The High Court in Nairobi has postponed hearing of businesswoman Monica Kimani’s murder case after one of the accused persons, journalist Jacque Maribe, fell sick.
Judge Grace Nzioka yesterday postponed the trial to July 18, 2022 after Ms Maribe’s defence lawyers said she could not attend the court proceedings because of an illness.
The court heard that she was hospitalized at Imenti Medical Centre Nairobi and she was being observed by doctors.
“She has been appearing in court without fail and has been traumatized by this case as indicated earlier. Give her a benefit of doubt,” said defence lawyer Prof Hassan Nandwa.
The case prosecutor, Wangui Gichuhi, wanted court to issue a warrant of arrest against Ms Maribe on grounds that the details about the said illness were scanty.
“We sympathize with her position but it has put us in a difficult position because no document in relation to the illness or the manner of treatment,” said Ms Gichuhi.
She indicated she was ready to proceed with the trial and that the lead investigating officer of the murder incident, Chief Inspector Maxwell Otieno, was set to continue with his testimony.
Ms Maribe together with Mr Joseph Irungu alias Jowie are accused of killing the businesswoman on September 19, 2018.
She was found dead at her house in Lamuria Gardens Apartment in Kilimani, off Dennis Pritt Road. Monica had just arrived from Juba South Sudan, where she was doing business.
In the previous court proceedings, the investigating officer tabled various pieces of exhibits in court in an attempt to link the accused persons to the murder.
Mr Otieno also told court that Mr Irungu changed clothes twice while the journalist’s place and at the slain trader’s.
He said detectives drawn from the homicide section confiscated and investigated more than 40 items including clothes, swabs of blood substances, DNA samples, a firearm and bullet.
The officer produced seven pieces of clothes and one live ammunition recovered from at Ms Maribe’s house in Royal Park estate.
The items include a Khaki Short (brown in color), one brown short sleeved T-shirt, a grey leather jacket, a grey complete suit, a blue/white jacket, a Nike shoe and a beige jacket.
During the search in the house, the officers also recovered one live ammunition of caliber nine millimeters under the bed.
“Officers from Kilimani police station were also present with Jowie in the house. We were informed he had a sling in the left arm and made inventory to state the items we recovered. After the search, we dropped back to DCI Kilimani,” said Mr Otieno.
Asked why they did an inventory of the items recovered, the witness said they were looking for evidence to connect Mr Irungu to the crime that had occurred.
“We were looking for evidence of clothes he was wearing that day. We were subjecting the evidence to investigations. The information we had received was that he was at some point putting on a khakis greyish trouser, a darkish T-shirt, red cap and a white Kanzu. At some point while at Lamuria he was wearing a Kanzu and a greyish jacket,” said the witness.
According to the Prosecution witness, Mr Irungu visited Monica at her house shortly after she arrived from South Sudan. He was dressed in a maroon cap, a grey coat and a white kanzu and that she introduced him to her neighbor as a security person.
The witness added that the investigating officers made an inventory of one maroon cap, one mobile phone (iphone 8 plus) belonging to Mr Irungu and a motor vehicle of Ms Maribe.
“I was informed that the identified motor vehicle was the one used by Jowie to a vicinity close to murder scene. From Roadhouse Grill drove through a place towards Lenana where there are taxi. He took a taxi which drove him to Lamuria Gardens,” said Chief Inspector Otieno.
He stated that in another inventory dated September 25, 2018 he was handed by the investigators postpartum form. It indicated the businesswoman had a severe neck injury due to sharp forced trauma.
Samples collected for DNA included blood, virginal swab, liver, kidney taken for toxicology, nails and hair, all taken from Kimani.
“On September 26 I was also handed over the exhibit memo prepared by officers from Kilimani Police forwarding the exhibits to government chemist. A request was made for full toxicology and DNA Analysis. We also did a request to DCI Kilimani for the vehicle to remain at the parking yard for full analysis,” he stated.
From the car the investigators picked 22 items for forensic examination, said Mr Otieno. The officers picked swabs from the steering wheel, from gear and rear belt seat.
They also picked a pair of brown ladies’ shoe, black hairband, black wooven gloves,one piece of black socks, black/white wooven glove, a pair of weave and a pillow case.
“These were the items recovered from the car to subject them to forensic examination in terms of DNA in anything that will relate and assist the investigations,” he stated.
From the slain woman’s house in Lamuria Gardens, he said the officers collected various exhibits and collected a total of 17 items.
They include swabs of blood substance inside the house which was forwarded to government Chemist. They also picked plastic bottle and a navy blue shirt.
