The High Court in Nairobi has directed Joseph Kuria Irungu, also known as Jowie, through his lawyer, to comply with previous court instructions regarding the proper service of documents in his ongoing appeal case. Jowie, who was convicted of the murder of businesswoman Monica Kimani, is challenging both the conviction and the death sentence handed to him.
In the latest development, the court noted that Jowie’s lawyer, Andrew Muge, failed to serve the Directorate of Public Prosecutions (DPP) physically as had been ordered earlier. Instead, he opted to serve the documents electronically. This was contrary to the directive issued on April 17, 2025, which specified that the DPP must be served in person.
The presiding judge, Justice Lawrence Mugambi, emphasized the need for compliance with court instructions and ordered that the DPP be served physically within seven days. Once that is done, a return of service is to be filed to confirm compliance.
Following proper service, the DPP is required to file a response within 14 days. The court further directed that Jowie’s legal team may then file a supplementary affidavit and submissions if necessary. Subsequently, the respondents will have 14 days to file their submissions, after which the petitioner will have a further seven days to file a rejoinder.
Jowie, who is currently held at Kamiti Maximum Prison, appeared virtually for the mention of his case. He was sentenced to death in February 2024 after being found guilty of the murder of Monica Kimani by Lady Justice Grace Nzioka. The murder occurred on September 19, 2018. The body of the victim was discovered in her Nairobi apartment, placed in a bathtub with her throat slit and her hands and feet bound with electrical cables.
Following his conviction, Jowie lodged a constitutional petition challenging the legality of the death sentence. In his argument, he termed the punishment as cruel, inhumane, and degrading. His petition contests the constitutionality of the death penalty, citing Article 26(1) of the Kenyan Constitution, which guarantees the right to life.
Through his legal representative, Jowie also filed a notice of intention to appeal both the conviction and the sentence. His appeal seeks to have the death penalty declared unconstitutional and the judgment against him overturned or altered.
The court has scheduled the next mention of the matter for October 21, 2025, before Justice Bahati Mwamuye, who will issue further directions on the hearing of the appeal. Until then, Jowie remains incarcerated at Kamiti Maximum Prison, awaiting the progression of his appeal process.
