Attorney General Justin Muturi has called on the High Court to dismiss a petition by Joseph Irungu, also known as Jowie, who is challenging the constitutionality of the death penalty in murder convictions.
Jowie, who was convicted of murder, filed a petition seeking to have the death penalty laws in Kenya declared unconstitutional. The AG countered, asserting that the death penalty, including Irungu’s sentence, is both legal and lawful.
“Kenya courts have stated that the death penalty is a lawful sentence,” Muturi said.
He added that these provisions align with the constitutional authority allowing the State to limit the right to life through written law.
AG Muturi also argued that the High Court lacks the jurisdiction to review the conviction and sentencing in Jowie’s case, Nairobi High Court Criminal Case No. 51 of 2018, Republic vs Irungu Jowie and another.
AG Muturi weighs in to Jowie’s petition
“The Constitution does not include the right to life as an absolute right that cannot be limited under Article 25,” Muturi stated.
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Irungu’s lawyer, Andrew Muge, contended that the death sentence imposed on Jowie on March 13 violated his right to life, claiming it amounted to torture and cruel, inhumane, or degrading treatment.
The AG is seeking the dismissal of Jowie’s petition, maintaining that the death penalty remains a lawful punishment under Kenyan law.
Jowie’s Sentence
Jowie was sentenced by Lady Justice Grace Nzioka to death for the murder of Monica Kimani which occurred in 2018.
While delivering the judgement, the court noted that the action of Jowie was not accidental, and that the accused intentionally planned and executed the murder.
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“First accused Jowie shall suffer death under the penal code of Kenya,” stated justice Nzioka.
“The Murder was not accidental, and that the perpetrator’s action was intentional. Not a defensive act, it was planned, intended and executed,” she added.
The sentencing came after a lengthy trial and postponements in the case that had implicated Joseph Irungu alias Jowie in the murder of businesswoman Monica Kimani.
Justice Grace Nzioka while delivering the sentence, emphasized the importance of duly observing the sentence process.
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