NAIROBI, Kenya, Mar 13 – Justice Grace Nzioka has said Joseph Irungu alias ‘Jowie’ is ineligible for rehabilitation saying the crime he committed is beyond restitution.
Speaking on Wednesday as she renders the judgement, Justice Nzioka said a person who is given rehabilitation must first and foremost acknowledge the commission of the offense and the need to reform which Jowie did not acknowledge to commit the offence.
A non-custodial sentence serves the purpose of providing an accused person with an opportunity for rehabilitation.
“My answer was in the negative, for the simple reason that a person who is given rehabilitation must first and foremost acknowledge the commission of the offense and the need to reform. Without that attitude, there will be no need to consider rehabilitation,’ she said.
“He will not appreciate therefore an order in vain.”
Nzioka while reading the judgement said Jowie had appealed to avoid the death penalty imploring Nzioka to consider a custodial sentence citing his status as a first-time offender.
“It was not a defensive act. It was not out of provocation. It was planned, intended and executed,” ruled Justice Nzioka.
On February 9, 202, Jowie was found guilty of the murder of Monica Kimani, who was brutally killed in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018.
Justice Nzioka ruled that the prosecution had provided sufficient evidence to establish Jowie’s culpability beyond a reasonable doubt.
