Joseph Irungu alias Jowie has been found guilty of the murder of Nairobi businesswoman Monica Kimani which occurred in 2018.
While delivering her judgment on Friday, Lady Justice Grace Nzioka noted that the prosecution had proved to the court that the security personnel committed the offence.
"It is the finding of this court that all this evidence taken cumulatively leads to a strong conclusion that the first accused person murdered the deceased," ruled Nzioka.
"Therefore, it is the finding of this court that the prosecution has proved beyond reasonable doubt all the ingredients of the offence of murder, the death that occurred, the cause of death and the person who committed that offence. It was not a case of homicide, It was unlawful. Therefore I find the first accused person guilty as charged herein of the offence of murder."
The court determined that Jowie (the first accused) indeed knew the deceased before her death. Jowie, in his defence, had however told the court that he had never met or known the deceased.
Based on the testimony of Kimani's brother and cell phone record, the Justice determined that Jowie had known the deceased before her death. Kimani's brother told the court that they spent a night at the deceased home on August 30, 2018.
"The 1st accused (Jowie Irungu) claimed he did not know the deceased at all. George Kimani, the deceased’s brother submitted that Jowie and Monica Kimani were in the same class in 2002 taking the same course in hotel and beverage management," the judge stated.
Regarding who was last seen with the deceased, the court agreed with the prosecution's evidence that the security personnel was the last person to be with the businesswoman before her death.
"When the Doctrine of Last Seen is applied, the law presumes that the person last seen with the deceased was responsible for their death, and the accused is supposed to present an explanation of what happened," she stated.
Similarly, Justice Nzioka agreed with the prosecution's aspersions that Jowie used a gun to intimidate the deceased before her death.
On the other hand, forensic evidence established that the blood stains on Jowie's shorts belonged to the businesswoman.
Further, the judge cancelled Jowie's bond and directed that he be held in police custody until March 8, 2024.
Former Citizen TV News Anchor Jacque Maribe, on the other hand, was acquitted of any wrongdoing.
Cause of Monica Kimani's Death
There was an irregular inversive wound on the neck caused by a sharp object when Kimani was found dead inside her apartment.
Additionally, the Court revealed that there were bruises on the wrists of both legs.
According to the Court, the person who murdered the businesswoman had military-like training and intended instant death.
