The ruling on whether former TV anchor Jacque Maribe and her ex-fiancé Joseph Irungu have a case to answer in Monica Kimani’s murder has been adjourned to an unknown date.
Justice Grace Nzioka was expected to deliver the ruling, Friday, on whether the two will be placed on defence or not.
Maribe and Jowie who were accompanied by their lawyers and relatives arrived in court on Friday at 9 am ready to know their fate.
Dennis Itumbi led a group of Maribe's friends to give her moral support at the ruling.
However, after sitting in court for hours with no communication, the registrar came to court a few minutes past 2 pm and said Judge Nzioka was indisposed.
Even though she did not give any further information, she said the court will give fresh directions on the matter in due course.
The court has heard testimonies from 35 witnesses and after considering submissions from the state, Jowie and Maribe, the court will then make a ruling on whether they will be put on their defence or acquitted.
The state had urged the court to put both Maribe and Jowie on defence arguing that there was sufficient evidence adduced to prove that they killed Monica.
Assistant DPP Gikui Gichuhi said all events leading to the murder and subsequent lies made by Maribe to the police show that she planned with Jowie to kill Monica.
“This points to a calculating mind that planned ahead with Jowie to ensure the murder of the deceased,” Gichuhi said.
Gichuhi further said Maribe and Jowie were principal offenders, had a common intention and acted in concert to eliminate the deceased person.
She relied on a Court of Appeal judgement that held that aiding and abetting generally means somehow to assist in the commission of a crime or to be an accomplice.
“It is not necessary that the aider and abettor had knowledge of the precise crime that was intended and which was actually committed, as long as he was aware that a crime would probably be committed, including the one actually committed," the state argued.
On his part, Jowie poked holes into the prosecution case claiming that Monica might have been killed by an unknown man who was at her house that night.
Jowie through lawyer Hassan Nandwa said an officer had told the court that he found the DNA of an unknown male in Monica’s house.
He said the officer from the government chemist said he conducted DNA analysis on the items collected from Monica's house.
“It is this unknown person whose DNA was on the strapping that killed Monica, it's evident from the government chemist that I was not in Monica’s house on that night,” he said.
He also told the court that he had no apparent reason or motive to make him kill Monica.
The two were charged in 2018 for the murder of Monica who was found dead at her house in Lamuria Gardens.
