Arguments, evidence that led to Jowie's death sentence

The Office of the Director of Public (ODPP) and the family of the late Monica Kimani had invited the court to hand a death sentence to Jowie, who was found guilty of murder. 

During the sentencing at the Milimani Law Court, Justice Grace Nzioka noted that the prosecution, in its submissions, implored the court to sentence Jowie to death for the harm caused to the victim’s family. 

“The court has been invited to consider that the crime had serious physiological and physical harm to the victim and family. Based on this factor, the prosecution argues that the court should meet out the sentence as provided under the law,” noted Justice Nzioka. 

According to justice Nzioka, the prosecution cited the Francis Muruatetu case of 2015. Prosecution said that despite the decision in the case of Muruatetu, death sentence is not unconstitutional. 

“The case declared that the mandatory nature of the death sentence is unconstitutional and that it did not declare the death sentence unconstitutional. The prosecution invited this court to pronounce a death sentence.”

Justice Grace noted that Monica’s family also implored the court to hand Jowie a death sentence. 

“The victims’ family in their submission dated March 7, drew the court’s attention to the sentence provided for the offence of murder. Which is stipulated under section 204, which says a person convicted for the offence of murder shall suffer death,” she read. 

“They led the court through objectives of sentence and invited the court to consider the fact that the accused person did not play a peripheral role in the commission of the offence, but was the main perpetrator.”

The family wanted Jowie handed the death sentence, describing Monica’s murder as “cold-blooded and barbaric.” They argued that Jowie attempted to conceal the offence by stealing an ID card and destroying clothes thereafter. 

 “No monetary compensation can bring the deceased back. Death of diseased occasioned them economic loss as the business she was manning in South Sudan collapsed and it was only means of the family,” she read. 

In her verdict, Judge Nzioka argued that Jowie was not eligible for rehabilitation, even though he never asked for a non-custodial sentence. 

"The manner in which the offence was committed did not at any one point intend to give the deceased even a single minute to live. It is a tragic loss of life on extreme circumstances bordering on madness,” she argued. 

"This murder was intentional. It was not a defensive act. It was not out of provocation. It was planned, intended and executed.” 

Monica Kimani was killed on September 19, 2018. On February 9, 2024, the court found Jowie guilty of murder, while his co-accused Jacque Maribe was acquitted.