lawyer Mugambi Laichena has been granted the opportunity to file the supplementary affidavit on behalf of Irungu.

Appearing for Jacque Maribe, Lawyer Katwa Kigen however hinted at the possibility of filing more affidavits if need be.

Public prosecutor Catherine Mwaniki also hinted at making another submission on the case.

Justice Wakiaga allowed Joseph Irungu to be taken to Kenyatta National Hospital for surgery as per guidance by the clinic at Industrial Area GK Prison.

When the prosecutor was asked for a rebuttal on order; Mwaniki said that her office had no problem since the accused had been treated at KNH.

Jacque Maribe (in yellow) and Joseph Irungu (in black to her left) at the Milimani Law Courts. [Photo: Courtesy]

Warning

Meanwhile, the court has warned the media against sensational reporting saying that such would jeopardise the case.

“I’m an old school judge and I do not like it when I’m influenced before I hear a case…media should guard against what to put out,” he said.

He asked the public prosecutor whether his team had been leaking sensitive details of the case to the media. However, Mwaniki said she was not aware who has been talking to the media. She lamented that some media reports could water down their case against the two suspects.

On Monday, Justice Jesse Lesiit directed that the victim’s family had up to the morning of Tuesday, October 16, to file an affidavit seeking to bar release of the two suspects on bail, which application wouldbe served to the defence team and heard on Wednesday.

Maribe is being detained at the Langata Women Prison while Irungu is held at the Industrial Area Remand Prison in Nairobi.

Jacque Maribe was declared mentally fit to take plea following a court ordered assessment.

Last week Justice Lesiit cleared Irungu to seek medical attention for treatment of a bullet wound on his chest.

Last Thursday another suspect, Brian Kasaine was released and ordered to report to police once a week.

The prosecution is lining up over ten witnesses to solidify the case.

Previous cases

High judge James Wakiaga is taking up Monica Kimani’s murder case having presided over various famous cases. On February 3, 2018, he presided over lawyer Miguna Miguna’s case where he ordered that Miguna be brought to court so that he can be charged.

 In the same case, he ordered Inspector General of Police Joseph Boinet to appear in court on Monday, February 5, to explain why police had detained Mr Miguna contrary to prior orders that he should be taken to court to take plea.

Two months later, on April 6, 2018, Justice Wakiaga jailed Githurai-based policeman  for 15 years for murder.

“I decline to accept the argument that Katitu was loved by residents for his resilient in fighting crime because justice does not recognize popularity,” said Justice Wakiaga, while sealing the fate of Titus Musila.

On April 13, 2018, he presided over another murder case. This time about Naomi Wamaitha Njeri, a house help who was accused of poisoning her two children, consequently killing one of them after being dumped by her husband.

However, she was not to serve the entire sentence. She was to serve only for three years.

 Justice Wakiaga ruled: “I have taken into account the fact that she has been in remand custody for five years, and the fact that our prisons now have rehabilitation and reform programmes which benefit convicts. That is why she will only go for three years to continue with rehabilitation.”