The director of public prosecution (DPP)has filed a notice of appeal against the High Court’s verdict that acquitted former television presenter Jacque Maribe in the murder case of businesswoman Monica Kimani.
The DPP’s office expressed dissatisfaction with the decision made by High Court judge Grace Nzioka last Friday.
"Take notice that the Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on the 9th of February 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person," stated the Senior Assistant Director of Public Prosecutions O.J. Omondi.
Maribe was acquitted on Friday last week as her co-accused Jowie Irungu was convicted of the murder.
Judge Nzioka said failure by the prosecution to place Maribe at the scene where Monica was murdered led to her acquittal.
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Nzioka in acquitting Maribe said there was no evidence that she ever communicated with Monica.
She faulted the prosecution for preferring the wrong charge against her.
“It's my considered view that the charge brought against Maribe was not the proper charge. Evidence against Maribe didn't place her in the house of the deceased on a material night,” the Judge said.
The judge however pointed out that Maribe had been found to have given contradicting information while recording her earlier statements on how Jowie sustained a gunshot wound, terming the offence as giving misleading information to a public servant.
In this regard, the judge noted that it is upon the office of the Director of Public Prosecutions (ODPP) to decide on what action to take.
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