Days after Joseph Irungu alias Jowie was found guilty in the murder of businesswoman Monica Kimani, the convict has lodged a new petition challenging his judgement.
Through his legal representative, Muge Law Advocates, Jowie has asked the High Court to abolish the law that denies a person sentenced to death the right to bail pending appeal.
In his petition filed at the Constitution and Human Rights Division at the Milimani Law Courts, Jowie insisted that the section denying him bail pending appeal should be declared null and unconstitutional.
He argued that Section 379(4) of the Criminal Procedure Code of the law that has been used to deny him bail infringes on the right to human dignity.
Jowie further argued that through Section 379(4) of the Criminal Procedure Code, he is not guaranteed a fair hearing in case of an appeal thus pushing for its abolishment.
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"A declaration that Section 379(4) of the Criminal Procedure Code is discriminatory and infringes on the right to human dignity of a person sentenced to death and thus contrary to Articles 27 and 28 of the Constitution," the petition read in part.
"A declaration that Section 379(4) of the Criminal Procedure Code persons sentenced to death access to justice and a fair hearing and thus contrary to Articles 48 and 50 of the Constitution," it added.
Jowie told the court that the implementation of the death sentence is meant to perpetuate torture which is prohibited under the constitution.
A declaration that all other laws that prescribe a death penalty in Kenya are inconsistent with and in contravention of Articles 25 and 26 of the Constitution to the extent that they permit or prescribe the imposition of death sentences, Jowie further told the High Court.
After raising the constitutional issues regarding his sentencing, Jowie has demanded compensation from the government for violating his rights.
"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."
In his constitutional petition, Jowie listed Attorney General Muturi as a respondent. He also asked the court to direct AG Muturi to bear the cost of the petition.
Jowie was accused together with Jacque Maribe but after examining the evidence and witness statements, he was found guilty.
While delivering the sentence, High Court judge Grace Nzioka ruled that the horrific murder of Monica Kimani was intentional.
"It was not a defensive act. It was not out of provocation. It was planned, intended and executed," ruled Justice Nzioka.
"Based on what I have said, I have ordered that the first accused before this court, Joseph Kuria Irungu alias Jowie, shall suffer death as provided for the offence of murder under section 204 of the penal code of Kenya. That is the order of the court."
Before sentencing, in the verdict Justice Nzioka noted that Jowie who who underwent tactical military training in Dubai, was indeed violent.
"It was the evidence of the guards at Royal Park estate where he (Jowie) was staying that he would not allow himself to be searched. He would brandish a gun and say 'I work at State House' and just drive off. It is the evidence of the brother of the deceased that at one time during the hearing of this case, he (Jowie) blocked his car," noted the judge before handing Jowie the death sentence," she added.
