Joseph Irungu Jowie who was convicted for the murder of business lady Monicah Kimani pleaded with the court to spare him from death sentence arguing that he was a first-time offender.
In the submissions read out by Justice Grace Nzioka, Jowie had asked the court to consider his prayers before settling on the sentence he should serve and give him a non-custodial sentence instead of the death penalty requested by the deceased’s family.
According to Justice Nzioka, the accused submitted that he was a first-time offender, implying that he had never been convicted of murder and as such sought a favorable ruling. This has however cast questions on whether the accused in the case was admitting having killed Kimani.
Jowie, who was the first accused person in the murder of Monicah Kimani, also told the court to consider the remarks made by the deceased’s father stating that his family was not out to seek revenge for the death of their daughter.
In addition, the defense side had also urged Justice Nzioka to consider that Jowie was convicted based on what they called circumstantial evidence.
“The father of the victim was publicly heard saying that he will not take vengeance, and so the court should consider his views. The accused person invited the court to consider that he is a first offender and that he was convicted purely on circumstantial evidence,” Justice Grace Nzioka read.
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As part of the submissions read out by Justice Nzioka, Jowie had also expressed his prayer that the deceased’s family would find peace and that her (Monica Kimani) soul will rest in eternal peace.
He also described Monica Kimani’s death as an ‘act of madness beyond understanding”, noting that nothing he says would relieve the pain of the deceased family. “The lesser he says, the better,” Jowie told the Court.
Justice Nzioka’s declines requests by Jowie
On the other hand, Monicah’s family had invited the court to consider that the accused was the main offender acting alone and other factors including the psychological effects the relatives had to endure.
At the same time, the probation officer said Jowie lacked stable partner relations, has anti-social patterns and he is an impulsive thrill seeker. According to Andrew Kanyotu, the first accused (Jowie), uses anger to control others and has double personality traits.
Also Read: Why Monica Kimani Family Asked Court to Slap Jowie with Death Penalty
However, the High Court judge ruled out the possibility of giving out a non-custodial sentence for Jowie, asserting that the only available options left for him were a jail term, life imprisonment or death.
Delivering the ruling, the judge affirmed that a non-custodial sentence only serves the purpose of providing an accused person with an opportunity for rehabilitation.
However, according to her judgement, Jowie was not eligible for such a sentence. According to her, a person who is given rehabilitation must first and foremost acknowledge the commission of the offense and the need to reform.
In her ruling, Justice Nzioka sentenced Jowie to death as requested by the prosecution side to seal the fate of the case that has been on for the last six years at least at the moment.
