Update: Justice Grace Nzioka sentenced Jowie to serve the death penalty for the murder of businesswoman Monica Kimani.
Joseph Irungu alias Jowie Irungu filed an application addressing the family of deceased businesswoman Monica Kimani who was killed in September 2018.
During the proceedings at Milimani Law Courts on Wednesday, March 13, Justice Grace Nzioka read the application indicating that Jowie appealed to Kimani's family to find peace amid the circumstances.
He acknowledged the tragic loss of their kin and understood the pain and fear the family went through over the course of the past five years.
Here is the statement as read by Justice Grace Nzioka:
"He said that nothing he says at this stage will relieve the pain of the family and he says the less he says the better. He expresses his sadness and such a tragic loss of life on extreme circumstances bordering (this caught my attention) on an act of absolute madness that is beyond understanding even to him (as he stands there convicted).
He says that it is his prayer that the deceased's family will find peace and that her soul will rest in eternal peace. He understands the terrible fear and pain that the deceased must have undergone in the hands of the perpetrator and he cannot perceive the same. He does appreciate that monetary compensation cannot relieve the pain of the loss of a loved one.
It is his prayer that the court can meet a custodial sentence. Although the victim's family is calling for a death sentence, the father of the victim was publicly heard saying he will not take vengeance and so the court should consider his views. He invited the court to consider that he is a first offender and was convicted purely on circumstantial evidence and also the period he has spent in custody."
While delivering her ruling, Justice Nzioka noted she had to consider the pre-sentence report filed by the probation department.
"The accused person is 33 years old, his parents are alive and has three siblings. It indicates that Jowie moved to Dubai after completing a diploma in Food production in 2011. Thereafter he received training in tactical in military at Dubai Police Academy. After the training he was licensed to offer private security.
"At the time he was arrested, he was providing security to persons in the political sector and was at an advanced stage of registering his security firm," Justice Nzioka stated.
The probation report also showed Irungu's family's perspective on the matter, who pleaded with the court for leniency in sentencing.
"He is a staunch Christian and has produced several music videos and was involved in church activities. On the offence, the report states that Jowie maintains his innocence and that he was shocked and depressed to be linked with the murder.
"Jowie's family describes him as social, overly generous, respectful to the authority and committed Christian and believes in innocence although he has painfully accepted the conviction. The family has stated that they have faced a lot of stigma and financial drain in the form of legal costs."
"They have expressed empathy for the family of the deceased and pray that the perpetrators will be found. They pray for leniency in sentencing."
On the other hand, investigating officer Maxwell Otieno described Jowie in the report as a violent person who was involved in a physical altercation with another individual at a local club at the time he had been released on bond.
The investigating officer called for the maximum sentence as prescribed by the law.
