Jowie challenges death sentence, says it is cruel and inhumane

Moses Kinyanjui
By Moses Kinyanjui April 18, 2024 08:15 (EAT)
Jowie challenges death sentence, says it is cruel and inhumane

Video screengrab of Joseph Irungu alias ‘Jowie’ appears in the dock during his sentencing at the Milimani Law Courts on March 13, 2024.

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Murder convict Joseph Irungu famously known as Jowie has challenged a High Court ruling that sentenced him to death for the murder of businesswoman Monica Kimani.

In the court documents seen by Citizen Digital, Jowie argues that the sentence issued by Lady Justice Grace Nzioka on March 13, 2024, infringes on his constitutional rights.

He therefore wants the court to declare that the death penalty is "torture, cruel, inhumane" and "a degrading form of punishment prohibited under Article 25 of the Constitution."

He also wants: "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."

Jowie has further asked the court to declare that the March 13 sentence contravened his non-derogable right to freedom from torture and cruel, inhuman or degrading treatment.

He also wants compensation "for infringement of his rights under Articles 27, 28, 29, 48 and 50 of the Constitution of Kenya."

Jowie, 33, was found guilty of the murder of Kimani, who was brutally killed in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018.

Justice Nzioka ruled that the horrific murder of Monica Kimani was "intentional."

"It was not a defensive act. It was not out of provocation. It was planned, intended and executed," ruled Justice Nzioka.

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