Murder convict Joseph Irungu, popularly known as Jowie, has filed an appeal challenging a High Court decision that sentenced him to death for the killing of businesswoman Monica Kimani.
According to court documents, Jowie contends that the sentence handed down by Lady Justice Grace Nzioka on March 13, 2024, violates his constitutional rights.
He seeks a declaration from the court that the death penalty constitutes “torture, cruel, inhumane,” and is “a degrading form of punishment prohibited under Article 25 of the Constitution.” Additionally, he requests a declaration that Section 379(4) of the Criminal Procedure Code is unconstitutional and void to the extent that it denies individuals sentenced to death the right to bail pending appeal.
Jowie has also urged the court to assert that the March 13 sentence breached his non-derogable right to freedom from torture and cruel, inhuman, or degrading treatment. Furthermore, he seeks compensation for the infringement of his rights under Articles 27, 28, 29, 48, and 50 of the Constitution of Kenya.
Jowie, aged 33, was convicted of the murder of Kimani, who was brutally slain in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018.