How Joseph 'Jowie' Irungu pleaded with court not to hand him death sentence

Joseph Irungu alias ‘Jowie’, the man found guilty of murdering businesswoman Monica Kimani in 2018, pleaded with the court not to hand him a death sentence and instead confer a custodial term.

During the delivery of the verdict at the Milimani Law Courts in Nairobi on Wednesday, High Court judge Grace Nzioka outlined Irungu’s submissions to the court, where the 33-year-old said he is aware nothing he would say would relieve Ms Kimani's family of their pain.

“He says he expresses his sadness that such a tragic loss of life on extreme circumstances bordering on absolute madness beyond understanding even for him,” the judge said, adding that it was also Irungu’s prayer “that the family of the deceased will find peace and that her soul rests in peace.”

Irungu said he joined the victim's family in saying monetary compensation cannot relieve them of the pain of loss of life.

“He says it is his prayer that the court can mete out a custodial sentence that is not necessarily death,” the court said.

Irungu further submitted that although Ms Kimani’s family had called for a death sentence, her father, Bishop Paul Ngarama, had publicly said he would not seek vengeance.

He wanted the court to consider the deceased’s father’s views and also consider that Irungu is a first offender “convicted purely on circumstantial evidence.”

Irungu further pleaded with the court to consider the period he has spent in custody since the murder.

But in her ruling, Justice Nzioka ruled that Ms Kimani’s horrific murder was "intentional."

"It was not a defensive act. It was not out of provocation. It was planned, intended and executed," she ruled.

The court sentenced Irungu to death after highlighted submissions by the prosecution on the "serious and grievous harm occasioned to the deceased" using a weapon they described as "dangerous."

Justice Nzioka said there was no degree of provocation by the deceased to the accused.