Why Jacque Maribe Could Still Face Jail Term

The Office of the Director of Public Prosecutions (ODPP) has reiterated that former Citizen TV anchor, Jacque Maribe is still at fault in the case involving the murder of businesswoman Monica Nyawira Kimani, despite being acquitted.

In a statement on Friday, February 9 which summarised the outcome of the ruling, the ODPP under Renson Mulele Ingonga indicated that Maribe could still face charges for providing false information to a public officer.

"The second accused Jackie Maribe has been acquitted in the matter however, the court finds that she is culpable of being charged for providing false information to a public officer contrary to section 129 of the Penal Code," stated the ODPP in part.

According to Section 129 (a) of the Penal Code "Whoever gives to any person employed in the public service any information which he knows or believes to be false, intending thereby to cause, or knowing it to be likely that he will thereby cause, the person employed in the public service—is guilty of a misdemeanour."

This therefore means that should the charges against her be substantiated, Maribe risks an imprisonment term of three years.

Earlier, Maribe’s lead lawyer Katwa Kigen insisted that no evidence showed that the former TV anchor had a motive to kill Monica Kimani.

“She was not at the scene. She didn’t know how she had no reason to wonder if I did. And in a way we blamed the prosecution for maintaining an insistence on this case when it had no basis,” he said.

Minutes after Justice Grace Nzioka delivered the ruling acquitting Maribe of the murder charge, Kigen stated that since the murder trial began in 2018 his client maintained her innocence.

“We want to say that throughout the period, her conscience has been clear, and the evidence has never at any time suggested that she was implicated,” Kigen stated.

Nonetheless, Lady Justice Grace Nzioka in her judgement ruled that the prosecution adduced adequate evidence which met the threshold and after listening to the testimonies from the 35 prosecution witnesses.

"The court notes that it was satisfied with the prosecution witnesses’ evidence that proved beyond reasonable doubt that the first accused Jowie Irungu intentionally and willingly committed the offence," added the ODPP.

For Maribe, the prosecution filed the following accusations against the former journalist:

1. She was in the vicinity of the commission of the murder.
2. The vehicle used in the commission of the offence was hers.
3. She aided and abetted the first accused person (Jowie) by providing the car.
4. She switched off her phone at the time of the murder.
5. She gave police false information regarding a shootout involving Jowie to mislead police investigations.
6. She was aware of the destruction of evidence which would have been used in the murder case. 

"It is the finding of the court that the second accused person's statement made on the gun shooting was false," the judge ruled.