Kenyan Socialite come Lawyer Corazon Kwamboka has added her voice to the murder case involving Journalist Jacque Maribe and her Fiancée Joseph Irungu aka Jowie.
In a well written Instagram post, Ms Kwamboka has explained why Maribe is being charged as an accessory to murder of Monica Kimani.
Corazon, who was admitted to the Bar in 2016, has documented scenarios that can make one be criminally prosecuted alongside the person who did the criminal act.
playJacque Maribe and Joe Jowie. Lawyer Corazon Kwamboka. Corazon Kwamboka weighs in on Jacque Maribe’s murder case (Courtesy)Legal perspective
“ACCESSORY TO A CRIME In criminal law, helping or contributing to a crime is as criminal as actively and actually commuting the crime.
You can be criminally prosecuted along with the perpetrator (the person who did the criminal act) for
1. Coming up with the idea
2. Commanding someone to commit a crime
3. Hiring someone to commit a crime for you
4. Instigating a crime
5. Giving advice on how to commit a crime
6. Covering the crime, whether before or after it’s done” shared Ms Kwamboka.
You can be criminally prosecuted along with the perpetrator (the person who did the criminal act) for
1. Coming up with the idea
2. Commanding someone to commit a crime
3. Hiring someone to commit a crime for you
4. Instigating a crime
5. Giving advice on how to commit a crime
6. Covering the crime, whether before or after it’s done” shared Ms Kwamboka.
playLawyer Corazon Kwamboka. Corazon Kwamboka weighs in on Jacque Maribe’s murder case (Courtesy)
However, Ms Kwamboka offered advice on what someone should do if they find out that their partners are about to commit a crime or have already committed the crime.
Advice
“So what do you do if you are aware that your partner is about to commit a crime or has committed a crime to avoid being an accessory avoid prosecuted?
1. Make a report to the police.
2. Convince the ‘criminal’ to go forward.
Do not try to be ride or die or you will be riding together to prison. In case you failed to make a report here are some of the defenses
1. Mistake of fact; where you a genuine mistake as to what you friend or partner did or was about to do. E.g they asked to borrow a knife and you give them thinking they are going to chop tomatoes but they butcher their wife with it.
2. Abandonment; if you stopped offering you help on time and therefore making it hard or impossible for the principal to commit the crime.
3. Withdrawal; ‘ I didn’t help because it was wrong, and I tried to take away the gun so he wouldn’t kill her” shared Ms Kwamboka.
1. Make a report to the police.
2. Convince the ‘criminal’ to go forward.
Do not try to be ride or die or you will be riding together to prison. In case you failed to make a report here are some of the defenses
1. Mistake of fact; where you a genuine mistake as to what you friend or partner did or was about to do. E.g they asked to borrow a knife and you give them thinking they are going to chop tomatoes but they butcher their wife with it.
2. Abandonment; if you stopped offering you help on time and therefore making it hard or impossible for the principal to commit the crime.
3. Withdrawal; ‘ I didn’t help because it was wrong, and I tried to take away the gun so he wouldn’t kill her” shared Ms Kwamboka.
