Through Police Inspector Maxwell Otieno said Maribe being a media personality and associated with person’s of influence if released on bail and bond is highly to possibility that she will threaten or intimidate key prosecution witnesses.
“If the accused persons are released on bail, there is likelihood that they may threaten or intimidate the key prosecution witnesses before we secure all the evidence and if released the damage will be so severe that it will then be too late to salvage the situation” said prosecution.
They argue that. Jowie has no fixed abode and he is a frequent flyer and was residing at the Maribe’s house which has been identified as the secondary scene of crime.
He further argued that investigations are still ongoing to establish if Jowie has any permanent residence in any country and if released there is high possibility that he will abscond.
Homicide detectives claimed that, Jowie has been identified as the person who was last seen while in the company of Monica Nyawira Kimani at her residence having used someone’s identification card which had been declared lost.
They further claim post mortem conducted on the 24 of September on the body of the late Monica Kimani , established the cause of death was due to exsanguination due to severe neck injuries and to sharp force trauma.
Homicide Maxwell Otieno in his affidavit told the court that, the investigation are ongoing to establish if any money was taken from the deceased’s house noting that she was to travel out of the country, the money movement, person’s involved, how and who is currently in possession of the money.
Detectives also claim the investigation to establish the motive of the murder and same will will be beyond the Kenyan territory.
However defense team objected the application on grounds that bail is a constitutional rights which is entitled to the accused persons.
Through lawyer cliff Ombeta heard that prosecution had failed to show compelling reasons to warrant denial of bail.
“Bail is self-activating unless there are compelling reasons which in this case none has been demonstrated to this court”. Said Lawyer Ombeta.
Ombeta further argued that the prosecution should not use the evidence of the actual case to deny their client’s bail.
” Let the prosecution use evidence that will show how my client will interfere with investigations or intimidate witnesses. In this case the accused persons having brought to court and charged shows investigations are complete and therefore nothing to be interfered with”. Ombeta said.
Lawyer dismissed prosecution application saying that they were just assumptions and mere speculations that once one charged with murder, the accused will automatically will abscond.
