Joseph Irungu alias Jowie, the first accused found guilty of having murdered the Slain businesswoman Monica Kimani
Chronological order of events leading to Jowies conviction as by Naivasha Criminak Judge Grace Nzioka
Court has proved allegations by the first accused of not knowing the deceased as false and uncalled for through separate and independent interrogation of the Deceased’s brother George Kimani and Safaricom Data analyst who proved that indeed Jowie knew Monica
Dressing and Clothes worn by 1st accused
Five witnesses proved Jowie’s dress code; out of them all, wearing a Maroon Cap is constant in their testimonies including that of Pamela, Chelagat, the guard at the gate of Lamuria Gardens in Kilimani and Lee Owens who was inside the deceased house
In her findings, Judge Nzioka found collaborative evidence of clothes worn by the accused with the first confirming Bowie having worn a brown short and the last two confirming the white Kanzu.
Lost ID
Court based on evidence produced proved that Dominic Bisera Haron’s ID was stolen on 17 September 2018, two days before the murder took place and was indeed one shared by the first accused at Lamuria Gardens gate in Kilimani: after interrogating the original owner of the ID who stated that had gone to search for a job at Royal Park apartment and later own found his ID missing, an incident he reported and left a notice at the gate of the apartment.
Placing Jowie at the centre of the crime
Lee Owen confirmed they spent over an hour in the deceased house.
The doctrine of last seen alive was taken from the doctrine of the case between Kimani versus The State
In the doctrine, the law presumes that the person last seen with decease was responsible for their death
The Court found that the 1st accused was the last person to be seen with the deceased after Lee Owen left in the wee hours of around 2300hrs and later on followed by Jowie who signed out at 2321Hrs
There were issues raised during the investigation as the court sought to understand whether there were;
Malice
Stolen ID card
Gun shooting incident by accused
The court established Contradictions in the following
There was a contradiction in the statement by the first accused person of only being in the crime scene or house of the deceased for only remaining with the deceased for 10 minutes before leaving and that in her defence it would not afford someone to execute the murder.
The first accused denied knowing the deceased and hence would not have known her whereabouts.
Efforts to bungle parading process to identify the accused in which the witnesses were not subjected to the same
The court dismissed all submissions by the first accused person to be set free on the grounds of bungled investigations and being accorded the benefit of doubt
Committing the murder crime in 10 minutes or less
Judge Nzioka; Based on evidence produced and court interrogation, indeed the defense claims of not committing the crime were thwarted.
Interrogation on 1st suspect’s whereabouts and movements proves indeed he committed the crime
Why would Interrogating officers pick clothes; a pair of shorts with stains of blood and place them on the first suspect’s house?
Brian Kassaine Jowie friend who turned state witness
Based on the report presented, interrogation by the courts of two witnesses Brian Kassaine and the Caretaker of the apartment where the First accused lived, the courts proved that the accused lied about the shooting incident.
In the Doctrine where the court realizes that the accused is a liar, the court refuses to take evidence given by the suspect
Did the first and Second accused murder the Suspect?
Was there any Malice or was there an intention to commit a crime?
Is there any Circumstantial Evidence?
The second accused gave two contradicting statements and was also deemed as a liar same as the first accused who agreed to lie to the court in the shooting incident and Kanzu attire. The court established the first accused had lied on several grounds
The court confirmed that the 1St accused stole the ID of Bisera Dominic Haron two days earlier;
The 1st Accused had a bag which was carrying a kanzu, why would he carry a Kanzu? He had a motive to conceal evidence.
Why did he borrow a gun from Kassaine 2 days earlier to go train
In his conversation with Lee Owen at the deceased house, the First accused spoke in coded language, “In Kenya, you can commit a crime and run away with it.”
According to the courts and judge hearing the matter, it meant their murder was planned and premeditated.
On the orchestration of murder
Justice Grace Nzioka having gone through all the 50 pictures taken by investigating officers who first visited the crime scene; pictures of the whole murder incident, the killer targeted veins and arteries in which the deceased could not survive even for a minute due to high loss of blood as a result of deep cuts of 6 to 7CM long inflicted on the deceased.
The court found that the perpetrator of the heinous act was a professional with knowledge in the military which led to prosecution digging deep into first accessed life.
Based on interrogation by the court, on the conduct, conversation, movements and all about the first accused undertakings, the court finds it easy to join the dots.
The court found guilty the first accused of having murdered the deceased based on Circumstantial Evidence
The findings of the court were that the 1st accused killed the deceased
Former TV anchor Jacqueline Maribe; escaped narrowly off the hook as a second accused and was set free as a result of the prosecution side not including on the charge sheet, a charge of abatement and or conspiring in the murder of slain businesswoman Monica Kimani on the night of 19th September 2018. Should it have been included, the second accused would serve a three-year term of imprisonment
Judge Nzioka cancelled Jowie’s bailout and ordered his arrest to be taken to the Industrial Area remand awaiting judgment on 8 March 2024
After the judgment has been issued, Joseph Irungu alias Jowie will have 14 days to appeal Judge Grace Nzioka’s ruling, after the lapse and failure to appeal, he will proceed to serve his sentence.