Joseph Irungu aka Jowie on December 6, 2022, admitted to having a romantic affair with slain businesswoman Monica Kimani, whom he is accused of killing on the night of September 18, 2018.
In submissions filed before court through his lawyer Hassan Nandwa, Jowie explained that he used to hide while visiting Monica at her apartment in Lamuria Gardens.
Jowie claimed that he used to dress in a kanzu while visiting Monica because her apartment was close to Citizen TV offices where his fiancée at the time Jacque Maribe used to work.
“It was very logical for the accused to go dressed in a kanzu while visiting his girlfriend, Monica, at Lamuria Gardens, a few metres from where his fiancée (Jacque Maribe) was working, to disguise himself from being suspected of infidelity,” reads Jowie’s submissions.
Jowie asked the court to dismiss the case against him arguing that he had no apparent reason or motive to kill Monica, a friend whom he had a good and healthy relationship with.
Jowie is charged alongside Maribe with the murder of Monica.
According to Jowie, Monica was killed by an unknown person whose DNA was found on the strappings used to tie her mouth.
In his submission, Jowie argued that the Government Chemist, in his testimony, stated that he conducted DNA analysis on the items collected from the house of the deceased, which included samples from glasses, fridge, clothes, left-over food and gloves found in the bathroom — and the conclusion was that Jowie’s DNA was not present on any of those items.
“In his report, he made six conclusions, among them that an empty Tusker beer can contain DNA of an unknown male and the strapping used to cover the deceased’s mouth contained her DNA and that of an unknown male; who is not accused. It is worth noting that the strappings were found in the bathroom where the deceased body was found in the bath-tab, and the same was used to cover the deceased’s mouth,” Jowie’s lawyer said.
Jowie argues that Monica was cohabiting with a Sudanese man who is presumed to have had access to her house and no evidence was tendered in court to show he was not in Kenya on the material day.
According to Jowie, the Sudanese might have had a motive after seeing a message written by Monica to one Antony Kaaka, asking him to come and “help her sleep”.
“If the said message could have been seen by the said Yasir, it could have prompted a fight leading to her death,” he argues.
On the issue of Monica’s blood on his brown short, Jowie argued that when the pair of shorts were recovered from Maribe’s house and an inventory made, no blood dot was observed and no remark was made about that.
Meanwhile, the Director of Public Prosecutions (DPP) in his submission to court on December 9 said that Jowie planned with Jacque Maribe to murder Monica Kimani.
In their submissions filed in court, the prosecution asked the court to find both Maribe and Jowie a case to answer for the murder of Monica.
Assistant DPP Gikui Gichuhi said that all events leading to the murder and subsequent lies made by Maribe to the police showed that she planned with Jowie to kill Monica.
Gichuhi noted that Maribe and Jowie were principal offenders, had a common intention and acted in concert to eliminate Monica.
The prosecution also told the court to consider the fact that Maribe made no attempt to disassociate herself from the actions of Jowie and instead helped him to burn evidence.
“The demeanour of Jowie and Maribe should also be taken into account at the time of investigations which entailed giving false information to the police to during the trial where the accused in some cases missed court proceedings or did not comply with bail conditions granted,” Gichuhi claimed.
The court was also told that Maribe also ensured that Jowie had the transport, a menacing weapon and the opportunity to cause Monica’s death.
The prosecution also asked the court to note that Maribe assisted Jowie to burn evidence outside her house and according to the state she knew Jowie had gone to Monica’s house that night.
“Maribe knew that Jowie had gone to the home of the deceased on the night of September 18 and went as far as announcing the sad news on Citizen TV on August 20 2019 knowing full well what had happened,” the prosecution told the court.
Gichuhi further stated that at no time did Maribe provide that information to the police in any of her statements or give the true nature of how Jowie sustained injuries in her house.
The DPP stressed that the prosecution has proved reasonable doubt that Maribe and Jowie jointly murdered Monica.
“We urge the Court to place Jowie and Maribe on their defence as the prosecution has discharged its burden of proof in respect of each accused person and the Court should hold that they have a Case to Answer,” Gichuhi stated.
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.
Related: Jacque Maribe’s Statement Throws Jowie Under The Bus As Prosecution Seeks To Nail Him
