NAIROBI, Kenya, Oct 24 – Citizen TV journalist Jacque Maribe and her fiancé Joseph Irungu alias Jowie will know their bail fate next week.
Justice James Wakiaga set the date for Tuesday, October 30 after the two pleaded afresh to the charge of murdering Monica Kimani, jointly with others not before court.
Lawyer Katwa Kigen has pleaded with the court to free Maribe, saying her application should be considered separately from that of her co-accused, Jowie.
While Jowie’s lawyers pleaded to have him freed on bail, the prosecution has described him as a flight risk because of his previous stay in Dubai and that he is a danger to himself because he had tried to kill himself.
During Wednesday’s proceedings, Justice Wakiaga declined to admit a Non-Governmental Organisation known as Empowerment Through Media in the case, saying proper procedure was not used.
The NGO has filed an affidavit through journalist Josiah Murigu who argues the investigation against Maribe was shoddy.
Jowie and Maribe have denied murdering 28-year-old Monica Kimani jointly with others not before court on the night of September 19 at her Lamuria Gardens apartment.
Lead prosecutor Catherine Mwaniki urged the court to deny the two bail until key witnesses are put under witness protection and have testified.
“The court has to strike a balance between the rights of the accused persons and that of the deceased whose life was cut short by ensuring that evidence is secured,” she argued.
Defence lawyers implored the court to free the two on bail insisting there are no compelling reasons to deny them.
Lawyers Katwa Kigen and Cliff Ombeta said their clients are keen to attend trial until its conclusion.
They faulted the prosecution’s grounds for bail refusal arguing they are merely speculative without facts.
“This is a court of law that acts based on facts not speculation,” argued Ombeta.
Ombeta tickled the court by saying the fact that Jowie is described as a dangerous man because of his social media photos where he poses with a big firearm does not necessarily mean the “choir boy” is a threat.
“I do pose with swimming costumes your honour but I do not know how to swim,” Ombeta further submitted.
According to a pre-bail report, Jowie needs to undergo further treatment for his gun wound.