What will happen Jo Jacque Maribe if she is convicted of murder?

Jacque Maribe is in serious trouble considering the fact that the state is charging her and her fiance Joe Irungu, with the murder of Monica Kimani.

This period has been occasioned by the murder of Monica Kimani which took place on the 19th of September 2018 at her Lamuria Court apartments.

Her death produced the shock of the century(from a Kenyans perspective) when Jacque was implicated in it. And since then we have learnt a lot about that night.

Just this week the DPP issued a statement saying that he was convinced that the evidence against Jacque and her fiance Joe Irungu were enough to charge the two with murder!

DPP Noordin Haji says that Jacque Maribe will be charged with MURDER!

This raises the question about what Jacque could be facing were she to be found guilty of the crime of murder?

This is what the law states:

It 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.

In court

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

What does a conviction require?

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.

Does that mean that Jacque will be hung?

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

That means that judges have the discretion to decide whether to hand down the death sentence or life imprisonment.