Justice Grace Nzioka has established that Joseph Irungu Kuria famously known as Jowie lied about never meeting the deceased businesswoman Monica Kimani.
However, the judge affirmed that Jowie knew the deceased person after analysing the evidence presented in court.
“It is the finding of this court, that the evidence by the first accused person that he did not know the deceased prior to her death is untenable, insincere and it is an afterthought and it is false,” Justice Grace Nzioka said.
“The first accused person was known to the deceased prior to her death.”
The court is set to deliver the judgement later in the day.
Before arriving at the final decision, Justice Nzioka raised six questions: whether Jowie Irungu knew Monica prior to her death whether he stole and used the stolen I.D to access where the deceased was staying, whether the clothes he was wearing implicate him in the commission of the offence, whether he was in the deceased house and whether he was the last person to be seen with the deceased, whether he had a gun and whether he was positively identified on the identification parade.
First, the judge established that it was a homicide case since the death was unlawful.
“The prosecution have proven beyond reasonable doubt that the deceased’s death was not accidental or natural,” Justice Nzioka stated.Moreover, the evidence analysis established that the clothes identified by various witnesses belonged to Jowie.
Additionally, the court noted that the first accused person was the last person seen at the deceased house on the material day. It was established that Jowie used another person’s ID to access Monica Kimani’s apartment.
However, the judge adduced that the first person could not be prosecuted based on the identification parade report as it was properly done to place Jowie at the murder scene.
“Pamela, the first accused house help, stated that when Jowie left the house on 19th September 2018, he was wearing a white shirt with patterns, a maroon cape and brown shorts. A gentleman named Jennings stated he met with the first accused on 19th September and was wearing a t-shirt, brown shorts and a maroon cape. There is collaborative evidence as to the clothes which the first accused was wearing on the material date,” she noted on the clothes exhibit presented in court.
“We don’t find the first accused person guilty of the offence he is being charged with based purely on the evidence of the identification parade per say.”
Jowie was then found guilty of the murder of Monica Kimani.
