Explainer: The Death Sentence Puzzle and What it Means for Jowie

In a hurry? Here’s a quick summary…

  • Joseph Irungu, also known as Jowie, received a death sentence in Kenya’s highly publicized murder trial, reigniting debates on the death penalty in the country.
  • Following a Supreme Court ruling in 2017, judges gained discretion in sentencing murder convicts, leading to a resurgence of death penalty verdicts with significant implications for those convicted.
Jowie Irungu
Joshua Irungu alias Jowie appears in court for judgment in Monica Kimani murder case. PHOTO| COURTESY

The recent verdict in the highly publicized trial of Joseph Irungu, also known as Jowie, was nothing short of momentous—it marked the climax of Kenya’s most closely followed murder case to date, delivering a resounding death sentence

This outcome reignited the contentious debate surrounding the death penalty in Kenya.

Joseph Irungu’s fate reopened discussions about the appropriateness of capital punishment in the country, especially as his sentencing unfolded live on television, reminding Kenyans of the weighty consequences associated with such a severe penalty.

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Irungu joins the ranks of those who have faced the controversial punishment, which, until 2017, was mandatory for murder under Kenyan law. 

However, a pivotal ruling by the Supreme Court in the case of Francis Karioko Murutatetu & Another vs. the Republic altered the landscape, deeming the mandatory imposition of the death penalty unconstitutional.

Following this ruling, judges were granted discretion in sentencing murder convicts, allowing for the possibility of a death penalty but not mandating it as the sole recourse. Justice Grace Nzioka’s recent decision to impose the death penalty on Irungu underscores the gravity of his crime and the profound ramifications it entailed.

Since 2017, Kenyan courts have been handing down death sentences, resulting in a significant number of individuals being placed on death row. 

According to a report by Amnesty International, by the close of 2022, 656 individuals were recorded awaiting execution.

Currently, capital punishment can be imposed on individuals convicted of various offenses, including murder, robbery with violence, attempted robbery with violence, or treason. 

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Over the years, Kenya has executed 280 individuals who were sentenced to death, with the most recent being Hezekiah Ochuka in 1987 for his involvement in the attempted coup of 1982.

Ochuka, a Senior Private in the Kenya Air Force, met his fate at Kamiti Maximum Prison just shy of his 34th birthday, serving as a stark reminder of the irreversible nature of capital punishment within the country’s judicial system.

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