DPP: We've proved case against Jowie, Maribe

Jowie and Maribe, through their lawyers, argued that the prosecution has failed to discharge the burden of proof and asked the judge to set them free. [Collins Kweyu, Standard]

The fate of Joseph Irungu alias Jowie and Jacqueline Maribe in the murder case of businesswoman Monica Kimani now lies in the hands of the court after the prosecution asked a judge to find they have a case to answer.

Senior State Prosecutor Wangui Gichuhi, after final submissions, said they have proved beyond a reasonable doubt, through evidence backed up by witness testimonies, that Jowie and Maribe killed the trader on September 19, 2018.

"We are asking the court to find that the two have a case to answer and place them on their defence. The evidence proves they jointly had a common intention to kill Ms Kimani after which they engaged in an elaborate plan to cover up the murder," said Gichuhi.

In her submissions, Gichuhi, singled out five issues to convince the court that the two unlawfully caused Kimani's death, had a common intention to kill and were positively identified by witnesses.

She submitted that Jowie was positively identified by several witnesses as the last person seen at Kimani's house which was confirmed by DNA analysis of blood samples from his shorts.

Further, she stated that Maribe, who at the time was dating Jowie, was aware of the killing by giving him her vehicle to use in the murder before trying to conceal the crime by lying to the police and burning clothes to destroy evidence.

According to the prosecution, Maribe conspired with Jowie to create a false narrative that they had been attacked by robbers while entering their house at Royal Park Estate in Langata when Jowie had shot himself to cover up his actions.

"At no point did she provide information to the police about the murder incident only to be seen on Citizen TV the following day announcing the sad death of Ms Kimani when she was fully aware of what had happened," said Gichuhi.

Gichuhi said the report from the government chemist proved that Kimani's blood samples were found on Jowie's clothes and that his phone data placed him at the scene of the murder.

But Jowie and Maribe, through their lawyers, argued that the prosecution has failed to discharge the burden of proof and asked the judge to set them free.

Lawyer Hassan Nandwa said there was no evidence that Jowie caused the death of Kimani and that the prosecution is using a wrong theory that he killed the businesswoman merely because he was the last person seen with her.

Justice Grace Nzioka will deliver her ruling on whether the two have a case to answer.