By Peter Ochieng
Joseph Irungu alias Jowie has appealed the death sentence handed out to him, after being found guilty of the murder of business woman Monica Kimani.
Jowie was sentenced to death by High Court Judge Grace Nzioka, on 13th March 2024.
In his appeal, Jowie through his lawyers argues that the sentence is against his constitutional rights, as a Kenyan.
He wants among others, the Court of Appeal to declare the death penalty as torture, cruel and inhumane.
“A declaration that Section 379(4) of the Criminal Procedure Code is unconstitutional, null and void to the extent that it denies persons sentenced to death the right to bail pending appeal,” the Court papers read in part.
In addition, the 33-year-old Jowie wants compensation from the State “for infringement of his rights under Articles 27, 28, 29, 48 and 50 of the Constitution of Kenya.”
In his ruling last month, Justice Nzioka placed Jowie at the center of the brutal murder of Kimani in her Lamuria Gardens apartment in Nairobi, on the night of September 19, 2018.
Her decision was informed by evidence produced in Court by the prosecution, which included Jowie hiring a gun from one Kasaine.
“Kasaine testified that the first accused person had earlier on borrowed his gun to go on what he said was a refresher training, returned it and then borrowed it again… According to Kasaine, he was supposed to return it after two days but he didn’t. And so by 19th September, he (Jowie) had a gun.”
“That collaborates the evidence of Jennings that when they left Road House, the first accused person opened the dashboard of the car and removed the gun after putting a white kanzu on top of his clothes, went and picked a taxi and went where he was going.”
The judge added: “If he was armed with the gun and it was not used to kill the deceased. I am in concurrence with the prosecution that it was intended and used to subdue the deceased.”
Nzioka ruled that the murder of Monica Kimani was nothing but ‘intentional.’
“It was not a defensive act. It was not out of provocation. It was planned, intended and executed.”
“Based on what I have said, I have ordered that the first accused before this court, Joseph Kuria Irungu alias Jowie, shall suffer death as provided for the offence of murder under section 204 of the penal code of Kenya. That is the order of the court.”
The judge went ahead to State that Jowie lacks stable partner relationships.
“He (Jowie) lacks stable partner relationships. He has antisocial patterns manifested by living on the edge. He is impulsive and a thrill seeker. He uses anger or aggression to control others. Has a double personality trait.’
Jowie’s co-accused, former Citizen TV news anchor Jacque Maribe was acquitted after being found not guilty of the murder charge.