Court to rule on Maribe and Jowie’s bail application on Tuesday 30


The high court will deliver its ruling on whether to release TV journalist Jacque Maribe and co- accused Joseph Irungu alias Jowie on 30th October 2018.

During the hearing of the bail application before Justice James Wakiaga, the prosecution told the court that the two should not be released on bail as they they will interfere with investigations and intimidate witnesses.

The two are charged with the murder of businesswoman Monica Kimani on 19th semp

According to the prosecution, there are key witness who are yet to be put under protection and if the accused persons are releases at this stage, they will intimidate the said witnesses.

The prosecution further told the court that the affidavits of the two does not indicate any permanent abode and will therefore abscond if released.

“Their house is an active scene of crime and if released they will not go back to the same house,” the court was told.

Jowie’s connection with Middle east

It was the prosecution’s argument that Jowie will leave the country if released since he is someone who travels outside the country due to the nature of his job, in the middle east (Iran, Iraq, Saudi Arabia etc)

The court was further told that Jowie, who is a security personnel is a threat as is seen in a photo on social media holding a big gun.

Additionally, it was alleged by the prosecution that Jowie attempted to commit suicide by shooting himself and therefore if released, he may harm himself or other people.

Maribe’s career

According to the prosecution, Maribe works in the media fraternity which is associated with influential people and therefore will intimidate/interfere with witnesses.
They argue that if she is released and resume her job as a news anchor, witnesses may feel intimidated if they see her on TV.
The court heard that when Jowie was arrested, maribe switched off her phone and left her place of residence and has not put anything in her affidavit to explain the same.
Further, Justice Wakiaga heard that Maribe is safer in custody since she had alleged that her life is in danger. The prosecution also feels that Jowie will be safer in custody as he will not harm himself or others.

Untrue details in her affidavit

The prosecution alleged that in Maribe’s affidavit, she does not tell the truth of what happened from the time she was arrested to the time she was presented in court.
It was also submitted the fact that the journalist is a single mother should not be a ground to grant her bail.
“Being a single mother can not be a ground of her release since she states in the same affidavit that she has a supportive family. The family can therefore take care of the child,” the court heard.

Fear in family members of deceased.

The family is said to be leaving in fear since they are yet to know the motive behind their kin’s murder.
“The motive of the murder is still unknown. This could mean that this crime is to carried out in the whole family and only started with Monica. They live in fear that one of them could be next,” the court heard.
It is not a coincidence that Jowie asked where Monica’s brother lives via SMS the day before the murder.
However, according to the defense, a number of people have been charged with similar offenses and have not absconded.
Lawyer Cliff Ombeta who represents Jowie in the matter told the judge that his client has not reason nor fear to make him not to attend court.
Ombeta submitted that his client has indicated he is not going to interfere with investigations if they are ongoing.
“The prosecution should have tabled material to show any investigations interfered with, witnesses or family of the deceases,” he added.
According to him, the prosecution ‘always claims’ investigations are ongoing. “It is in their DNA”.
In addition Ombeta submitted that his client has showed that he has family ties, he has said the family lives in Nakuru and he can live with them.
The accused persons’ house is not a crime scene, even the charge sheet indicates the offense was committed in Kilimani not Langata where they live,” Ombeta submitted.
He refuted claims that Jowie tried to kill himself saying that the prosecution did not show any evidence on the allegations adding that he has not been charged with the offense.
He added that his client has not asked to be put under protection adding that he is not in danger and is not going harm himself.
Ombeta also urged the court not to consider the social media pictures since they do not mean the accused is a bad person.
“Putting on an outfit does not mean you can or do what is in the photo,” Ombeta said adding that one may put on a swimming costume yet does not know how to swim.
He also accused the prosecution of not wanting to see the good side of his client, as he is a church person, a choir boy.
According to Maribe’s lawyer Katwa Kigen, the prosecution’s argument is merely speculative.
He submitted that the prosecution says Maribe ‘is likely to’ interfere with investigations or witnesses not that she has.
He said his client has no reason to interfere with witnesses adding that she had a 10 day window before she was arrested of she was to do so but did not.
Kigen also refuted claims that Maribe switched off her phone and ran away after the incident.