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Joseph Irungu alias Jowie has been sentenced to death for the murder of Nairobi businesswoman Monica Kimani.

While delivering her judgment on Wednesday, March 13, Lady Justice Grace Nzioka revealed that she considered three factors in making her determination namely; the manner in which the offence was committed, the consequence of the offence and the personality of the accused (Jowie).

She described the gruesome ordeal the businesswoman underwent, stating that Kimani's killer did not intend to even give her one minute to live.

"It was a gruesome murder, horrific and threatening," she stated.

Joseph Irungu alias Jowie (right) follows proceedings at Milimani Law Courts on March 13, 2024.

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Jowie's sentencing comes after he was found guilty of the murder on February 9, 2024. The businesswoman was murdered on September 19, 2018, and her body was discovered the following day in her bathtub by her friends and relatives.

Submission by the Prosecution

During their presentencing report,  the prosecution urged the court to impose the death penalty on Jowie.

The prosecution submitted that evidence showed that Jowie planned to commit the offence and used a weapon, which they described as deadly.

Submissions of the Victim's Family

The family submitted to the court that the death of their kin was a huge blow. The family noted that Kimani was the breadwinner of the family and that her death affected them.

"No amount of compensation can bring the deceased back," the judge stated.

Submissions by Jowie

He agreed with the deceased family that no amount of money can be able to bring the deceased back to life. Jowie also contended that the Kimani died a cruel death.

"The accused person invited the court to consider that he is a first offender, that he was purely convicted based on the circumstantial evidence and the time he has spent in custody," she stated.

Report by Probation Officer on Kimani's Family & Jowie's Personality

It was reported to the court that Kimani's mother cried severally during the writing of the report, forcing the probation officer to stop the interview several times.

Monica's brother was reported to have stopped watching news and trusting people. He also limited his movements.

The probation officer on the other hand reported to the court that Jowie has a double personality.

"The probation officer reports that the accused person lacks stable partner relationships. He has anti-social personality patterns manifested by living on the edge. He is impulsive and a thrill seeker. He used anger or aggression to control others," the judge read the report by the probation officer.

An image of the late businesswoman Monica Kimani who died on September 19, 2018 at her Kilimani apartment.

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DCI

Lady Justice Grace Nzioka has postponed the sentencing of Joseph Irungu alias Jowie who was found guilty for the murder of Nairobi businesswoman Monica Kimani.

The judge made the decision owing to the late filing of submissions by the Office of the Director of Public Prosecutions (ODPP), the victim's family and Jowie's lawyer.

According to Justice Nzioka, the ODPP filed its submissions (pre-sentencing report) last evening while the victim's family filed its submissions on Friday morning.

Therefore, owing to the delays, Jowie's legal team did not have time to respond to the submissions by the prosecution and Kimani's family.

Lady Justice Grace Nzioka reads a judgment at Milimani Law Courts in Nairobi on February 9, 2024.

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In light of the new developments, Jowie's legal team requested more time to go through the two submissions and file their response.  

Justice Nzioka heeded to their request and directed that they file all the submissions by the end of Monday, March 11.

Jowies sentencing will be done on Wednesday, March 13.

"As much as I started with a disclaimer on how I am not the one accused of adjourning this matter, I think at the end of the day I am the driver of this matter and the most decent thing to do is to apologise for any inconvenience caused.

"I hope we will not adjourn it again and that we will deal with this matter to its finality on the day that I have fixed for this judgement," she stated.

The Case

Jowie was found guilty for the murder of Monica Kimani which occurred on September 19, 2018.

In a ruling delivered on February 9, 2024, Justice Grace Nzioka ruled that the prosecution had proved beyond reasonable doubt that the security personnel committed the murder.

The judge highlighted several aspects of the case that made her determine that Jowie was guilty.

Key among them was the actions of Jowie before and after the murder. It was revealed that Jowie used another person's identity card to access the apartments of Kimani on the fateful day. The judge noted that this action suggested that Jowie planned to commit the offence

The security personnel was also the last person to be seen with the deceased in her house.

"When the Doctrine of Last Seen is applied, the law presumes that the person last seen with the deceased was responsible for their death, and the accused is supposed to present an explanation of what happened," Justice Nzioka stated.

Further, forensic analysis of blood stains found in Jowie's shorts confirmed that the blood belonged to the deceased.

Jowie had been charged alongside his ex-fiance, Former Citizen TV anchor Jacque Maribe. Maribe was found not guilty.

An image of the late businesswoman Monica Kimani who died on September 19, 2018 at her Kilimani apartment.

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DCI

The High Court sitting in Kisumu on Monday, March 4, threw out a petition challenging the procession of the Affordable Housing Bill. 

As such, the National Assembly and Senate were allowed to continue debating the Bill as Kenya Kwanza lawmakers seek to pass the piece of legislation into law.

Lawrence Omule Apiyo acting as the petitioner had listed; the Attorney General, the Cabinet Secretary for Lands and the National Assembly as respondents arguing that the Housing Bill had not been subjected to satisfactory public participation.

"The third respondent (National Assembly) cannot be faulted for the manner in which it has conducted public participation in respect of the Affordable Housing Bill No 75 of 2023," the judgement read in part.

Kenya Kwanza vs Azimio's side during the voting for the Affordable Housing Bill on February 20, 2024.

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Kenyans.co.ke

"This court finds that public participation conducted by the third respondent was effective and constitutionally compliant."

The Court was told that National Assembly Majority Leader Kimani Ichung'wah tabled the Bill in Parliament on December 4, 2023, before it underwent its first reading on December 7, 2023. 

Subsequently, on December 9, 2023, members of the public were invited to physically present their comments about the Bill to Parliament Buildings, Nairobi or send them through a provided email address with a deadline set for December 28, 2023.

"The petitioner was aggrieved by the mode of submission of the memorandum and the timelines as provided," Court documents indicated why the petition was filed.

In defence, the National Assembly argued that after issuing the aforementioned invite for public comments, it went ahead and conducted public participation by creating public awareness and contacting the public through meetings and feedback mechanisms. 

The petitioner relying on earlier notice stated that the timeline provided for public participation was too short and went ahead and filed his case. 

It was noted that the petitioner was arguing his case at the same time that the National Assembly was conducting public hearings in Narok County at the Town Social Hall.

"This court concurs with the respondents on their position that the petition breached the principle of ripeness as the petitioner presumed that the third respondent intended to conduct public participation through one mode, that is through submission of memoranda when he filed this petition," the High Court ruled. 

The National Assembly passed the Affordable Housing Bill on February 2 and subsequently forwarded it to the Senate. 

Parliament Majority leader and Kikuyu MP Kimani Ichungwa with President William Ruto.

Kimani Ichungwa

Kenya and Haiti have formalised the deployment of 1,000 police officers to the Carribean country. 

The agreement was signed on Friday, March 1, by Interior Cabinet Secretary (CS) Kithure Kindiki and the Haiti Security Minister at State House.

Also present were President William Ruto and Haiti Prime Minister Ariel Henry. 

The deal comes despite a court order that barred the deployment plan, terming it as unconstitutional. 

President William Ruto and former Haiti Prime Minister Ariel Henry, at State House, Nairobi on February 29, 2024.

PCS

The Haiti Prime Minister arrived in the country on Thursday, after an invitation from President William Ruto, which he stated was to finalise the agreement between the two states to send Kenyan troops to the troubled country. 

In the meeting held at the state house, Ruto promised to help Haiti solve the gang problem in the Caribbean nation, as the two countries share the same origin. 

"We are offering the experience and expertise of our police officers in the Multinational Security Support Mission in Haiti as mandated by the United Nations Security Council and as guided by our courts," Ruto stated.

This comes after a gang staged an attack, sieging Haiti's main airport, government agencies, and police stations, which paralysed operations in the country on Thursday, February 29. 

In a video circulating on social media, Jimmy Cherizier, leader of the gang federation G9 Family and Allies, revealed that a plan was underway to seize control of the government operations. 

Warning Prime Minister Henry not to return from Kenya, the gang leader further directed his crew to reign on police posts, leading to the death of four people. 

On January 26, the High Court in Nairobi through a ruling delivered by Judge Chacha Mwita declared police deployment to Haiti unconstitutional, adding that the National Security Police could not deploy police officers outside the country.

US Ambassador to the United Nations Linda Thomas-greenfield speaking at a conference on Monday revealed that Benin has also offered 2,000 troops to support the planned Kenyan-led international force to Haiti.

A photo collage of Haiti Gang patrolling Port-au-Prince and President William Ruto greeting Haiti Prime Minister Ariel Henry at State House, Nairobi on February 29, 2024.

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PBS, PCS

Former State House Comptroller and Kenya's Ambassador to the Kingdom of Netherlands, Lawrence Lenayapa, passed away on Thursday, February 28.

Born in 1964 and hailing from Kargi in Laisamis, Lenayapa was 59 years old at the time of his passing.

Ambassador Ukur Yatani conveyed his condolences to the family, stating, "My condolences to the family of Amb Lawrence Lenayapa following his passing this morning. May Almighty God rest his soul in eternal peace and give solace to the family."

However, the details of the cause of death are yet to be made public.

A collage photo of the former Ambassador Lawrence Lenyapa and the former President Uhuru Kenyatta

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The Ambassador commenced his service in Kenya’s mission to the Kingdom of Netherlands in 2018, followed by his tenure as the State House Comptroller for the Kenyan Presidency.

During his tenure in the Netherlands, Lenayapa held the role of Permanent Representative of Kenya to the Organisation for the Prohibition of Chemical Weapons (OPCW) and led Kenya's delegation to various other international organizations in the country.

Previously, Lenayapa served as the State House Comptroller from 2013 to 2018. He was appointed to this position by former President Uhuru Kenyatta shortly after Kenyatta assumed office as President.

As the comptroller, his role included managing the finances and the operations within the State House including managing the financial resources of the house.

In addition to his responsibilities as State House Comptroller, Lenayapa oversaw the proper execution of various functions within the House, including transportation, security, communication, catering, and general administration.

The career civil servant has worked as a District Commissioner in Baringo and Kiambu and he also previously held the position of Principal Secretary at the Ministry of Environment and Mineral Resources.

Lenayapa made headlines in 2020 when he wrote a letter to the International Criminal Court (ICC) rejecting the candidates list proposed by the court for the prosecutor position.

Despite being a powerful and public figure, Lenayapa led a largely quiet life preferring to keep his private life out of the public eye, with little being known about it.

An image of State House in Nairobi.

File

The Kenya Medical Practitioners, Pharmacists and Dentists Union (KMPDU) on Thursday confirmed that its Secretary General Davji Atellah had been shot by the police as he was leading medical interns in a protest within Nairobi.

Without delving into further details, the Union in a statement, condemned the incident and hinted at rallying its members to protest against the government's indifference to the plight of doctors in the country.

By the time of publishing this article, it was still not clear where the Secretary General had been shot and the severity of the injury.

"We condemn in the strongest terms the shooting of our SG Davji Attelah by the police this afternoon when he was leading the Medical interns in a peaceful march. The doctors of Kenya have endured enough! This is the straw that breaks the camel's back," read the statement.

Earlier, images showing the injured SG surfaced online, sparking outrage amongst doctors and Kenyans in general.

KMPDU SG Davji Atellah during protests in Nairobi on Thursday, February 29, 2024

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KMPDU

Images seen by Kenyans.co.ke showed Atellah receiving treatment at the Nairobi Hospital following the shooting.

Meanwhile, the protest ended as police abruptly dispersed the interns.

The KMPDU Western Kenya branch has since called for a crisis meeting to deliberate on the same. 

The protest comes after the doctors on January 31 warned of a three-day strike over the criteria used in absorbing medical interns.

Atellah, who led the press briefing on that day, issued a one-month window to the Ministry of Health, to hire the interns or else all doctors across the country would down their tools.

“We write to inform you of our intention to conduct a peaceful procession concerning the delayed posting of medical interns and the payment of fees for postgraduate students. The procession is scheduled to take place on Thursday, 29th February 2024, commencing at 9:30 am,” Atellah commented.

He also vowed to collect the interns' placement letters on the stated date, if the Ministry failed to send them out.

Since then, the interns themselves have staged a protest outside the Ministry of Health offices as their demands landed on deaf ears.

Graduate doctors and medical students stage protests outside Afya House on February 12, 2023.

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Ramesh Saxena

The Financial Action Task Force (FATF) has officially placed Kenya on the grey list for international Anti-Money Laundering, Countering the Financing of Terrorism, and Proliferation of Weapons of Mass Destruction. 

Treasury Cabinet Secretary Njuguna Ndung'u, on Friday, confirmed the recent developments, stating that the new rating necessitates Kenya to enhance monitoring to ensure compliance.

What's a Grey List? 

A grey list comprises countries at risk of failing to combat money laundering and terrorism but have made efforts to address the challenges. 

An illustration of someone engaging in cybercrime

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The Sun

"This underscores the imperative for swift and comprehensive action to bolster our compliance efforts. It is important to note that Kenya underwent an assessment conducted by the Eastern and Southern Africa Anti-Money Laundering Group (ESAAMLG) in 2022. The evaluation revealed a mixed picture," Ndung'u stated. 

Efforts Taken by Kenya to Combat the Vices

He, however, added that the Kenya Kwanza government, after the inauguration, assessed the report and embarked on several interventions and initiatives to implement the recommended actions. 

"This required both legal and regulatory reforms as well as a number of institutional actions," the CS disclosed. 

Among the measures put in place by Kenya include the enactment of the AML/CFT (Amendment) Act, 2023, which involved a comprehensive overhaul of existing legislation on anti-money laundering and terrorism. 

The 2023 Act comprised 17 amendments aimed at addressing various legal and technical compliance deficiencies identified in the Mutual Evaluation Report (MER). 

"These amendments represent a crucial step towards aligning Kenya's legal framework with international standards. Kenya has thus demonstrated compliance in certain areas while facing challenges in others," Ngung'u stated. 

The amendment of the existing laws was also extended to the Proceeds of Crime and Anti-Money Laundering Regulations, 2013 to align it with the AML/CFT Amendment Act. Treasury gazetted the new regulations on October 6, 2023. 

Kenya also reviewed the Prevention of Terrorism (Implementation of the United Nations Security Council Resolutions on the Suppression of Terrorism) Regulations, 2022. 

The Central Bank of Kenya and other investigative authorities were ordered to carry out audits to ensure banks, real estate agencies and casinos adhere to the new changes. 

Lawyers, through the Law Society of Kenya, also coordinated with relevant authorities including the Financial Reporting Centre (FRC) to help combat money laundering. FRC is an independent body which assists in unearthing proceeds of crime and combating money laundering.

Kenya Pledges to Enhance Monitoring 

"Collaboration and technical assistance from these partners will be crucial in our efforts to enhance our framework, strengthen regulatory institutions and expedite our exit from the grey list.

A photo of money recovered during a raid in Ngara on August 15 displayed on a table.

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DCI

"While there are still strategic deficiencies that require urgent attention, Kenya remains fully committed to implementing the FATF Action Plan comprehensively and expeditiously," Ndung'u promised. 

He added that the Treasury will review the developments and seal all loopholes  

The Cabinet has approved the digitisation of the entire education system in the country in a move aimed at streamlining services.

In a Cabinet dispatch issued on Wednesday, it was noted that the digitisation programme would eliminate various issues bedevilling the education sector including running of parallel school accounts and overcharging of fees.

On the other hand, President William Ruto's Cabinet explained that digitisation would eliminate enrollment of ghost students.

"In keeping with the Administration’s digital transformation agenda, Cabinet sanctioned the digitization of the entire education system, spanning from basic education to tertiary and university levels.

President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.

PCS

"This intervention aims to address the governance challenges within our education system that has led to parallel accounts, charging of unauthorised school fees, diversion of the exchequer releases on capitation and other fraudulent activities that undermine the integrity of the education system, leading to the enrollment of ghost students," read the dispatch in part.

Following the approval, Education Cabinet Secretary Ezekiel Machogu is expected to issue guidelines on how the digitisation plan will be implemented.

Initially, only national schools were targeted by the eCitizen plan. In the directive that was issued early in the month, Education Principal Secretary Belio Kipsang noted that parents would begin making payments through the eCitizen platform.

However, the directive was challenged in court with the High Court in Nairobi temporarily halting the process.

In the ongoing court case, Justice Chacha Mwita extended the orders till  April 17 when the matter will be heard and determined.

Notably, parents had also lamented over the digitisation plan given that some of them often substitute fees with delivery of items such as maize, and firewood among others.

On the other hand, teachers also questioned how schools would get access to the money given the process that is expected to be enforced in the eCitizen plan.

"There are also parents who do casual jobs in schools to pay fees for their children. How will they be able to do so on the e-Citizen platform?"Kenya Union of Post Primary Education Teachers (KUPPET) secretary general Akelo Misori wondered.

President William Ruto issuing the KCPE and KPSEA National Examinations at the Kikuyu Township Primary School, Kiambu County on October 30, 2023.

PCS

The Energy and Petroleum Regulatory Authority (EPRA) has announced a reduction in fuel prices.

The prices of Super Petrol, Diesel and Kerosene were reduced by Ksh1 each.

As such, a litre of petrol will retail at Ksh206.36 while diesel will be valued at Ksh195.47 in Nairobi. Kerosene, on the other hand, will be sold at Ksh193.23 for the next month.

"In the period under review, the maximum allowed petroleum pump price for Super Petrol, Diesel and Kerosene decrease by KShs.1.00 per litre respectively," read the statement in part.

A fuel attendant in Kenya.

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EPRA revealed that the new prices are inclusive of the 16 per cent Value Added Tax (VAT) as outlined by the Finance Act 2023, the Tax Laws (Amendment) Act 2020, and the revised rates for exercise duty adjusted for inflation.

The authority indicated that the price of diesel was cross-subsidised with that of Super Petrol while Kerosene was fully stabilised. 

"Oil Marketing Companies (OMCs) will be compensated for the under-recovery of costs from the Petroleum Development Levy (PDL) Fund," EPRA added.

"The purpose of the Petroleum Pricing Regulations is to cap the retail prices of petroleum products which are already in the country so that importation and other prudently incurred costs are recovered while ensuring reasonable prices to consumers."

Previously, Super Petrol retailed at Ksh207.36, Diesel at Ksh196.47, and Kerosene at Ksh194.23.

This comes as the Shilling continues to show signs of recovery after more than a year of downward spiral.

The Central Bank of Kenya through a notice issued on Tuesday, February 13, indicated that the Kenyan Shilling was trading for 158.66 units against the US Dollar.

CBK in a statement revealed that the Shilling had continued to stabilise, attributing the gain to favourable diaspora remittances and the thriving Tourism industry. 

A photo of Energy CS Davis Chirchir

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Ministry of Energy

The Office of the Director of Public Prosecutions (ODPP) has filed a notice of appeal against the High Court judgement that acquitted Jacque Maribe in the murder case of businesswoman Monica Kimani. 

ODPP stated in the notice that it was dissatisfied with the decision to free the former Citizen TV news anchor.

“Take notice that the Republic, the intended Appellant herein, being dissatisfied with the decision of the High Court of Kenya at Nairobi (Hon. G. Nzioka), delivered in Nairobi on February 9, 2024, appeals to the Court of Appeal against the part of the judgment acquitting the 2nd Accused Person,” the notice read in part.

In the ruling, Judge Grace Nzioka declared that the DPP did not provide enough evidence to implicate Maribe in Monica's murder. 

Former Citizen TV news anchor Jacque Maribe (left) and Joseph Irungu alias Jowie at Milimani Law Courts in Nairobi on February 9, 2024.

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She added that ODPP preferred the wrong charges against her as the court accused her of perjury rather than murder. Maribe was said to have willingly lied to police officers to derail the case. 

While acquitting Maribe, Judge Grace Nzioka found Joseph Irungu alias Jowie guilty of murder and set his sentencing to March 8.  

"The evidence that the prosecution has brought before this court on the second accused person relates to events of September 20, 2018, and that is the shooting incident," Judge Nzioka stated that the exhibit linked Maribe to Jowie intentionally shooting himself to change the trajectory of the murder case. 

She thus urged the ODPP to take decisive action based on their constitutional mandates. 

Maribe when asked for a comment following the ruling, quoted a Bible verse, "I have nothing to say but for you shall know the truth and it shall set you free.”

His lawyers added that they will await further directives before deciding on their way forward. 

“She was not at the scene. And in a way we really blamed the prosecution for maintaining an insistence on this case, when it had no basis,” her lawyer  Katwa Kigen insisted. 

"We want to say that throughout the period, her conscience has been clear, and the evidence has never at any time suggested that she was implicated," he added. 

Joseph Irungu alias Jowie during court proceedings on February 9, 2024.

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ODPP