Photo Nairobi Life
Update: The High Court has adjourned the case involving the murder of businesswoman Monica Kimani after former Citizen TV anchor Jacque Maribe failed to appear in court, citing illness.
Lady Justice Grace Nzioka noted that all parties must be physically produced in court as a measure of the integrity of the judicial system.
Owing to the new developments, she pushed the judgment to Friday, March 15, 2024.
"There's no provision for virtual today and if you tell me you're unwell, I don't know where you are. The integrity of the court proceedings must be observed. I would rather have an open court appearance," she explained.
"When do we deliver this judgment? I have looked at my diary. The court is not available for the whole of January and February."
"I have taken time off the course from February 8 to March 8, 2024, to write judgments. I am willing to say that all parties are to be available for March 15, 2024. I will need adequate time to deliver this judgment," she added.
The High Court had ordered Maribe to be produced in court before it issued a ruling on the murder of businesswoman Monica Kimani.
Justice Lady Grace Nzioka gave the orders on Friday after the first accused, Joseph Irungu alias Jowie appeared in court.
Reports stated that Maribe claimed to be on her way to the hospital after allegedly falling ill. However, the judge did not buy her claims, in what was perceived as a decoy and delay tactic by her defence lawyers.
The judge is set to rule on whether Maribe and Irungu are guilty or not guilty before setting a date for issuing her final verdict.
Last month, Justice Lady Grace Nzioka postponed the ruling, citing that she received exhibits a few hours before the judgment and hence limiting her time to prepare the verdict.
Since Kimani's murder in September 2018, the case has attracted nationwide attention with observers calling for justice for both the businesswoman's family and the suspects.
In previous court proceedings, the prosecution lined up over 44 witnesses after the duo was charged on October 15, 2018, with Kimani's murder.
The prosecution argued that the two had a common intention to eliminate the victim. Lead prosecutor Gikuhi Gichuhi noted that analysis from the findings proved that the businesswoman's blood samples were found on Jowie's clothes.
Further, he argued that Jowie's phone records placed him at the crime scene on the night of the murder.
However, defence lawyers, led by Professor Hassan Nandwa and Katwa Kigen, argued that the prosecution relied on circumstantial evidence to accuse the two suspects.
Lawyer Kigen argued that none of the witnesses implicated Maribe in the crime and no direct evidence linked her to the murder.
On the other hand, Nandwa claimed that prosecutor Gichuhi used a false theory to claim that Jowie had an ulterior motive for committing the crime.
