Justice Grace Nzioka's judgement on businesswoman Monica Kimani's murder case on Wednesday was a heavy blow to Joseph 'Jowie' Irungu who was convicted of the offence.
Justice Nzioka sentenced Jowie to death for murdering Monica in 2018.
"I have ordered that the first accused person, being Joseph Kuria Irungu alias Jowie, shall suffer death as provided for the offence of murder under Section 204 of the Penal Code of Kenya," Judge Nzioka ruled.
Following the verdict, which the judge said echoes the gravity of the crime committed, Jowie is left with two choices:
Let the verdict be and serve the full sentence
Jowie could decide not to challenge the High Court's decision and instead serve the sentence.
In December 2017, the Muruatetu landmark ruling by the Supreme Court declared the mandatory nature of the death penalty unconstitutional.
Addressing the issue, Justice Nzioka noted that the Supreme Court directed that a court ought to take into account the evidence, nature and circumstances of the event to arrive at an appropriate sentence.
She stated that the three guidelines had been taken into consideration and had satisfied the sentence handed.
"This murder was intentional. It was not a defensive act. It was not out of provocation. It was planned, intended and executed," she said.
The judge noted that the apex court termed the mandatory nature of the death sentence as unconstitutional and not the death sentence itself.
"The case declared that the mandatory nature of the death sentence is unconstitutional and that it did not declare the death sentence unconstitutional," she stated.
She noted that both the prosecution and Monica's family had invited the court to issue a death sentence, " which is stipulated under section 204, which says a person convicted for the offence of murder shall suffer death".
Although the death penalty is listed in the laws, no executions have taken place since 1987.
Death sentence therefore means that a convict will remain in jail until death and not by execution.
Appeal against the decision
On the other hand, Jowie might decide to challenge the sentencing at the Court of Appeal.
To file an appeal, Jowie will be required to first file a Notice of Appeal within 14 days from March 13.
According to the Judiciary, the notice of appeal should be filed in the first instance with the Registrar of the Court.
The notice of appeal should be served upon all the directly affected parties within seven days of filing.
"An appeal to the Court shall be instituted within 30 days of filing the notice of appeal where the appeal is as of right; or 30 days after the grant of certification, where such certification is required," the Judiciary adds.
Among the reasons for appealing a sentence are legal errors during the trial or sentencing process, such as incorrect application of the law or failure to consider relevant legal principles.
Other grounds for appeal include newly discovered evidence that could affect the outcome of the case and if the sentence is seen as harsh or disproportionate given the nature of the offence.
Further, violation of the convict's constitutional rights during the trial or sentencing can be reason for appeal.
