Jowie appeals to court over delay in release of trial record, seeks clarity on exhibits

Joseph Irungu, alias Jowie, who was sentenced to death for the murder of businesswoman Monica Kimani, has expressed frustration over the delay in receiving his trial record, which is crucial for his appeal against the sentence.

Jowie, who was convicted and sentenced on March 13, 2024, filed a notice of appeal two days after his conviction.

However, almost a year later, his legal team has yet to receive the necessary trial records to pursue his case in the Court of Appeal.

Through his lawyer Andrew Muge, Jowie informed the court on Tuesday that despite numerous efforts to contact court administrators, the appeal records have not been provided.

The trial record is essential for any proper appeal as it includes a detailed account of the trial, the judge's notes, the judgment, and other necessary documents.

"The record is crucial to enable us to take further steps at the Court of Appeal," Muge told the court, appealing for its intervention to expedite the process.

In response, Herman Omiti, the lawyer representing Monica Kimani’s family, also emphasised the importance of having the record available.

Omiti also requested the release of several exhibits, including a mobile phone, which were part of the evidence presented during the trial.

Jowie's legal team opposed the release of the items, asserting that they were critical exhibits and should not be removed while the appeal is still pending.

The dispute over the items continued as the court raised concerns about the delay in the appeal process.

This new legal battle comes at a time when the appeal process is facing significant setbacks.

Murder scene

The trial, which concluded in February 2024, led to Jowie's conviction for the murder of Monica Kimani, whose body was discovered in her Nairobi apartment on September 19, 2018.

Monica's throat had been slit, and her body was found in a bathtub with evidence suggesting that the murder was deliberate and planned.

While sentencing Jowie, Justice Grace Nzioka described the crime as "heinous", and noted that the act was carried out with precision, indicating that the killer had some level of training.

Jowie has since filed an appeal, contesting the death sentence.

However, without the trial record, his legal team is unable to proceed with the appeal.

At the latest hearing, the High Court Registrar Theresa Nyangena ordered that the matter be mentioned again on January 28, 2025, to confirm the status of the record and address the request for the release of exhibits.