Azimio spokesperson Makau Mutua Now Says That the Death Penalty Has No Place, in Any Modern Society


Lawyer and Azimio Coalition spokesperson Makau Mutua now discredits the death sentence saying it has no place in any modern society. 

In a Thursday statement, Mutua asserted that such a sentence is legally incompatible with the Constitution of Kenya. He argued that such a penalty should not be imposed on any individual, irrespective of the offense they may have committed.

"The death penalty has no place in any modern society. It's jurisprudentially inconsistent with the logic, values and legal philosophy that undergirds Kenya's 2010 Constitution."

"No court should ever impose such an irreversible penalty on any offender in Kenya, no matter the heinousness of the crime, or how despicable and depraved the felon," said Makau Mutua in part. 

He further stated that the punishment fails to deter or prevent future acts of homicide and lacks any societal benefit. Additionally, he characterized it as a vindictive verdict.

"Degrees of savagery, depravity or heartlessness do not vacate the moral, practical and philosophical indefensability of the death penalty and its finality. Nor does the death penalty bring back the victim or deter future killers."

"It's vengeful and without redemption or any single benefit to society. An eye for eye makes the entire society blind."


Joseph 'Jowie' Irungu in court for his sentencing on March 14


Mutua's remarks come a day after High Court judge, Justice Grace Nzioka condemned Joseph 'Jowie' Irungu to death over the murder of businesswoman Monica Kimani.   

"I therefore order 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 unless that sentence is set aside by a court of competent jurisdiction," Justice Nzioka pronounced.

The judgement came after the High Court at Milimani found Joseph Irungu guilty of Monica Kimani's murder who was found brutally murdered on the night of 19th September 2018, at her Lamuria Gardens apartment in Nairobi. 

In February, Justice Nzioka concluded that the prosecution had convincingly demonstrated that Jowie committed the murder of Monica Kimani.

"Having considered the evidence in this matter it is the finding of this court that the prosecution has adduced adequate evidence and has met the threshhold... It is the finding of this court that the first accused person murdered the deceased," the judge made the ruling. 




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