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By:
Nancy AGUTU | |||||||||
| Posted:
Feb,09-2024 05:36:37
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Jowie Irungu murdered Monica Kimani, the Court has ruled
Justice Grace Nzioka said Jowie stole the ID two days prior, armed himself with a gun, carried a kanzu and put it over his clothes, gained access to the apartment of the deceased and murdered Monica Kimani.
"Left the house, changed his clothes and eventually went home and burnt the clothes which he wore during the commission of the offence," she said.
"All this evidence taken leaves a strong conclusion that Irungu murdered Monica Kimani."
Nzioka said the prosecution has proven beyond a reasonable doubt that Irungu murdered Kimani.
"The death occurred, cause of the death, the first accused committed the offence. It was not a case of homicide but unlawful. I find Jowie guilty as charged herein of the offence of murder," she said.
Making the ruling on Friday, Justice Grace Nzioka said the prosecution has adduced sufficient evidence and has met the threshold.
"The person who killed the deceased did not intend to give her even one minute to survive. It is my considered opinion and finding that the perpetrator intended instant death," Justice Grace Nzioka said.
Nzioka said the first accused person had a 'know-how on how to kill'.
Justice Grace Nzioka said Jowie knew Monica Kimani before her death.
She said the issue arose because the evidence of the first accused person is, that he did not know the deceased at all before her death.
"It is the finding of this court, that the evidence by the first accused person that he did not know the deceased before her death is untenable, insincere and it is an afterthought and it is false," Justice Grace Nzioka said.
"The court finds that the first accused person was known to the deceased because they were together at Kenya Polytechnic. They were in the same class taking the same course."
Monica’s body was found at her Lamuria Gardens Apartment which is located on Kitale Lane off Denis Pritt Road in Kilimani.
Jowie and Jacque Maribe have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
The justice also said there was corroborative evidence as to the clothes that Jowie Irungu wore when Monica Kimani was killed.
Corroborating evidence is evidence that strengthens or confirms already existing evidence.
The evidence from a witness Pamela indicates that when Jowie left the house, he was wearing a white shirt with patterns, a maroon cap and brown shorts.
"My findings are that there is corroborative evidence as to the clothes that Jowie was wearing on the material date," Nzioka said.
In her ruling, Nzioka also said that Joseph 'Jowie' Irungu was in slain Monica Kimani's house.
The judge said there was enough evidence that Jowie was the last person seen with Monica at her Lamuria Gardens house.
Jowie had accessed the estate Monica lived in using an identity card belonging to another person.
"It is the finding of this court that the first accused person was in the deceased house on the material date and he was the last person to be seen with the deceased. The evidence of the protected witness is that Harun whom he identified on the parade as the first accused person left that house at 23.00 and no one else went to that house," she said.
The two have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
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Source:
The Star
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