Former investigative journalist Dennis Onsarigo has weighed in on the verdict that found Joseph Irungu alias Jowie guilty of murdering businesswoman Monicah Kimani.
In the ruling issued on Friday, February 9, Justice Grace Nzioka acquitted the co-accused, former Citizen TV anchor Jacque Maribe, after she ascertained that the prosecution preferred the wrong charges against her.
Onsarigo, who cemented his legacy in media with his investigative series; Case Files aired on KTN poked holes into the guilty verdict.
How Jowie Gained Entry into the Apartment
The former journalist questioned how Jowie managed to gain entry into the Kilimani-based apartment using another person's ID.
"Jowie arrives at Monicah’s apartment disguised as Dominic Bisera Haron (a resident whose ID went missing two weeks prior). Mind made up, he is allowed into the apartment, not as Jowie but as Haron. Did the guard call Monicah to say “Madam Haron is here, may he come in?” to which Monicah replied “Give him the phone, I talk to him” only to find it Jowie and allowed him to come up?" he posed.
"Or did the guards - assuming one or two were on duty the past few days when Jowie visited - realise he is posing as Haron and just let him in? The ID, did it have Haron’s face? Or was it Haron’s but with Jowie’s mugshot?"
The court, however, ruled that the theft of the ID card and subsequent use on the said day pointed out to a premeditated plan.
"The question that arises whether the first accused stole the ID card or it is by coincidence that the card was stolen from the estate where he was staying and was later used at the apartment by a person wearing the same clothes inter alia; a maroon cap, white kanzu which witnesses testify were the same clothes the first accused was wearing," read part of the ruling.
The Presence of Two Other Men
Further, Onsarigo pointed out that Monicah allowed Jowie in the apartment, despite being in the company of other men.
He wondered whether a suspect with a murder motive would risk being identified by other people.
According to Onsarigo, this would have jeopardised his chances as the other men would easily place him as the last person to be seen together with the deceased.
In the court ruling issued by Justice Nzioka, the judge stated that Jowie was the last person seen with Monicah. She cited The Doctrine of Last Seen which states, "The person who is last seen in the company of another who is later found dead, is called upon to explain the circumstances under which the deceased met his or her death."
Monicah Doesn't Show Any Signs That She is in Jowie's Presence
Onsarigo highlighted that the men interacted together at the apartment, with Jowie making hilarious jokes about the country's data system. Moments later, the other men left the apartment.
Ten Minutes Timeframe
The former journalist wondered how the whole plot could be carried out within ten minutes, as also questioned by Jowie's defence team.
Jowie's lawyer poked holes in how he could have managed to tie up Monicah, lead her to the bathroom, light candles around the bathtub, and then slit her throat ear to ear.
"Not a single drop on his kanzu, no resistance, he walks out of the house exactly after ten minutes, walks past the nightguards but not before telling them “goodbye soldiers."
Justice Nzioka disputed the ten-minute timeframe, noting that there was an error when the guard entered Jowie’s entry and exit time.
The prosecution also highlighted the Kanzu argument, arguing that Jowie carried extra clothes, particularly a white Kanzu which he wore before going to the deceased's house and changing, hence pointing out a reason for carrying the said clothes to commit the offence.
DNA Trail
The former Nyamira County Chief of Staff also presumed that the ropes used to tie Monicah had DNA of two other people and Jowie, questioning how the judge did not probe the evidence further.
Instead, according to Onsarigo, the judge noted that the convict was charged with committing the crime alongside other people.
In any case, the DNA of the two men was not found on the body of Monicah and thus did not connect them to the murder!”
"The judge agreed with him that indeed the DNA belonged to two other people and that is why he was charged before a court of law as having committed the murder with 'other people before the court'," Onsarigo pointed out.
"Jowie’s DNA was not found on Monicah’s body and this gets me thinking what if his DNA was found on a glass in the house? Could the judge have said he is innocent because it wasn't discovered on her remains?" he wondered.
Jowie, whose bond was cancelled, is set to be sentenced on March 8, 2024.
