Justice Grace Nzioka has said there was corroborative evidence as to the clothes that Jowie Irungu wore when Monica Kimani was killed.
Corroborating evidence is evidence that strengthens or confirms already existing evidence.
The evidence from Pamela, the first accused house help, stated that when Jowie left the house on 19th September 2018, he was wearing a white shirt with patterns, a maroon cap, and brown shorts.
A gentleman named Jennings also stated that he met with the first accused – Jowie – on September 19 and was wearing a t-shirt, brown shorts and a maroon cap.
“There is collaborative evidence as to the clothes which the first accused was wearing on the material date,” Justice Nzioka said.
“The prosecution produced brown shorts and a maroon cap. They were shown to the witness and they said they looked like what he was wearing.”
Justice Nzioka said the witness added that Jowie also left with a bag.
Another witness also affirmed what Jowie was wearing, the maroon cap and the brown shorts.
“All the witnesses speak to the clothes that Jowie was wearing, t-shirt, brown shorts and maroon cap,” the justice said.
She said that when the short was recovered was entered into the inventory and the accused signed the inventory.
“It is a khaki brown short. This court was told Khaki is not a colour. I took cognisant that there was a lot of contestation on the short but no one disputed that Jowie was wearing a maroon cap,” she said.
Nzioka said yet the maroon cap emerged in every witness’s mouths.
“Does the accused person say not mine? no evidence to that,” she said.
“My findings are that there is corroborative evidence as to the clothes that Jowie was wearing on the material date.”
The court has also affirmed that Jowie knew Monica Kimani prior to her death.
Jowie is the first accused person in the murder trial of Monica. He was charged alongside Jacque Maribe in 2018
Jowie had claimed he did not know Monica before her death.
Justice Grace Nzioka said the issue arose because the evidence of the first accused person is, that he did not know the deceased at all before her death.
“It is the finding of this court, that the evidence by the first accused person that he did not know the deceased before her death is untenable, insincere and it is an afterthought and it is false,” Justice Grace Nzioka said.
