I Have Become A Victim Of Condemnation For Adjourning This Matter- Justice Nzioka

By Debra Rono

Justice Grace Nzioka has expressed her disappointment regarding the ongoing criticism in the Jowie Irungu and Jacque Maribe murder case. Speaking while addressing the court during the sentencing of Jowie Irungu, Justice Nzioka claimed that she had faced criticism for postponing the murder case.

“The most disappointing bit, which I must go out clearly because I have become a victim of condemnation for adjourning this matter and that tells you why I came back here,” Nzioka stated.

The case was first adjourned on the 6th day of October 2023 when Justice Nzioka claimed to be sick and could not attend the court proceedings. Justice Nzioka further added that she was to go on her leave in November of the same year making her not available to handle the matter.

“I will be taking the leave dates from November, so let’s check December,” she said.

The date for the hearing was later placed for the 15th of December 2023

On December 15th the case was postponed for the second time with Justice Nzioka citing late submission of exhibits from the prosecution and that she would have to take extra time to go through them. “I am very sorry to all the parties, I received the exhibits very late, I received them last night, and I have not prepared the judgment,” Justice Nzioka stated.

Nzioka further noted that exhibits could not be sent through courier to Naivasha because of their nature. The hearings were being submitted virtually from Naivasha.

The verdict was once again put off to January 26th, 2024

On the 26th of January this year, Jowie Irungu’s co-accused, former TV anchor Jacquie Maribe failed to show up in court citing illness. Maribe’s defense team led by her lawyer Katwa Kigen explained that she had started feeling unwell that morning and would take at least a week to feel better. Consequently, Justice Grace Nzioka adjourned the proceedings, urging all the parties involved to accept and understand her decision.

While acknowledging the anxiety among those involved, she declared that she would not deliver the judgment virtually because she preferred to do so in open court. “There is nothing we can about sickness and from where I sit I am unlikely to deliver this judgment virtually,” Justice Nzioka said.

The new hearing date was then set for the 15th of March 2024.

In a turn of events, Justice Nzioka delivered a judgment on the 9th of February 2024 which found Jowie Irungu guilty of murdering Monica Kimani. Justice Nzioka clarified that she chose to deliver the judgment on the scheduled date due to the absence of a case that was supposed to be mentioned on that day. “This judgment was supposed to be delivered March 15 this year, but in the week, I discovered that I had a free Friday which is today because the matters that I was supposed to hear today were not going to take off,” Justice Nzioka noted.

The sentencing was set for March 8th.

Earlier today at the Milimani law courts, Nzioka adjourned the sentencing to the 13th of March. While explaining her reason for the adjournment, Justice Grace Nzioka noted that it was important to put the blame where it was due.

She went ahead to explain that the adjournment was due to late submissions by the office of the director of public prosecution (ODPP), the victim’s family, and Jowie’s lawyer. Justice Nzioka thus directed that the replies be filed by Tuesday next week for her to deliver the sentence on Wednesday.