A showdown between journalist Jackie Maribe’s lawyers and the prosecution is expected in court today over the State’s alleged failure to comply with court orders.
Ms Maribe, who is facing murder charges, filed a contempt of court application, arguing that had not been allowed access to her house.
The journalist claimed she had to beg for clothes and accommodation as her house remained secured as a crime scene. She added that she was going without medication and had to borrow a mobile phone.
Maribe also claimed she had not been supplied with crucial witness statements and supporting documents to enable her to argue her defence.
Maribe’s mobile phone and car were confiscated as part of investigations into the murder of Monica Kimani. Investigators claimed that Maribe's co-accused and fiance Joseph Irungu alias Jowie used the car.
She claimed the Directorate of Criminal Investigations and the office of the Director of Public Prosecutions had remained silent despite persistent efforts to seek an explanation.
“The respondents, particularly the lead representative for the second respondent (DPP) Catherine Mwaniki and third respondent (DCI) Chief Investigator Maxwell Otieno, were present in court when the orders were made. They were hence aware of the orders and they participated in the consultations and discussed how best they could comply whilst in court prior to the court capturing it in its records as an order,” the application that was filed in court yesterday read.
Maribe wants the court to disqualify Ms Mwaniki from prosecuting the case or in the alternative bar her from approaching the bench until the contempt was purged.
She also asked Justice James Wakiaga to jail Mwaniki and Mr Otieno for six months for disobedience or fine them Sh200,000 each.
Maribe, through lawyer Katwa Kigen, said the State was reluctant to supply the required documents because there was no evidence linking her to the crime.
“The materials will show the unjust malice against the applicant in being charged for public spectacle than for the merits and any culpability in the case,’’ the application read.
Maribe claimed that she wrote three letters, dated November 12, 16 and 20, and made calls to investigators to follow up on the supply of the documents and inquire about her items, but she did not get an answer.
The journalist added that her lawyers personally went to DPP Noordin Haji’s offices and those of the DCI, but they did not get any help.
On her mobile phone, Maribe claimed that she even suggested that the investigators keep the handset but allow her to re-obtain her number, her contacts, and all related accessories pending completion of any forensics on the telephone. This has not been forthcoming.
“There has been no commitment on the said prosecution documents, handover and or position of the handover of the house, motor vehicle and telephone. In the result the second accused is being subjected to persecution in place of prosecution. No conceivable and/or good reason exists why the applicant cannot be given her car and her telephone,” Mr Kigen said.
According to the lawyer, 52 days have passed since the murder of Ms Kimani.