By Lauryne Akoth
Lady Justice Grace Nzioka on Wednesday 13th March 2024, handed Jowie Irungu the death penalty.
” I have ordered that the first accused person before this court, being Joseph Kuria Irungu alias Jowie, shall suffer death as provided for the offense of murder under section 204 of the penal code of Kenya. His sentence is lawfully set aside by a court of competent Jurisdiction. That is the order of the court.” stated her verdict.
Justice Nzioka ruled out a non-custodial sentence and remarked that rehabilitation is an integral component of a custodial sentence, which she believed Jowie did not merit as he failed to acknowledge his wrongdoing and the necessity for reform. Consequently, the judge concluded that rehabilitation would be ineffective as Jowie would not value or benefit from it.
She also stated that there are circumstances whereby the death penalty may be inevitable. She further added that the Supreme Court of Kenya permits the death penalty in instances of grave crimes.
“The court had the opportunity to consider the submissions by the prosecution, the victim’s family, and finally mitigation by the accused person.” Said Justice Nzioka. She then proceeded to give a detailed breakdown of the submissions by all parties.
She also noted that Jowie’s criminal records were summoned by the court and determined to be a first offender hence this will be taken into consideration when giving her judgment.
The prosecution invited the court to consider the following factors; lack of provocation from the deceased, an attempt to conceal evidence, and the psychological impact it had on the victim’s family. They invited the court to pronounce a death sentence to the accused.
Justice Nzioka stated that the victim’s family’s submissions urged the court to view Jowie as the primary perpetrator of the heinous crime. They emphasized that no financial compensation could ever reverse the loss of the deceased, and her death led to significant economic hardship for her family, resulting in the collapse of their business in South Sudan.
Jowie’s plea to the court during mitigation asserted that since the Supreme Court deemed the death penalty unconstitutional, he hoped for a custodial sentence. He conveyed his regret and concurred with the family of the victim that monetary compensation cannot restore Monicah.
However, he contended that although Monicah’s family advocated for the death penalty, her father publicly stated that he would not seek vengeance. Moreover, Jowie argued that his conviction relied on circumstantial evidence.
The presentencing report, statements from the community, the investigating officer as well as Jowie’s probation officer were also read out and taken into account in the delivery of her verdict.
Lady Justice Grace Nzioka had postponed Jowie’s Sentencing to 13th March after determining that crucial documents that were to assist the court in making its judgment on the case were submitted late. The change in Jowie’s legal representation team also resulted in the deferring of the legal proceedings.
Both parties, the office of the Director of Public Prosecutions (ODPP) and the family of the late Business Woman Monicah Kimani submitted their documents late resulting in the adjournment of the case, whose sentencing was to be made on 8th March 2024.
In her verdict on 9th February 2024, Lady Justice Grace Nzioka found Joseph Irungu alias Jowie, guilty of the murder of Monicah Kimani that occurred on September 19th, 2018. The co-accused, former news anchor Jacque Maribe was acquitted of the murder charges.
“The prosecution did not adduce adequate evidence to find the second accused person (Jacque Maribe) guilty of the offense of murder,” Justice Grace Nzioka ruled while reading the judgment at Milimani Law Courts.