Jowie Irungu murdered Monica Kimani, Court rules
Justice Grace Nzioka said Jowie stole the ID, armed himself with a gun, carried a kanzu gained access, and murdered Monica Kimani.
"All this evidence leaves a strong conclusion that Irungu murdered Monica Kimani," she said.
"The prosecution has proved beyond a reasonable doubt."
Making the ruling on Friday, Justice Grace Nzioka said the prosecution has adduced sufficient evidence and has met the threshold.
"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 Grace Nzioka said.
Nzioka said the first accused person had a 'know-how on how to kill'.
Justice Grace Nzioka said Jowie knew Monica Kimani prior to her death.
She said the issue arose because the evidence of the first accused person is, that he did not know the deceased at all prior to her death.
"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 court finds that the first accused person was known to the deceased because they were together at Kenya Polytechnic. They were in the same class taking the same course."
Monica’s body was found at her Lamuria Gardens Apartment which is located on Kitale Lane off Denis Pritt Road in Kilimani.
Jowie and Jacque Maribe have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
The justice also said there was corroborative evidence as to the clothes that Jowie Irungu wore when Monica Kimani was killed.
Corroborating evidence is evidence that strengthens or confirms already existing evidence.
The evidence from a witness Pamela indicates that when Jowie left the house, he was wearing a white shirt with patterns, a maroon cap and brown shorts.
"My findings are that there is corroborative evidence as to the clothes that Jowie was wearing on the material date," Nzioka said.
In her ruling, Nzioka also said that Joseph 'Jowie' Irungu was in slain Monica Kimani's house.
The judge said there was enough evidence that Jowie was the last person seen with Monica at her Lamuria Gardens house.
Jowie had accessed the estate Monica lived in using an identity card belonging to another person.
"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. The evidence of the protected witness is that Harun whom he identified on the parade as the first accused person left that house at 23.00 and no one else went to that house," she said.
The two have been on trial since 2018, with the prosecution having called 35 witnesses. The defence did not call any witnesses.
Kimani's body was found in a bathtub with her throat slit.
Her hands and feet were tied behind her back and her mouth was taped shut. Police said the murder would have required more than one man to execute.
Kimani, 27, held a diploma in International Relations from Kenya Polytechnic.
She did her internship at the Kenyan Embassy in Juba, South Sudan. At the time of her death, she was managing her father’s company, MililePaul General Trading Company.
She frequently travelled to Juba and returned with large amounts of money in US dollars.
Before she was murdered she returned with a large amount of cash and was briefly stopped at the airport because she did not declare it.
She made a phone call to an influential person and was let go. There’s no record of the incident. She was to travel out of the country shortly and called her friend Jowie.
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