No need for presidential pardon as appeal will succeed - Jowie’s lawyer

Jowie’s counsel has disputed reports that he was among 57 people pardoned by the Head of State in an act of mercy aimed at promoting rehabilitation and restorative justice.

Muge told Citizen Digital that Joseph Irungu Maina, who was among the pardoned inmates as indicated in a gazette notice, is not his client. He noted that according to the notice, the said inmate was serving his sentence term in Naivasha prison, whereas Jowie is jailed at Kamiti Maximum Prison, Nairobi.

The lawyer further exuded confidence in an appeal on the March 2024 sentencing, where Justice Grace Nzioka sentenced Jowie to death for the murder of businesswoman Monica Kimani in 2018. 

He asserted that a presidential pardon is unnecessary, as they (legal team) expect the appellate court to rule in their client’s favour once the process begins.

“We do not need the pardon as the appeal will succeed soon as it is in play,” Muge told Citizen Digital.

However, Muge noted that the appeal process has faced significant delays due to administrative issues within the judiciary.

“Unfortunately, the criminal registry has been the cause of the delay in moving the appeal,” he stated.

Unlike civil cases, where parties typically prepare their own records, criminal appeals depend on the criminal registry to compile and submit the record of appeal, Muge explained.

He said his client’s appeal is currently pending due to the criminal registry’s failure to complete and provide the necessary records to both the Court of Appeal and the parties involved.

Jowie’s lawyer expressed hope that the record will soon be availed as required by the Court of Appeal Rules.

“We have some movement over the last two weeks, and hopefully the record will be provided as required under the Court of Appeal rules,” Muge stated.

Jowie, 33, was found guilty of the murder of businesswoman Monica Kimani, who was brutally killed in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018. 

He was sentenced on March 13, 2024, by Lady Justice Grace Nzioka, who found him guilty of killing Monica.