Joseph Irungu alias Jowie who is serving a death sentence for killing businesswoman Monica Kimani now wants the death sentence abolished for being archaic.
Jowie was convicted and sentenced to death by Justice Grace Nzioka after he was found guilty of murder.
Through lawyer Muge, Jowie is challenging the constitutionality of the archaic death sentence as a form of punishment in a modern society as Kenya aspires to be.
“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,” reads court papers.
He further wants a declaration that the imposition of the death penalty is a violation of the right to life protected under Articles 26(1) of the Constitution.
In a constitutional petition filed in court, Jowie also questions section 379(4) of the Criminal Procedure Code which prevents persons sentenced to death from seeking bail pending appeal.
According to court papers, that section is unconscionable especially where the appeal has an overwhelming chance of success as is the standard for bail pending appeal for all other convictions and sentences, including life.
He wants the court to declare 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 wants the court to declare that his sentencing to death was in contravention of his non-derogable right to freedom from torture and cruel, inhuman or degrading treatment or punishment contrary to Article 25 of the Constitution.
“An award of compensation under Article 23(3)(e) to the Petitioner for infringement of his rights under Articles 27, 28, 29, 48 and 50 of the Constitution of Kenya,” reads court papers.
