A fresh legal battle erupted in court yesterday between the families of Monica Kimani and Joseph Irungu (Jowie) over the release of key exhibits, including a mobile phone, in the murder case.

It wasn’t immediately clear whose phone was in question.

The list of other items was also not immediately known even as Jowie opposed the release of the items involved in the dispute, citing his ongoing appeal. 

The new fight comes amid growing concerns over the delay in Jowie’s appeal process at the appellant court. 

It was revealed that nearly 11 months after Jowie’s conviction, the judgment and sentence in the murder case have yet to be finalised, preventing him from filing a proper appeal before the Court of Appeal challenging his death sentence.

Representing Monica’s family, lawyer Herman Omiti appeared before High Court Registrar Theresa Nyangena, requesting the release of several exhibits, including a mobile phone, which had been presented by the Director of Public Prosecutions during the trial.

“Some items, including a mobile phone, are still in custody. We are seeking their release, as outlined in our application dated October 3, 2024,” Omiti told the court. However, Jowie’s lawyer, Andrew Muge, opposed the application, arguing that the items are crucial exhibits and should not be released while his client’s appeal is pending.

“These items are exhibits and should not be released at this stage,” Muge told the court. His legal team also explained that they had not yet received the record of appeal, which is necessary to proceed with the case before the Court of Appeal.

“The purpose of today’s mention was to follow up on the record of appeal. We have not received it, and despite contacting the court administrator,’’ Omiti explained.

The delay in receiving the record of appeal has caused frustration since the judgment in February 2024, when Justice Grace Nzioka convicted Jowie for the murder of Monica Kimani. Jowie was sentenced to death, with the judge deeming the crime “heinous.”

Monica’s body was discovered in a bathtub in her Nairobi apartment, her throat slit, and her hands and feet bound with cables on September 19, 2018.

Nyangena has set the date for the next hearing on January 28,

The prosecution presented evidence of a violent crime, arguing that a serious weapon was used and that the evidence was concealed afterward.

Registrar Nyangena has set a date for the next hearing on January 28, 2025, where the court will address the ongoing delay in the appeal process and decide whether to grant the application for the release of the exhibits requested by Monica’s family.