Joseph Irungu alias Jowie has been found guilty of murdering businesswoman Monica Kimani whose lifeless body was found in her apartment in Kilimani, Nairobi in September 2018.
While delivering her judgment at the Milimani Courts, Justice Grace Nzioka said that the prosecution had proved beyond any reasonable doubt that Irungu was directly linked to the murder.
"All this evidence leaves a strong conclusion that Irungu murdered Monica Kimani," she said.
"The person who killed the deceased did not intend to give her even one minute to survive. It is my considered opinion and finding that the perpetrator intended instant death," Justice Nzioka added.
She said Jowie's bond has been cancelled and he will remain in police custody until March 8, 2024, when he will be sentenced.
BREAKING NEWS
- KTN News (@KTNNewsKE) February 9, 2024
Justice Grace Nzioka: I find the first accused person guilty as charged herein of the offense of murder. That at an unknown time on the 19th of September 2019, he murdered Monica Kimani. pic.twitter.com/nk4ge8rnuh
However, Journalist Jacque Maribe who was the second accused in the case has been acquitted.
The judge said although Maribe is liable and guilty of giving false information to the police regarding the murder probe, she was not properly charged before the court.
According to Justice Nzioka, Jowie stole a national Identification Card that he used to access Monica's apartment, and armed himself with a borrowed gun that was used to murder Monica Kimani.
While delivering a blow-by-blow account of her evidence, Justice Nzioka stated that the court had established that there was enough evidence that Irungu was in slain Monica Kimani's house in Kilimani, Nairobi.
She said Irungu who is the first accused in the murder case, was the last person seen at Monica's house in Lamuria Gardens.
"It is the finding of this court that the first accused person was in the deceased house on the material date and he was the last person to be seen with the deceased. He left that house at 23.00 and no one else went to that house," she said.
While delivering the judgment at Milimani Law Courts, Justice Nzioka also stated that it had been proven that Jowie had a gun the night Monica met her death.
"It is undisputed that on September 19, the first accused person had a gun belonging to Kasaine, who was his neighbor and has told this court that the first accused had borrowed the gun to go on what he said was a refresher training," Nzioka added.
"Kasaine had testified that the first accused person had earlier on borrowed the gun to go on what he said a refresher training, returned it, then borrowed it again," Nzioka said.
According to the prosecution, Maribe was placed at the murder scene and was positively identified by the witnesses in the case.
Maribe was also accused of trying to conceal evidence by burning the clothes Jowie was wearing on the night the incident happened.
The two were also accused of giving false information to police with Maribe being faulted for lying that she never knew that her fiance had a gun in the house.
The court stated that Jowie shot and injured himself after an argument with Maribe at her house and was rushed to hospital. He was treated and discharged before the duo reported to Lang'ata Police Station claiming he had been shot at by three thugs.
Maribe's car was traced through CCTV to Lamuria Gardens where the deceased body was found in a bathtub after her brother broke into the house after being unable to reach her.
Earlier on, the Judge explained why she had pushed her judgment to Friday, February 9 after postponing the ruling thrice.
"This judgment was supposed to be delivered 15th of March this year, but in the week I discovered that I had a free Friday which is today because the matters that I was supposed to hear today were not going to take off," she explained.
The prosecution called 35 witnesses who testified against the two.