Jowie files intention to appeal conviction and sentence
National
By
Kamau Muthoni
| Mar 15, 2024
Murder convict Joseph Irungu alias Jowie has filed an intention to appeal the High Court verdict on Monica Kimani's death.
Jowie in his notice filed by his lawyer Andrew Muge says he is aggrieved by both the conviction and sentence.
"Take notice that Joseph Kuria Irungu Alias Jowie appeals to the Court of Appeal against the decisions of the Honourable Lady Justice Grace Nzioka delivered in open court at Milimani, Nairobi on the 9th day February 2024 and in her written judgment dated 9th February 2024 whereby the Appellant was convicted of Murder and sentenced to death on 13th March, 2024. The appeal is against the conviction and sentence," the notice reads in part.
Justice Nzioka found that Jowie was at the heart of the murder and ordered that he should suffer death.
The judge observed that the 33-year-old killed Nyawira in cold blood and left her tied in a bathtub.
The other factor that Justice Nzioka relied on in declining to order Jowie to serve a jail term was that he burnt the kanzu he wore on the night of the murder in a bid to conceal evidence.
According to the judge, the prosecution also proved that Nyawira never provoked Jowie.
She then delved into his character, noting that a pre-sentencing report had shown that Jowie was a man of double personality.
The judge observed that the lead investigator - Chief Inspector Maxwell Otieno - had described Jowie as a dangerous person as he was allegedly involved in a fight after he was released on bail.
Justice Nzioka said she had no other conclusion than to rule that Jowie suffers death.
This was after factoring in the pre-sentence report, Jowie's mitigation, Nyawira's family submissions and those of the DPP.
All through, Jowie stood and blankly stared at Justice Nzioka. When she finally landed the banger, you would feel the pain her word inflicted into Jowie's soul.
His face was crestfallen as he bent and clutched his arms.
Justice Nzioka again did it in a suspenseful manner.
" I have..." said Justice Nzioka as she flipped court file papers, then paused, and looked him in the face, and continued ... " ordered that the first accused person before this court Joseph Kuria Irungu alias Jowie"... then flipped the papers again.
Nzioka then concluded that he will suffer death as provided by the law unless her orders are set aside.
Jowie has 14 days to appeal the conviction and the sentence.
In the appeal, the court may overturn both, order a retrial, affirm the verdict or give its own sentence.