- Justice Grace Nzioka ruled that there was no doubt Jowie killed the businesswoman on September 19, 2018.
- After calling 35 witnesses, Nzioka said evidence adduced before court by the Prosecution was sufficient to reach a conviction.
Image: THE STAR
The corridors of justice have been busy grounds through the week from dealing with public interest cases like the detainment of suspects in Embakasi explosion to convicting Joseph Irungu alias Jowie in the Monica Kimani murder.
His co-accused journalist Jacque Maribe was acquitted in the murder case and so was former Nairobi Governor Mike Sonko set free in a Sh357m graft case.
The courts also suspended payment of school fees via eCitizen.
Jowie convicted in Monica Kimani murder, Jacque Maribe set free
Although the judgment came at the tail-end of the week on Friday, February 9, the conviction of Joseph Irungu alias Jowie in the murder of Monica Kimani tops the highlight of happenings in courts.
Justice Grace Nzioka ruled that there was no doubt Jowie killed the businesswoman on September 19, 2018.
After calling 35 witnesses, Nzioka said evidence adduced before court by the Prosecution was sufficient to reach a conviction.
She Jowie stole an ID and gained access to the apartment Kimani lived and killed her.
He then "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."
Jowie Irungu couldn't contain his emotions after the verdict and fought back tears.
Meanwhile, Justice Nzioka said charges leveled against his co-accused Jacque Maribe were wrong.
"It is my considered view that the charge brought against the second accused person was not the proper charge," she said.
"The result is that the prosecution did not adduce enough evidence for this court to find the second accused person guilty of the offense of murder of Monica Nyawira Kimani on the night of September 19, 2018," Justice Nzioka said.
Maribe expressed her gratitude to God saying the truth has set her free.
Sonko acquitted in Sh357m graft case and subsequent threat to sue State
On Wednesday, former Nairobi Governor Mike was acquitted by an anti-corruption court from the charges of graft.
Sonko had been accused of conspiring to corruptly embezzle Sh357,390,299.95 from the Nairobi City government between May 24, 2018, and March 28, 2019.
The Director of Public Prosecutions, however, failed to provide sufficient evidence to prove its case against him and 16 others.
On Thursday, his legal team said there was a distinct possibility of them suing the State over malicious prosecution.
"Given that he has suffered and paid a huge personal price, there is a distinct possibility of suing the State for malicious prosecution. Although early, there is a possibility," Advocate Assa Nyakundi told the Star.
There is yet no indication from the DPP on whether they will be appealing but Nyakundi said they are ready for whatever move they decide to make.
Court temporarily stops lawyers elections for JSC male representative
The High Court on Wednesday stopped the Law Society of Kenya elections for the position of a male representative to the Judicial Service Commission pending the hearing and determination of a suit filed by a candidate.
Lawyer Ishmael Nyaribo moved to court faulting both LSK and the LSK Ad-Hoc Elections Board for setting the election date without first resolving the "unfair and flawed nominations" exercise.
In his petition, he asked the court to halt the elections pending a determination on his inclusion to run.
He argued the decision to lock him out "unreasonably denied him his rights".
"Stay of the respondents' decision of 2.2.24 to disqualify the applicant and further stay the Law Society of Kenya Elections for the position of male representative to the Judicial Service Commission until the suit is heard and determined or until the name of the applicant is included in the list of candidates for said elections," Justice John Chigiti ordered.
The elections had been scheduled for February 29.
Court suspends payment of school fees through eCitizen
On Wednesday, the High Court suspended a circular by Education PS Belio Kipsang requiring parents to pay school fees through the eCitizen platform.
Issuing the orders, Justice Chacha Mwita noted that the petition against the circular raised fundamental questions warranting his directive.
"That an interim conservatory order is herby issued suspending the Circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated 31st January 2024, requiring parents/Guardians and or students to pay fees and or any other levies for all government learning institutions through e-citizen platform or any other Digital platform(s) until 13th February 2024, when the court will issue further directions in this petition," Mwita said.
The petitioner, Nakuru-based Dr Magare Gikenyi told the court that forcing parents to pay their school fees through eCitizen without their public participation is irrational.
Those sued are CS Treasury, CS Interior, CS Education, Kenya Revenue Authority and the Attorney General.
Owner of deadly Embakasi gas plant detained for 21 days
A Milimani Magistrates Court ruled that the owner of the killer Embakasi gas plant and two Nema officials be detained for 21 days pending conclusion of investigations.
Principal Magistrate Dolphina Alego directed Derrick Kimathi and NEMA officials Joseph Makau and Marrian Kioko to be held at Embakasi Police Station.
The third suspect, David Ong'are will, however, be held for 10 days with a maximum of 14 days, owing to his medical condition.
He is detained at Capitol Hill Police Station.
The court was on Tuesday supplied with his medical papers, which were however not made public.
Alego asked that the investigations be done humanely.
"I beseech each all of us to allow the investigations to be done in the most humane and immediate possible way by the relevant authorities because we are either directly affected by this unfortunate mishap at Embakasi area," she said.