Monica Kimani murder:Defense accuses prosecution of failing to protect witnesses


Jacque Maribe’s lawyer Katwa Kigen has accused the state of failing to protect their witnesses in the Monica Kimani’s murder after two daily newspapers published information about them.

When the parties appeared before trial judge James Wakiaga who had summoned the editors of the two papers in regard to the story, Katwa told the court that it is the prosecution that could have leaked the information to the press.

He said their witness protection measures are poor if the papers could access it.

Katwa went ahead to say judge Wakiaga should not be burdened by the prosecution with the issue of the witnesses since it is their work and if the names were revealed then they failed at their job of protecting the witnesses even though they claim that they have taken “great measures to protect them”.

While responding to the accusationsof wrongful publication, the lawyers representing the two dailies stated that the prosecution should file their affidavit on the main allegations so that they can respond effectively.

One of the lawyers said his client did not mention any names of the protected witnesses rather it stated that four of the witnesses in the case are protected, information allegedly given by the prosecution.

Wakiaga was however, bitter with the other daily claiming its publication was even worse since it quoted witness statements not presented before him.

Wakiaga stated that the accused persons, Maribe and Joseph Irungu alias Jowie are entitles to a fair trial not prosecuted by the media.

The two are accused of murdering Monica on 20 September last year.

During the hearing, the witness who was stood down yesterday continued to give her testimony where she stated that she collected evidence and fingerprints from Monica’s and Maribe’s houses.

Jennifer Jepkosgei, a crime scene officer/forensic expert told the court that the DNA collected at the two houses did not match.

The officer also told the court that she did not find any relationship between the evidence found at Monica’s at Limuria Gardens in Nairobi and what they found at Maribe’s house at Royal Park.

The court further heard that there was a pair of a man’s shoes and Kiwi shoe polish in Monica’s bedroom.

She further testified that she did not take the CCTV footage from the two apartments as part of the forensic evidence.

The matter continues tomorrow where protected witnesses are expected to testify in camera.

Judge Wakiaga had earlier ruled that he may reconsider Jowie’s bail application after the protected witnesses have testified.