High Court sentences Jowie to death for the murder of Monica Kimani

In Kenya death sentences are commuted to life imprisonment without the option of probation or parole.

While sentences are defined by law, the measure of what is an appropriate sentence in a given case is left to the discretion of judges and magistrates.

According to the pre-bail report, Jowie lacks stable partner relationships, exhibits anti-social personality and is a thrill seeker who uses his anger to control others.

Joseph Irungu alias Jowie (left) in court for sentencing Joseph Irungu alias Jowie (left) in court for sentencing Pulse Live Kenya

While delivering her judgement, the judge emphasised the gravity of the crime, describing it as a heinous act and a loss to society.

Lady Justice Nzioka, noted the intentional and planned nature of the murder and the profound impact it had on Kimani's family, particularly her mother, who suffered depression and stroke following her only daughter's death.

Principles of sentencing considered by high court

Minimum intervention

Minimum sentence intervention, also known as mandatory minimum sentencing, refers to a legal policy where certain crimes carry a predetermined minimum sentence that must be imposed upon conviction, regardless of mitigating factors or individual circumstances.

Principle of equality before the law

The principle of equality before the law in delivering a sentence is a fundamental aspect of a fair and just legal system.

It stipulates that all individuals, regardless of their background, wealth, social status, race, gender, or any other personal characteristic, should be treated equally under the law and receive similar treatment in sentencing for similar crimes.

This principle ensures that the administration of justice is impartial and free from discrimination or favoritism.

Principle of proportionality

The principle of proportionality in sentencing is a fundamental concept in criminal justice systems that dictates that the severity of a punishment should be proportionate to the seriousness of the offense committed.

In other words, the punishment imposed should be neither too lenient nor too harsh but rather balanced and appropriate given the nature and circumstances of the crime.

Prison as last resort

The principle of imprisonment as a last resort is a fundamental concept in criminal justice systems that emphasizes the use of incarceration as a measure of last resort, to be employed only when all other alternatives have been considered and found inadequate or inappropriate to address the circumstances of the offense and the needs of the offender.

Joseph Irungu alias Jowie (left) in court for sentencing Joseph Irungu alias Jowie (left) in court for sentencing Pulse Live Kenya

Cost effectiveness

The principle of cost-effectiveness in sentencing refers to the consideration of the financial and resource implications of different sentencing options within the criminal justice system.

This principle emphasizes the efficient allocation of resources to achieve the desired outcomes of punishment, rehabilitation, and public safety.

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High Court sentences Jowie to death for the murder of Monica Kimani

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