Reprieve for Maribe as court grants her bail, remands Irungu

Jacque Maribe and her fiance Joseph Irungu in court. [Photo: Courtesy]

The High Court has released Monica Kimani murder suspect Jacque Maribe on bail.

Justice James Wakiaga released the Citizen TV anchor on a Sh2 million bond and barred her from reading news or conducting interviews on matters related to the case.  

Justice James Wakiaga said Maribe is presumed innocent until proven guilty. He rejected request by the prosecution to remand Maribe on grounds that she is a person of influence who can interfere with the witnesses.

Justice Wakiaga noted that the prosecution had not satisfactorily demonstrated how Maribe is a flight risk, and that she had co-operated with the court and has shown no signs of intimidating the witnesses.

The court however, denied her fiancé and co-accused Joseph Irungu bail on grounds that he was likely to abscond trial and flee the country besides intimidating witnesses. Irungu will therefore remain in custody throughout the trial.

Justice James Wakiaga said Irungu has traveled and worked in Dubai, and has relatives there who can aid his escape.

He said that Irungu has portrayed himself publicly as a gun lover hence his actions can intimidate witnesses.

The court pointed out that Irungu having shot himself remains a danger to himself and the public. And, that his supervision can only be achieved through protective custody.

Exhibits

Through lawyer Katwa Kigen, Maribe requested the court to instruct the prosecution to hand back her phone and car, arguing that the forensic investigation were complete. However, Public Prosecutor Catherine Mwaniki objected saying that forensic investigations were still on.

“Personal effects will be released once produced before the court as exhibits, and that includes her motor vehicle,” Mwaniki said.

The Prosecution said that it would be prejudicial to release the items because phone data will be used as exhibit in the trial of the case.

Lawyer Kigen told the court that Maribe did not object terms procedures set to surrender her house; which will include gathering all the evidence first before clearing her.

Irungu has been allowed to access treatment at the Kenyatta National Hospital where the family will be allowed to chip in for his help. The family will access on November 28, 2018 and has the liberty to choose a specialist.

Mwaniki has been granted 5 to 14 days to give the defence team all the materials pertaining to the case. This is after lawyer Katwa Kigen raised an issue that some unnamed people maybe accessing phones of the accused, reading their whatsapp messages contrary to court orders.

Maribe and Irungu were on Wednesday last week charged afresh with the murder of the 28-year-old businesswoman at her Lamuria Gardens Apartment in Kilimani Area, Nairobi County on the night of September 19.

She has been held at Lang'ata Women's Prison while Irungu has been remanded at Industrial Area Prison.

 In her application to be granted bail, Maribe denied any involvement in the murder of Monica and pleaded with the judge to consider the welfare of her four-year-old child who stands to suffer if his mother is locked up during the trial. According to Maribe, there are no convincing reasons that would justify denying her bail. She said that she has co-operated with the law enforcers and the court throughout the investigation.

Maribe has also been ordered to avoid any contact with prosecution witnesses, and that she will only be allowed back into her Lang'ata home after the investigation officers have gathered enough evidence from her home.

Through his lawyer Cliff Ombeta, Irungu also argued that he would not abscond court hearing and that the prosecution had not given any compelling reason to warrant denying him bail.

The Public Prosecutor Catherine Mwaniki had requested the court to detain the two on grounds that the witness protection had not been accomplished. Mwaniki had added more suspects in the case, making the court to order the suspects to take fresh plea.

Additional reporting by Paul Ogemba