High Court judge Justice James Wakiaga will take over the case where Joseph “Jowie” Irungu and his fiancé Jacque Maribe are charged with the murder of Monica Kimani. The new judge took over after Justice Jessie Lessit recused herself from the case. Justice Wakiaga handled the high-profile murder case of confessed serial killer Phillip Onyancha.
In the case, the judge noted that although the prosecution had proved its murder case beyond reasonable doubt, there was an error when Onyancha took plea as he was not mentally fit.
Wakiaga declared a mistrial saving Onyancha from a life sentence. The self-confessed serial killer is now undergoing a new trial. Wakiaga is expected to hear the bail application and the trial. Last week, Justice Jessie Lessit directed that the matter be heard by another judge.
Irungu and Maribe have been charged with the murder of Monica Kimani whose body was found at her Kilimani apartment on September 19. Maribe is fighting for bail on the basis that she is the sole financial provider for her four-year-old son.
Judge James Wakiaga comes out as biased and compromised. He should withdraw from the case. Trying to intimidate anyone with "I am old school" is archaic and belongs to the history bins. People will go to jail defending rights your honour.
— Robert Alai (@RobertAlai) October 17, 2018
However, the family of Monica Kimani opposes the bail application saying the two suspects may interfere with investigations.
The two were Monday charged with the murder of Kimani in her Lamuria apartment in Kilimani area but they denied the charge.
Two lawyers Danson Omari and Katwa Kigen will be arguing before Justice James Wakiaga on behalf of Maribe while Cliff Ombeta will be representing Jowie in the proceedings.
The prosecution had objected the release on bail of the two on grounds that they could interfere with investigations.
Justice James Wakiaga could be a government operative send to rescue Jacque Maribe. I see him releasing Jacque on Oct 24th bail hearing. I have my doubts on him.
— Amani Kenya ☮ (@Tibim_KE) October 17, 2018
In an affidavit filed at the High Court, lead investigating officer Maxwell Otieno said, there was a high chance that the two could jeopardize ongoing investigations into the murder of Kimani.
Otieno said investigators are seeking to establish if at all any amount of money was taken from the house of the slain businesswoman and possibly trace persons who could be in possession of the money.
