In a hurry? Here’s a quick summary…
- Joseph Irungu, known as Jowie, has been sentenced to death for the murder of businesswoman Monica Kimani and has filed a constitutional review application challenging the laws that deny him bail and enforce his death sentence, arguing they violate his human rights.
- Jowie is seeking a declaration from the High Court of Kenya’s Constitutional and Human Rights Division that the law preventing bail and the death penalty itself are unconstitutional, claiming these laws infringe on his right to human dignity and life.
Joseph Irungu, also known as Jowie, is currently in prison after being convicted of the murder of businesswoman Monica Kimani.
Justice Grace Nzioka sentenced him to death on Wednesday, March 13, declaring that the prosecution had successfully proven its case beyond reasonable doubt.
Jowie has submitted a constitutional review application, arguing that the laws denying him bail and enforcing his death sentence infringe upon his basic human rights.
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Jowie is seeking a declaration from the High Court of Kenya’s Constitutional and Human Rights Division that the law preventing him from being granted bail is unconstitutional.
His petition, under Constitutional Petition No. E0202 of 2024, involves Jowie challenging the Attorney General. He claims that the denial of his right to bail is against the law and is unconstitutional.
Jowie has indicated his intention to appeal the judgment and filed a notice of appeal.
However, Section 379(4) of the Criminal Procedure Code prevents him from being granted bail while awaiting the outcome of his appeal.
Jowie’s petition calls for the repeal of this section, which he argues is discriminatory and infringes on his human dignity, in violation of Articles 27 and 28 of the Constitution.
Furthermore, Jowie asserts that the death penalty itself constitutes torture, cruelty, and inhumane treatment, which is forbidden under Article 25 of the Constitution.
He contends that imposing the death penalty violates the right to life under Article 26(1). His petition also asks the court to declare other laws prescribing the death penalty in Kenya inconsistent with Articles 25 and 26.
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Jowie is seeking compensation under Article 23(3)(e) for the infringement of his rights under various articles of the Constitution of Kenya. His former partner, Jacque Maribe, was acquitted during his conviction.