Failure by the prosecution to place former TV news anchor Jacque Maribe at the scene where Monica Kimani was murdered led to her acquittal.
Justice Grace 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,” said the Judge.
Nzioka stated that the evidence brought against her only relates to the 20 September shooting incident involving Jowie Irungu in which the court said she is liable for giving false information to the police.
During the defence hearing, Maribe defended themself saying she was with former Nairobi Governor Mike Sonko on a fateful day.
She denied any involvement in the murder of Kimani. She 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.