Citizen TV journalist Jacque Maribe on Wednesday withdrew an application she had filed seeking to compel the DPP’s office to release her car.
Lawyer Katwa Kigen told the court that after consultations they had decided to withdraw the application for the release of her Toyota Allion.
State Counsel Catherine Mwaniki told Justice James Wakiaga that they had consented with the defence to use photographs of the car as evidence in their murder case.
At the same time Joseph Irungu, who was charged alongside Maribe with the murder of businesswoman Monica Kimani, also withdrew his application for the bail.
Last week the prosecution had maintained that they would not release her vehicle to her because it forms part of evidence to be used in their case.
In an affidavit, Investigating Officer Maxwell Otieno said the vehicle was to be relied on during the prosecution’s case.
“The IC3 Cameras placed the vehicle and the mobile phone handsets at places of interest in our investigations,” he claimed.
Last year, Maribe filed an application, seeking to have the DPP cited for contempt for failing to avail all materials the prosecution intends to use. They include her house, vehicle and mobile phone.
But Otieno said if the phone and the vehicle are released to Maribe, there is a high possibility she will destroy the prosecution’s evidence before it is submitted to the court.
Maribe had sought to have prosecution counsel Catherine Mwaniki disqualified from the case. But Otieno said the DPP cannot be told who should or should not prosecute any criminal matter.
Last year Maribe was charged Irungu alias Jowie, with the murder of businesswoman Kimani.
They both denied the charge. Maribe was released on Sh1 million bail. Irungu is still in custody.
The case will be mentioned on May 7.