Joseph Kuria Irungu, popularly known as Jowie, in a petition dated April 17, 2024, asked the High Court of Kenya abolish laws denying him bail and further appealed his death sentence.
In filing his constitutional petition, Jowie listed Attorney General Muturi as a respondent.
Jowie who was sentenced to death for the murder of Nairobi businesswoman Monica Kimani on March 13, decried that his constitutional rights had been infringed.
He argued that Section 379(4) of the Criminal Procedure Code was unconstitutional, null and void as it denied persons who have been sentenced to death from applying for bail pending determination of their appeal.
In his petition, he asked the Milimani-based court to declare the clause unconstitutional noting it was discriminatory considering people jailed for other crimes had the right to apply for bail.
Jowie through his lawyers further argued that denial of bail infringed on the right to human dignity of a person sentenced to death which was contrary to the spirit of the Kenyan Constitution.
Another reason Jowie wants Section 379(4) of the Criminal Procedure Code declared unconstitutional is because it denies him access to justice and a fair hearing which are guaranteed by the Kenyan Constitution.
“A declaration that the death penalty in its nature, and in the manner, process and mode in which it is or can be implemented is torture, cruel, inhumane and/or a degrading form of punishment prohibited under Article 25 of the Constitution,” he further petitioned the High Court.
The former private security provider additionally asked the High Court to declare that the imposition of the death penalty was a violation of the right to life protected under Article 26(1) of the Constitution.
“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 petition read further.
Jowie is further seeking monetary compensation arguing that his rights were infringed after he was denied bail as well as being sentenced to death denying him the right to life.
In his petition, he wants the Government of Kenya through the Office of the Attorney General to bear the cost of the petition.
Jowie was accused together with journalist Jacque Maribe who was later found not guilty.
