Jacque Maribe
Jacque Maribe
As Kenyans tweet prayers and sympathy for TV journalist Jacque Maribe, saying how love betrayed her, the law does not see it that way.

In fact, the popular Citizen TV anchor could be sentenced to death if the prosecution can prove beyond  reasonable doubt that she is guilty of murder.

Director of Public Prosecutions Noordin Haji ordered Maribe and her fiance Joseph Irungu, popularly known as Jowie, to be charged with the murder of businesswoman Monica Kimani.

Monica was found with her hands and legs tied, mouth gagged and throat slashed. Her body was deposited in a bathtub at her apartment in Kilimani, Nairobi.

Maribe and Irungu were arrested in connection with the killing, hence, their arraignment on Tuesday.

They did not take a plea since the TV anchor is yet to undergo a mental assessment. They'll be remanded until October 15.

What does the law say about murder?

The law states that any person who conspires with any other person to kill any person, whether that person is in Kenya or elsewhere, is guilty of a felony and is liable to imprisonment for 14 years.

The law also states that any person who counsels or procures another person to commit the offence may be charged with the same offence.

A conviction of counselling or procuring the commission of murder attracts the same consequences as a conviction for the offence.

Maribe has been implicated in Monica's murder by her conduct and association with prime suspect 'Jowie'

Police said a live 9mm bullet was recovered in her bedroom.

The ammunition was linked to a gun belonging to her neighbour, Brian Kasaine.

It is claimed that Jowie used the weapon to shoot himself. He later claimed he was shot by unknown people.

Once convicted of murder, a person is sentenced to death by hanging.

A conviction requires the prosecution to establish the intent to cause death and knowledge that his or her action or inaction will cause death, among other things.

Section 204 of the Penal Code states that anyone found guilty of murder, robbery with violence, treason and other capital offences shall be hanged.

Though death sentences are frequently handed to suspects, the last execution was in July 1987 when Kenya Air Force senior private Hezekiah Ochuka was hanged for his role in the 1982 coup attempt.

Last week, the High Court found journalist Moses Otieno Dola guilty of manslaughter for causing the death of his wife Wambui Kabiru.

High Court Judge Roselyn Korir reduced the murder charge to manslaughter. Kabiru was found dead on May 1, 2011, in their house in Umoja estate.

In March, Ruth Kamande, the woman who stabbed her boyfriend 22 times following a domestic fight, was found guilty of murder.

Justice Jessie Lesiit ruled that the Miss Langata Prison 2016 killed her boyfriend Farid Mohammed.

Last year, the Supreme Court declared the mandatory death sentence as unconstitutional but did not outlaw it.

The ruling gives judges discretion to decide whether to hand down the death sentence or life imprisonment.