Jacque Maribe could not be located moments after businesswoman Monica Kimani was murdered, a court heard on Tuesday.
Maribe is charged alongside Jowie Irungu with the murder of Kimani. Her body was found at her Lamuria Gardens Apartment on Kitale Lane, off Denis Pritt road, in Kilimani, Nairobi.
Going by the investigating officer's report read out in court by Maribe’s lawyer Katwa Kigen, Kimani was murdered at 22:25hrs on September 19, 2018.
Katwa was cross-examining Jonathan Limo, a witness who provided data records retrieved from Maribe, Jowie and Monica’s phone numbers in September 2018.
Limo told the court that at 2223hrs, two minutes before Kimani was murdered, they did not have Maribe’s location. But he said at 2145hrs, Maribe’s phone was at Denis Pritt road.
The report, which Katwa cited as he cross-examined the witness, indicates that Maribe was within the area of the incident but later switched off her phone.
But when Katwa asked the witness why the phone could not be located, the witness said "it was a technical error and he could not tell whether it was switched off or ran out of power."
He also told the court that he had no idea what formed the basis of the investigating officer to conclude that Monica was murdered at 2225hrs.
Katwa said that is an issue only the I.O can confirm. The I.O is yet to testify in the case.
Limo further informed the court that he has no information of an unidentified man whom Monica sent a text before she died on September 19, 2018.
In the text, Moncia was asking the man to "please come assist me to sleep."
Of which the man responded, “I’m far, let’s do it tomorrow.”
Once the cross-examination was over, Jowie made an application to have the court visit the two scenes of crime. That is Lamuria Gardens and Royal Park.
He said the purpose will be to understand allegations and context of statement and testimony adduced in court.
Katwa did not oppose the application.
The prosecution was also not opposed, saying it was something they intended to pursue.
“We were of the view that when the investigating officer is here then we can visit the scene. We only need to notify various entities that we will be going,” the prosecution team said.
The court allowed the application and adjourned the matter to June 14 when the I.O and cyber crime officer are expected to give their evidence.
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