09 February 2024

• Justice Grace Nzioka issued the directive shortly after ruling that Jowie was guilty of murder

Late businesswoman Monica Kimani's murder convict Joseph 'Jowie' Irungu will be sentenced on March 8, 2024.

Justice Grace Nzioka issued the directive shortly after ruling that Jowie was guilty of murder.

"I am cancelling your bond. You will be held in custody until the 8th of March," Justice Nzioka said.

Jowie was found guilty based on circumstantial evidence adduced in court.

Justice Nzioka ruled that the prosecution proved beyond a reasonable doubt that Jowie murdered the late businesswoman.

"Having considered the evidence in this matter it is the finding of this court that the prosecution has adduced adequate evidence and has met the threshold. It is the finding of this court that the first accused person murdered the deceased," ruled Justice Grace Nzioka.

"The first accused person stole the ID of Dominic Bisera two days before the commission of the offence, armed himself with a gun, carried a Kanzu, put it over his clothes, went to Lamuria gardens, disguised his identity, gained access to the apartment of the deceased, murdered the deceased, left the deceased's house, changed his clothes and eventually went home and burnt the clothes which he wore during the commission of the offence."

Justice Nzioka added:

"It is the finding of this court that all this evidence taken cumulatively leads to a strong conclusion that the first accused person murdered the deceased."

Circumstantial evidence is evidence of facts that the court can conclude from.

For example, if the murder happened at an apartment around 6.15 pm, you can give evidence that you saw the accused leaving the house at the time the murder occurred.

In that situation, you are giving the court circumstantial evidence.

Penal Code Section 204 states that anyone found guilty of murder, robbery with violence, treason and other capital offences shall be hanged.

In 2017, however, the Supreme Court declared the mandatory death sentence unconstitutional but did not outlaw it.

The ruling gave judges discretion to decide whether to hand down the death sentence or life imprisonment.

Though death sentences are frequently handed down, the last execution was in July 1987 when Kenya Air Force senior private Hezekiah Ochuka was hanged for the 1982 coup attempt.