• Nzioka said the prosecution has proved that the death was unlawful.
• The Judge said the court relied on evidence from an examination by a doctor.
Image: DOUGLAS OKIDDY
Justice Grace Nzioka of the Milimani Law Courts in Nairobi has said that the death of Monica Kimani is a clear case of homicide.
Speaking on Friday as she read out an analysis on Monica's cause of death, Nzioka said the prosecution has proved that the death was unlawful.
The Judge said the court relied on evidence from an examination by a doctor.
"Dr Njenga did not testify to any circumstances that would amount to excusable Homicide. In cross-examination of the doctor by defence counsel, he stated that there was no evidence of strangulation nor a gun or bullet wound and there was nothing unusual in the pancreas, indicating that the blood that was oozing from the nostrils was because the throat was slit at the level of thyroid glands and clarified that the wound would not have been inflicted after death because a person does not bleed after death as it is the heart that causes the bleeding," Justice Nzioka said.
"Pursuant to the evidence of this doctor, it is the finding of this court that the deceased did not die of an accidental or natural cause. Therefore this is a clear case of homicide that falls outside the excusable homicides, And so, the finding of this court is that the prosecution has proved that the death was unlawful."
The judgment had been adjourned twice with the last time Maribe's advocate Katwa Kigen indicating to the court she was unwell.
Jowie is the first accused person in the murder trial of Monica. He was charged alongside Jacque Maribe in 2018.
Monica’s body was found at her Lamuria Gardens Apartment which is located on Kitale Lane off Denis Pritt Road in Kilimani.
The two have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
The prosecution called 35 witnesses who testified against the two.
Although they had denied knowing Monica or being involved in her death, assistant DPP Gikui Gichuki said the evidence they presented in court was sufficient to have them convicted.
Her body was found in a bathtub with her throat slit.
Her hands and feet were tied behind her back and her mouth was taped shut. Police said the murder would have required more than one man to execute.