Joseph Irungu, commonly known as Jowie, has been sentenced by Lady Justice Grace Nzioka to death for the murder of Monica Kimani which occurred in 2018.
While delivering the judgement, the court noted that the action of Jowie was not accidental, and that the accused intentionally planned and executed the murder.
“First accused Jowie shall suffer death under the penal code of Kenya,” stated justice Nzioka.
“The Murder was not accidental, and that the perpetrator’s action was intentional. Not a defensive act, it was planned, intended and executed.”
The sentencing followed a lengthy trial and recent postponements in the legal proceedings that had implicated Joseph Irungu alias Jowie in the murder of businesswoman Monica Kimani.
Justice Grace Nzioka while delivering the sentence, called on the importance of duly observing the sentence process.
The sentence, she says was firmly based on the evidence adduced in the court, nature of the offence and strongly pointing out the unique circumstances of each case.
On the prosecution submission, the Judge notes that there was no degree of provocation by the deceased person on the offender and that after the criminal act, there was considerable attempt by the accused person to conceal evidence.
Further, the prosecution called the court to pronounce mandatory death sentence to the accused, stating that no amount of monetary compensation could bring back the deceased.
“Monica died due to severe injury inflicted upon her, with throat slit open and hands tied down. No amount of monetary compensation can bring back the deceased,” stated Justice Nzioka.
The accused person, Jowie Irungu in his mitigation plea expressed his sadness for the tragic loss of life and was well aware nothing would relieve the pain and suffering the family of the deceased had undergone.
Jowie in his plea further urged the court not to give him a death sentence since the Supreme Court of Kenya, in its pronouncements had declared death sentence unconstitutional.
Custodial or Non-custodial Sentence
Justice Nzioka in her ruling further explored whether the murder case presented before her was appropriate for non-custodial sentence or a custodial one owing to the fact that Jowie in his submission plea had requested not to be served with a death penalty.
Non-custodial sentence in the Jowie case was ruled out by the Judge since the reason for such was to give the first accused an opportunity of rehabilitation.
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The Judge indicated that she had found Jowie not suitable for rehabilitation, since the first law of handing such sentence entails commission of the offence by the first accused and the need to reform which Jowie had not shown in any of his pleadings to the court.
Jowie Sentencing Postponed
The sentencing was initially set for Friday, March 8th but was postponed due to several reasons, including the late submission of crucial documents and a change in Jowie’s legal representation.
As such, High Court Judge Justice Grace Nzioka delayed the sentencing to Wednesday, March 13
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Despite Jowie’s new counsel requesting a week to review and respond to the newly submitted documents, the court declined this request.
The decision to postpone the sentencing follows Justice Nzioka’s previous ruling on February 9, where she found Jowie guilty of the murder of businesswoman Monica Kimani.
Joseph Irungu Found Guilty
In her thorough examination of the evidence presented, Justice Nzioka concluded that Jowie was responsible for Kimani’s death.
She emphasized that the prosecution had successfully proven all elements of the murder charge beyond a reasonable doubt.
“Therefore, it is the finding of this court that the prosecution has proved beyond a reasonable doubt all the ingredients of the offence of murder, the death that occurred, the cause of death and the person who committed that offence.
“It was not a case of homicide, it was unlawful. Therefore, I find the first accused person guilty as charged herein of the offence of murder,” she ruled.
However, in a notable twist, Justice Nzioka acquitted Jacque Maribe of the charges against her related to the same incident.
The judge pointed out that the prosecution failed to provide sufficient evidence to establish Maribe’s guilt in the murder of Monica Kimani.
Maribe, who was accused of aiding Jowie in the murder, has been cleared of all charges.
However, despite the verdict in Maribe’s favor, the Director of Public Prosecutions (DPP) has issued a notice of appeal against the High Court’s decision.
This indicates a disagreement with the ruling that found Maribe not guilty of the charges leveled against her.
Monica Kimani Murder
The case revolves around the brutal murder of businesswoman Monica Nyawira Kimani on September 19, 2018, at her apartment in Lamuria Gardens, Nairobi.
Justice Nzioka’s detailed analysis of the events leading up to Kimani’s death highlighting several key points.
Firstly, it was established that Jowie used a stolen ID belonging to Dominic Bisera Haron to gain access to Kimani’s residence two days before the murder.
Also Read: Court Postpones the Sentencing of Jowie
Additionally, Jowie borrowed a gun from a close friend, Brian Kasaine, which he allegedly used to subdue Kimani.
Jowie had initially denied knowing Kimani, but evidence presented during the trial contradicted this claim.
According to a prosecution witness, Jowie and Kimani were acquainted, having been in the same class at Kenya Polytechnic.
Furthermore, there were records of communication between them on Instagram, indicating a prior relationship.
Jowie, 33, at the time of the sentencing, the court confirmed had three siblings.
