In what appears to be spirited attempts by powerful forces keen to weaken the Monica Kimani murder case facing journalist Jacque Maribe and her fiancé Joseph Irungu alias Jowie, a lobbyist on Friday dashed to court challenging the prosecution’s evidence against the duo.
The plaintiff, Josiah Murigu, Empowering Africa Through Media chairperson, accuses the Director of Public Prosecutions (DPP) Noordin Haji and his Directorate of Criminal Investigations (DCI) counterpart George Kinoti of resorting to “socialite tactics” in probing and prosecuting the murder case.
He says the investigations were conducted shoddily and the prosecution is ill-prepared, arguing that the case against the two should be dismissed.
Murigu, a media personality, claims in an affidavit filed in the High Court that he has “unassailable” facts that the DCI is yet to acquire and a witness statement from Irungu, the prime suspect in the case.
He also argues that the investigators have yet to recover the murder weapon, despite having the accused persons in custody and uninterrupted access to their houses since the commencement of the investigations.
In the affidavit drawn by Kaloki Ilia and Associates, Murigu wondered why investigators have not recorded statements from individuals who were with Maribe on the night of September 19 when businesswoman Monica was murdered.
He goes on to further claim that Maribe, who he appears keen to distance from the murder, was in the company of a flamboyant Nairobi politician at a city joint when the incident occurred.
The plaintiff says it is puzzling that the man, a public figure who can be accessed freely by detectives, is yet to be questioned on the events of the said night.
He also alleges the prosecution does not have CCTV footage from the hotel where Maribe was at the time the crime is said to have been committed.
“The move to deny Maribe bail is an old-fashioned strategy to keep the DCI and the DPP in the headlines to the end of playing to the media and public frenzy,” Murigu says in the affidavit.
The DCI, he says, has exhibited desperation in his quest for incriminating evidence with his team running around like “headless chicken to the extent of planting spies” at the Gigiri Police Station where Maribe was held for close two weeks.
“We feel that the matter at hand should not be prejudiced by prosecuting the wrong suspects in open court and eventually defeat the ends of justice,” the affidavit reads.
Murigu says his organisation, Empowering Africa through Media, a non-governmental organisation, has sought the help of private investigators, US’s Federal Bureau of Investigations(FBI) and the United Kingdom’s Scotland Yard to probe the matter privately.
He wants the DCI to investigate both the incriminating and exculpatory evidence and give a wide berth to evasive and non-conclusive leads.
Murigu says the shoddy manner in which the DCI has conducted the investigations displays “serious laxity, ignorance and incompetence”.
Maribe and Irungu remain in remand pending the hearing of their bail application on Wednesday. Both have denied the murder charge.
Maribe is fighting to delink herself from Monica’s killing, pleading for release on bail on grounds that she is a single mother whose four-year-old son depends on her for upkeep.
In her court papers, Maribe claims there are no compelling reasons to deny her bail, adding that she was not involved in the gruesome murder, was not at the crime scene and had no prior knowledge of the deceased.
Claiming she is not a flight risk, Maribe argues: “I have surrendered myself, availed my car, handed over my house, handed over my phone, cooperated for DNA tests all without any summons to appear and/or warrants to search and/or warrants to seize.”
She is being held at the Lang’ata Women’s Prison while her boyfriend is detained at the Industrial Area reman Prison.