The office of the Director of Public Prosecutions will be appealing against a High Court decision that acquitted former TV News anchor Jacque Maribe in the murder of businesswoman Monica Kimani.
The DPP in its notice of appeal says they are dissatisfied with the decision of trial Judge Grace Nzioka that acquitted Maribe in the murder case and they will appeal part of the judgment that set her free.
Maribe was acquitted on Friday last week as her co-accused Jowie Irungu was convicted of the murder.
He is currently at Industrial Area remand awaiting sentencing on March 8.
Judge Nzioka said failure by the prosecution to place Maribe at the scene where Monica was murdered led to her acquittal.
Nzioka in acquitting Maribe said there was no evidence that she ever communicated with Monica.
She faulted the prosecution for preferring the wrong charge against her.
“It’s my considered view that the charge brought against Maribe was not the proper charge. Evidence against Maribe didn’t place her in the house of the deceased on a material night,” the Judge said.
Nzioka stated that the evidence brought against her only relates to September 20, shooting incident involving Jowie in which the court said she is liable for giving false information to the police.
During the defence hearing, Maribe defended herself saying she was with former Nairobi Governor Mike Sonko on a fateful day.
She denied any involvement in the murder of Kimani.
Maribe said she never knew her and had no motive to kill her.
She admitted that her phone went off on the material day but stated that it didn’t mean she committed the crime.
“My relationship with Jowie then was that of cohabitation and helping him to get treatment after he was shot was a constitutional right,” she said.
The Judge in acquitting her said it was the prosecution’s burden to prove her alibi defence.
An alibi defence is showing evidence a defendant was not at the scene when the crime occurred.
Under criminal law, an alibi is a legal defence strategy where a defendant provides evidence they couldn’t have committed the crime because they were somewhere else when the crime occurred.