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Joseph Jowie Irungu has been sentenced to death after he was convicted of killing businesswoman Monica Kimani. President William Ruto hosting sports officials at State House, Nairobi (l). Jowie Irungu at Miliamani Law Courts (r). What does death sentence mean? In an exclusive interview with TUKO.co.ke, Justice Fred Ochieng clarified that convicts sentenced to death are killed by hanging. However, it’s worth noting that Kenya hasn’t executed anyone since the era of the late president Daniel Moi. “In the death sentence, you are supposed to be hanged by the neck until you die. A rope is tied, and the noose is put around your neck. You are shown where to stand, then there is a trapdoor, it opens and you fall through it. So that is what kills you,” he explained. Before judgment, the court must hear the convict’s plea in cases of murder to potentially sway the sentencing away from death. Nonetheless, if they fail to persuade the court, they are automatically condemned to death. Following the pronouncement of the judgment, the judiciary relinquishes its role, as the executive arm of government oversees the prison department. Moreover, the convict cannot be executed until all avenues of appeal have been exhausted. Why is William ruto holding Jowie’s fate? Justice Ochieng highlighted that President William Ruto must grant consent by signing before a convict can be hanged. “The president has to sign for you to be hanged. The presidents have been commuting the sentence. Those sentenced to death have been commuted to life sentences where they serve until they die,” he elaborated. Another judge, Justice Stephen Radido emphasised that the convict has the option to petition the president for mercy. If the head of state grants clemency, the convict may be pardoned and reintegrated into society. However, there’s no specified timeframe for the president’s decision, hence the convict’s fate remains in limbo until an executive response is received. “It’s an entirely distinct process. There’s no set timeframe. Once they’ve submitted their plea to the president, they must await his response while incarcerated. Even if they appeal and the verdict upholds the initial judgment, they can still pursue relief through the executive,” he explained. It’s important to mention that in Kenya, many individuals initially sentenced to death have had their sentences commuted to life imprisonment. Who were last people to be executed in Kenya? The last people ever executed in the country after such a sentence were Kenya Air Force officers Hezekiah Ochuka, Pancras Oteyo Okumu and two others who were convicted for treason after the failed 1982 coup. Kenya has one special vacancy for a hangman which has not been filled for years now despite the huge unemployment rate in the country after chief executor, Kirugumi Wa Wanjiku, died of pneumonia in 2009.
by Nancy Odindo
