• Lawyers in murder trial where Joseph Irungu and Jacque Maribe suggest that the slain businesswoman Monica Kimani could have died due to starvation.
Image: EZEKIEL AMING'A
Joseph Irungu, alias Jowie's lawyers have suggested businesswoman Monica Kimani could have died due to starvation.
Irungu and journalist Jacque Maribe are accused of murdering Kimani.
The two on Tuesday took fresh pleas before High Court Justice James Wakiaga after the prosecution amended Irungu’s name to include the alias Harun.
Initially, the charge sheet only had Joseph Irungu, alias, Jowie.
Once again, the two denied killing Monica in her apartment at Lamuria Gardens on September 19, 2018. Irungu’s lawyer Hassan Nandwa argued that since a postmortem carried out on Monica’s body result did not record whether or not there was food in her stomach; it is possible that he could have died of starvation.
Nandwa went further to allege that the cut found of Monica’s neck could have been caused after her death.“Did you open her esophagus to ascertain the food Monica took that day? Did you open her stomach? Could we suggest that the cause of her death was because there was no food in the stomach?” the lawyer questions the pathologist.
In his response to the defence lawyer, a pathologist who carried out an autopsy on Monica’s body informed court that it is not possible for a dead body to bleed.“There was bleeding, dead body does not bleed. She had a visibly slit throat and blood oozing from her nose,” he said. A pathologist, Dr Peter Ndegwa, conducted a postmortem on Monica’s body in September 24, 2018 at around 4.30pm at Chiromo mortuary.
He said Monica died as a result of an incisive wound caused by a sharp object used correctly.On her body, Monica also had bruises going around her wrist. Both her wrists were tied using sealing straps.
“The body belonged to a 28year old, in a wet, blood stained maroon and white bed cover. She was dressed in a blue and green free flowing dress,” he said.
Appearing before High Court Justice James Wakiaga, the prosecution led by Catherine Mwaniki opened the hearing by informing the court who Monica was, a matter that frazzled the courtroom.
Maribe’s lawyer Katwa Kigen objected to the opening remarks stating that it was not important for the court to know who Monica was as the issue was to find out if the accused people are guilty or not of her murder.“Whether she was a beauty or not is not the issue here, the issue is about whether or not the accused are culpable,” argued Kigen.
He explained that content presented in court for an opening address is designed to highlight to the court how the prosecution demonstrate that the accused people are guilty.“It doesn’t require that court gets to know what kind of person was killed. The line that the DPP has taken, is a waste of resources. The prosecution has already spent 20mins,” he added.
Justice Wakiaga agreed with the defence on what constitutes an opening statement before eventually allowing Mwaniki to continue, paying attention to time.“I have reached that age where I no longer care. Do you do this to every witness or is it just Monica,” he questioned the prosecution.