Murder convict Joseph Irungu, better known as Jowie, has filed an appeal against a High Court verdict that sentenced him to death for the murder of businesswoman Monica Kimani.
In court filings, Jowie claims that the sentence imposed by Lady Justice Grace Nzioka on March 13, 2024 violates his fundamental rights.
He consequently wants the court to declare that the death sentence is “torture, cruel, inhumane” and “a degrading form of punishment prohibited under Article 25 of the Constitution.”
He is also asking for: “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 also requested that the court determine that the March 13 punishment violated his non-derogable right to freedom from torture and cruel, inhuman, or degrading treatment.
He also seeks compensation “for infringement of his rights under Articles 27, 28, 29, 48, and 50 of the Constitution of Kenya.”
Jowie, 33, was convicted of the murder of Kimani, who was brutally murdered in her Lamuria Gardens flat in Nairobi on the night of September 19, 2018.
Justice Nzioka decided that Monica Kimani’s brutal murder was “intentional.”
“It wasn’t a defensive action. It was not a result of provocation. “It was planned, intended, and carried out,” said Justice Nzioka.