Jowie Irungu has petitioned the High Court, seeking to declare the death penalty imposed on him as a degrading form of punishment.
On March 14, Justice Grace Nzioka convicted Jowie after finding him guilty of murdering businesswoman Monica Kimani.
Subsequently, he filed a notice of appeal at the Appellate Court against his conviction and sentencing. In his application at the Milimani Law Courts, Jowie argues that the enforcement of the death penalty is torturous, cruel, and inhumane.
He contends that such punishment is prohibited under Article 25 of the constitution, which safeguards fundamental rights and freedoms, including freedom from torture or degrading punishment, freedom from slavery, and the right to a fair trial.
Jowie asserts that his conviction violated his non-derogable right to freedom from torture and cruel, inhuman punishment, and seeks the court’s declaration to that effect. He has sued the Attorney General in his petition.
In 2017, the Supreme Court ruled the mandatory death sentence unconstitutional but did not abolish it, giving judges discretion to determine whether to impose the death penalty or life imprisonment.
Considering this, Jowie urges the court to declare section 379 (4) of the criminal procedure code unconstitutional as it denies individuals sentenced to death the right to bail pending appeal.
He also seeks compensation for the violation of his rights.
