Murder convict Joseph Irungu alias Jowie has filed an appeal challenging a High Court ruling that sentenced him to death for the gruesome murder of businesswoman Monica Kimani in 2018.
According to court documents, Jowie argues that Lady Justice Grace Nzioka's sentence on March 13, 2024, infringes on his constitutional rights.
As a result, he 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."
"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,” reads the documents.
Additionally, he has 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.
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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.