DPP consents to release of Maribe's car

The DPP has consented to the release of TV journalist Jacque Maribe's car in the Monica Kimani's murder case.

State Counsel Catherine Mwaniki told Justice James Wakiaga that they had consented with the defense to use photographs of the car as evidence in their murder case.

Maribe on Wednesday withdrew an application she had filed seeking to compel the DPP’s office to release her car.

Lawyer Katwa Kigen told the court that after consultations they had decided to withdraw the application for the release of her Toyota Allion.

At the same time, Joseph 'Jowie' Irungu who was charged alongside Maribe with the murder of Kimani also withdrew his application for the bail.

Last week the prosecution had maintained that they would not release her vehicle to her because it forms part of the evidence to be used in their case.

In an affidavit, Investigating Officer Maxwell Otieno said the vehicle was to be relied on during the prosecution’s case.

“The IC3 Cameras placed the vehicle and the mobile phone handsets at places of interest in our investigations,” he claimed.

Last year, Maribe filed an application, seeking to have the DPP cited for contempt for failing to avail all materials the prosecution intends to use. They include her house, vehicle and mobile phone.

But Otieno maintained that if the phone and the vehicle are released to Maribe, there is a high possibility she will destroy the prosecution’s evidence before it is submitted to the court.

Maribe had sought to have prosecution counsel Catherine Mwaniki disqualified from the case.

However, Otieno said the DPP cannot be told who should or should not prosecute any criminal matter.

Last year Maribe and Jowie both denied the murder charges.

Maribe was released on Sh1 million bail while Irungu was kept in custody.

The case will be mentioned on May 7.