The High Court on Friday postponed the sentencing of Joseph Irungu alias Jowie to Wednesday, March 13, 2024.
The latest was confirmed by Lady Justice Grace Nzioka who stated that changes were made because crucial documents that would have assisted the court in concluding its final decision were filed late.
Justice Nzioka who was speaking during a session at the Milimani Law Courts also took issue with the change of counsel by the accused and his lawyer not filing a mitigation report as expected.
On his part, Jowie's lawyer asked for more time to review the pre-sentencing report before giving a reply on the matter.
In response to the lawyer, Justice Nzioka ordered that the replies be filed by Tuesday, March 12, 2024, so that she could sentence Jowie on Wednesday.
Jowie found guilty
Jowie was found guilty of the murder of businesswoman Monica Kimani on February 9, 2024.
In a ruling rendered by Nzioka, the court discovered that Monica was killed as proved by the prosecution contrary to claims that she died a natural death.
“It is the finding of this court that the first accused person (Joseph Irungu) murdered Monica Kimani. I find the first accused person guilty as charged,” the judge ruled.
"Monica Kimani didn't die a natural death nor an accidental death. Therefore, this is a clear case of homicide. The finding of this court is that the prosecution has proved that the death was unlawful," she added.
Justice Nzioka also found Jowie guilty of lying to the court that he didn't know Monica before she was murdered.
Contrary to Jowie's claims, the court found that Jowie was known to the deceased since they went to Kenya Polytechnic and were classmates.
"It is the finding of this court that the evidence by the first accused person (Joseph Irungu) that he didn't know the deceased prior to her death is an afterthought and is false. The first accused person was known to the deceased prior to her death," the judge ruled.
"Dominic Bisera lost his identity card on 17th September 2018 when he went to Royal Park Estate to look for casual work. There is evidence that the person who went to the deceased house on 19th September 2018 produced an ID in the name of Dominic Bisera. A witness identified the first accused person on the parade as Dominic Bisera," the judge added.
Additionally, the court also ruled that Jowie was the last person seen with Monica before her dead body was discovered.
"By the 19th of September 2019, the first accused person (Joseph Irungu) was in possession of a gun belonging to Brian Kasaine. I am in concurrence with the submissions by the prosecution that the gun was intended and used for the purpose of subduing the deceased," the court added.
