In the notice filed by Senior Assistant Director of Public Prosecutions O.J Omondi, the DPP’s office says it was dissatisfied with the ruling delivered by High Court judge Grace Nzioka on Friday last week.
“Take notice that the Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on the 9th of February 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person,” reads the notice.
While delivering the ruling, Justice Nzioka noted that the prosecution side failed to prove how Maribe was involved in the murder scheme of the businesswoman.
“There was no evidence that she had ever communicated with the deceased. The evidence that the prosecution has brought before this court on the second accused person relates to events of September 20, 2018, and that is the shooting incident,” noted Justice Nzioka.
The judge however pointed out that Maribe had been found to have given contradicting information while recording her earlier statements on how Jowie sustained a gunshot wound, terming the offence as giving misleading information to a public servant.
In this regard, Justice Nzioka noted that it is upon the DPP to decide on what action to take.
“The office of the DPP knows their mandate. The resolve is that the prosecution did not adduce adequate evidence for this court to find the second accused person of the offence of murder of Monica Nyawira Kimani on the night of 19th September 2018. The first accused person is convicted on the charge (murder) while the second accused person is acquitted of the charge,” she made it clear.
