Azimio la Umoja - One Kenya coalition spokesperson Makau Mutua has weighed in on Justice Grace Nzioka's decision to sentence Joseph Irungu alias Jowie to death after being found guilty of Monica Kimani's murder.
Jowie, sentenced on Wednesday, March 13, 2024, was found guilty of the crime on February 9, 2024.
Presenting the ruling, Justice Nzioka stated that Monica's murder was not a defensive act or out of provocation but was instead planned, intended and executed.
Justice Nzioka also revealed that the prosecution had called for Jowie's death sentence.
"I have ordered that the first accused person, Joseph Kuria Irungu alias Jowie, shall suffer death as provided for the offence of murder under section 204 of the Penal Code of Kenya.
"After the commission of the offence, there was an attempt to conceal the evidence. The crime had serious psychological and physical harm to the victim and the family. The prosecution invited this court to pronounce a death sentence," Lady Justice Nzioka said.
What Mutua said
In his remarks, Mutua disagreed with the court's decision saying the death penalty was not acceptable in modern-day society and that no court should ever impose the penalty to any offender regardless of the weight of the crime committed.
Defending his sentiments, Mutua disregarded the penalty stating that it does not bring back the victim to life nor stop future killers, he subsequently termed it as vengeful, primitive, callous and without any redemption to benefit the society.
"The death penalty has no place in any modern society. It’s jurisprudentially inconsistent with the logic, values, and legal philosophy that undergird Kenya’s 2010 Constitution. No court should ever impose such an irreversible penalty on ANY offender in Kenya, no matter the heinousness of the crime, or how despicable and depraved the felon.
"Degrees of savagery, depravity, or heartlessness do not vacate the moral, practical, and philosophical indefensibility of the death penalty and its finality. Nor does the death penalty bring back the victim or deter future killers. It’s vengeful, primitive, and callous and without redemption or any single benefit to society. An eye for eye makes the entire society blind," Mutua wrote on his official X account.
Mutua's remarks come amid reactions from a section of members of the public regarding Jowie's death sentence with a few thinking that he will be hanged in prison should he fail to appeal his sentence.
THE death penalty has no place in ANY modern society. It’s jurisprudentially inconsistent with the logic, values, and legal philosophy that undergird Kenya’s 2010 Constitution. No court should EVER impose such an irreversible penalty on ANY offender in Kenya, no matter the…— Prof Makau Mutua (@makaumutua) March 14, 2024
