TV anchor Jacque Maribe and her fiancé Joseph Irungu will remain in custody till Wednesday October 17, when the court will hear their bail application and set trial dates, the high court has ruled. At the Milimani Law Courts, the duo pleaded not guilty to the murder of Monica Kimani. This preceded last week’s ruling where Justice Lessit ordered mental assessment of Maribe and medical treatment for Irungu.
How trial by media undermines the right to a fair trial Irungu’s counsel Mugambi Laichena asked the court to ensure he is furnished with all documents and exhibits that the prosecution will rely on Katwa Kigen for Maribe also requested for close hearing dates, all prosecution documents, investigation diary and investigation officers’ statements. The defence team also requested for the trial dates to be declared. Public prosecutor Catherine Mwaniki told the court that her office can only provide the defence team with the details once the Witness Protection Agency gives direction on witness protection. She was however not averse to setting early trial dates as requested by Mr Kigen. Justice Lesiit directed that the victim’s family had up to the morning of Tuesday, October 16, to file an affidavit seeking to bar release of the two suspects on bail, which application will be served to the defence team and heard on Wednesday.
Justice Lesiit said that another judge will take up the case as from Wednesday but did not name him or her when lawyer Kigen asked her about it. Maribe has been detained at the Langata Women Prison while Irungu is held at the Industrial Area Remand Prison, Nairobi. Katwa Kigen and Cliff Ombeta representing Maribe and Irungu respectively said they were ready for the next stage of the case. They emphasised that their clients are innocent.
Obado and co-accused handed more days in custody Justice Jessie Lesiit on Tuesday directed the prosecution ensure that Ms Maribe undergoes mental assessment within a week, so that she can take a plea. Last week Justice Lesiit cleared Irungu to seek medical attention for treatment of a bullet wound on his chest.
The prosecution is lining up over ten witnesses to solidify the case. On Thursday Jacque Maribe was declared fit to stand trial. On the same day, another suspect, Brian Kasaine was released and ordered to report to police once a week. He is expected to be a witness. Kasaine’s arrest came after it emerged Irungu might have used Kasaine’s gun in attempted suicide. Police believe that the attempt took place in Maribe’s house at the Royal Park estate in Langata, hours after the body of Monica was discovered at her Kilimani house. They are trying to link the September 19 murder to Irungu’s gunshot wound. Another man seen at the murder scene is yet to be arrested. The police believe that the missing man has knowledge of the killer weapon and will help establish the motive of the murder. The search for the suspect was extended to Mombasa last week. Monica’s body was found in the bathtub of her apartment at Lamuria Gardens, Kilimani,with her throat slit. Her hands were tied at the back and the water was still running when her body was found.