Joseph Irungu, known as Jowie, has initiated an appeal contesting a High Court verdict that handed him a death sentence for the murder of Monica Kimani, a businesswoman.
According to court documents reviewed by Citizen Digital, Jowie asserts that the judgment delivered by Lady Justice Grace Nzioka on March 13, 2024, violates his constitutional rights.
Jowie contends that the imposition of the death penalty is tantamount to “torture, cruelty, inhumanity,” and represents “a degrading form of punishment prohibited under Article 25 of the Constitution.”
He seeks a declaration from the court affirming the unconstitutionality of Section 379(4) of the Criminal Procedure Code, specifically its denial of bail to individuals sentenced to death pending appeal.
Additionally, Jowie petitions the court to recognize that the March 13 sentence undermines his inherent right to freedom from torture, and cruel, inhuman, or degrading treatment, which is non-derogable.
He also demands compensation for the violation of his rights as stipulated under Articles 27, 28, 29, 48, and 50 of the Constitution of Kenya.
The murder case involves Jowie, 33, who was convicted of the murder of Kimani, a gruesome incident that occurred in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018.
Justice Nzioka characterized Kimani’s murder as “intentional” and clarified that it was premeditated rather than an act of self-defense or provocation.
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