Jacque Maribe is back and she is not messing around. She is ready to defend her innocence.
She was incarcerated for close to a month after the police linked her to the murder of Monicah Mwangi.
In a fresh application to the court, Jacque wants Director of Public Prosecution (DPP) Noordin Haji and Director of Criminal Investigations George Kinoti to avail her house and all the documents the prosecution intends to use in her trial over the murder of businesswoman Monica Kimani.
Through her lawyer Katwa Kigen, Jacque has accused Haji of acting in contempt of court by refusing to allow her to have her house as well as witness statements relating to her trial.
“It is an absolute violation that despite explicit court orders, provision of law and undertakings by the prosecution, that materials have not been supplied to Ms Maribe on timelines provided and that the default has persisted for long,” said her lawyer Kigen.
Jacque has written three letters to the DPP and her lawyer has had several telephone conversations and exchanged messages with State lawyer Catherine Mwaniki, who is representing Mr Haji in the case.
She has also made multiple visits to their offices.
The journalist says none of her letters have been responded to, so there is no commitment on the part of the prosecution to hand her the rented house in Lang’ata Royal Park estate in Nairobi.
She also wants her Toyota Allion car and her black iPhone.
When she was freed on bond on October 30 by High Court judge James Wakiaga, she was granted access to the house as well as the disputed case documents.
She argues, however, that she has not been given a good reason for the delay or the breach of the court order, a circumstance that she says amounts to automatic infringement of her rights.
The journalist notes that all her clothes and accessories, including an automated teller machine card, medical cards, books and medication for her child, remain locked up in the house.
She says she has been forced to beg for clothes, accommodation, transportation and a phone.
Jacque also notes that her child has been subjected to the criminal justice process and inconvenience.
She dismisses claims that she would be unavailable for the trial, saying she willingly surrendered her house, car and phone to police before any search warrant was availed.
“Unless the court intervenes, the DPP and the DCI will continue using the advantages of their public, statutory and constitutional advantages to despise and violate Ms Maribe,” Mr Kigen said.
As a result, she has asked the court to disqualify the lead prosecutor Catherine Mwaniki from the case if found in contempt.
She argues that the prosecution might have delayed in supply of document “because the materials show no culpable evidence against the applicant, yet they have maintained to the public the posture of being sterling having resolved the crime(s) at hand and having established culpable parties on an objective measure.”
“The materials will show the unjust malice against the Applicant in being charged for public spectacle than for the merits and any culpability in the case.”
Jacque wants Ms Mwaniki, the alleged contemnors, punished or disqualified from being the lead prosecutor in her trial.
“Punishment(s) be meted out to the contemnors for their imprisonment for a period of up to six months and or a fine of Sh200,000 or otherwise as the court may deem fit, just and fair for the integrity of the court proceeding…” reads a section of her application.
Meanwhile, a court has allowed Citizen TV journalist Jacque Maribe to access her house in Lang’ata.
Jacque’s application to have the DPP charged with contempt of court will be heard on February 28, 2019.