Joseph Irungu, popularly known as Jowie, has lodged an appeal challenging the High Court’s decision that sentenced him to death for the murder of businesswoman Monica Kimani.
According to court documents , Jowie argues that the sentence issued by Lady Justice Grace Nzioka on March 13, 2024, violates his constitutional rights.
In his appeal, Jowie contends that the death penalty is a form of punishment that is “torture, cruel, inhumane,” and constitutes “a degrading form of punishment prohibited under Article 25 of the Constitution.”
Additionally, he seeks a declaration that Section 379(4) of the Criminal Procedure Code is unconstitutional as it denies individuals sentenced to death the right to bail pending appeal.
Furthermore, Jowie is requesting the court to declare that the sentence issued on March 13 infringed upon his non-derogable right to freedom from torture and cruel, inhuman, or degrading treatment. He is also seeking compensation for the violation of his rights under Articles 27, 28, 29, 48, and 50 of the Constitution of Kenya.
Jowie, aged 33, was convicted of the murder of Monica Kimani, who was brutally killed in her Lamuria Gardens apartment in Nairobi on the night of September 19, 2018. Justice Nzioka characterized the murder as “intentional” in her ruling.
“It was not a defensive act. It was not out of provocation. It was planned, intended and executed,” ruled Justice Nzioka.
