Joseph Irungu alias Jowie has filed an appeal challenging a High Court ruling that sentenced him to death for the murder of businesswoman Monica Kimani.
In documents seen by The Kenya Times, Jowie argued that the imposition of the death penalty infringes Constitutional rights like right to life protected under Articles 26(1).
The petition filed against the Attorney General, the convict demanded that Section 379(4) of the Criminal Procedure Code be declared discriminatory.
According to Jowie, the Section infringes on the right to human dignity of a person sentenced to death and thus contrary to Articles 27 and 28 of the Constitution.
“A declaration that Section 379(4) of the Criminal Procedure Code is unconstitutional, null and void to the extent that it denies persons sentenced to death the right to bail pending appeal,” read the documents in parts.
Other Grounds for the Petition
He wants the Court to declare the death penalty as “torture, cruel, inhumane” and “a degrading form of punishment prohibited under Article 25 of the Constitution.”
Besides, the petitioner urges the court to declare “Section 379(4) of the Criminal Procedure Code persons sentenced to death access to justice and a fair hearing and thus contrary to Articles 48 and 50 of the Constitution.”
Jowie also wants a declaration that all other laws that prescribe a death penalty in Kenya are inconsistent with and in contravention of Articles 25 and 26 of the Constitution to the extent that they permit or prescribe the imposition of death sentences.
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“A declaration that the Petitioner’s sentencing to death on 13th March 2024 was in contravention of the Petitioner’s non-derogable right to freedom from torture and cruel, inhuman or degrading treatment or punishment contrary to Article 25 of the Constitution,” the documents stated.
He also wants compensation under Article 23(3)(e) for infringement of his rights under Articles 27, 28, 29, 48 and 50 of the Constitution of Kenya.
Jowie said the costs of this Petition are to be borne by the Attorney General and asked for any other relief the Court would deem appropriate.
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Jowie Death Sentence
Lady Justice Grace Nzioka sentenced Jowie to death on March 13 for the murder of Monica Kimani which occurred in 2018.
During the ruling, Justice Nzioka said Jowie intentionally planned and executed the murder.
Jacque Maribe, who was accused of aiding Jowie in the murder, was acquitted.
Nzioka said there was no sufficient evidence to proof Maribe’s involvement in the murder.
