DPP ordered to allow Jacque Maribe access her house

The High Court has granted Citizen TV journalist Jacque Maribe access to her house and also ordered the prosecution to take her fiancé, Mr Joseph Irungu, alias Jowie, for treatment.

Justice James Wakiaga, presiding over the murder trial of the couple in the killing of Monica Kimani, issued the orders when the case was mentioned yesterday.

Ms Maribe had protested against the prosecution's continued refusal to let her access her house, and also detain her car and phone, saying she had been forced to borrow everything she needs.

'CRIME SCENE'

Meanwhile, Mr Irungu told the court that he had been tortured at Kamiti Maximum Security Prison, and that he wished to withdraw his recent request that the judge remove himself from the case.

Asked about Ms Maribe's request, the prosecution, through lawyer Catherine Mwaniki, said the journalist had been denied access to her house to preserve the crime scene, while her items were being held so that they could be produced as exhibits.

“We are waiting for a report from the Government Chemist, which is not yet ready,” Ms Mwaniki said.

But the judge rejected her explanation and ordered that Ms Maribe be allowed back to her house in Royal Park Estate in Langata, Nairobi.

Justice Wakiaga also said he will give directions on whether Ms Maribe will get her car back on December 18, after the prosecution hands in the awaited report.

But he said the journalist will not get back her phone since it might be used as an exhibit.

Justice Wakiaga said he would consider freeing Mr Irungu on bond on Monday next week if the prosecution, Kenyatta National Hospital (KNH) and prison authorities do not have his left hand — usually in a sling and now smelly — treated by then.

“This order must be served to the chief executive officer at KNH. However, if he is not treated by December 3, I will review the decision to deny him bond, notwithstanding the hospital’s debt owed by prisons,” the judge said.

While the orders relating to Ms Maribe were easily dispensed with, those regarding her fiancé were more complicated.

On his complaint that he needed treatment, a prisons officer said the earliest he can be taken to KNH is today (Wednesday). He said the prison vehicle he could use to take Mr Irungu to hospital would be at the Kibera Law Courts until 5pm.

He said the judge’s suggestion that Mr Irungu’s family get a private car to take him to hospital accompanied by security officers was not possible, saying the accused could be taken to hospital only in a prison vehicle.

Asked whether they could get Mr Irungu treated at a private facility, his family said that they could afford treatment only at KNH, since they had only Sh20,000.

“We cannot hold a man who needs medication, what if he dies in our hands?” asked Justice Wakiaga.

Mr Irungu also had new, young lawyers representing him.

Justice Wakiaga also allowed Mr Irungu's request to withdraw the application seeking to have him remove himself from the case after the judge described the accused as a "woman eater".

Ms Maribe’s application to have the DPP charged with contempt of court will be heard on February 28, 2019.