Murder convict Joseph Irungu, alias Jowie currently serving death sentence in prison has yet again moved to the High Court's Constitutional and Human Rights division seeking to declare the death sentence unconstitutional.
Jowie who was sentenced over the murder of businesswoman Monica Kimani, also asks the Court to declare laws denying bail and bond to death row convicts nullified.
Through his lawyer, Andrew Muge of Muge Law Law Advocates, Jowie argued that laws providing death sentences are unconstitutional because they all violate Article 26(1) of the Constitution on protection of the right to life.
Jowie argued that the death penalty is among the inhumane and degrading punishments prohibited by Article 25 of the Constitution, saying "in its nature and the manner, the process and mode in which it is or can be implemented is torture and cruel.”
He also urged the court to declare Section 379 (4) of the Criminal Procedure Code discriminatory and inconsistent with Articles 48 and 50 of the Constitution.
Jowie added that this provision is unconstitutional since it "infringes on the right to the human dignity of a person sentenced to death" as it denies them access to justice and a fair hearing.
According to Jowie, Lady Justice Grace Nzioka's decision to sentence him to death on March 13, 2024, violates his non-derogable right to be free from torture and cruel, inhumane, or degrading punishment as well as his constitutional rights.
This is the second case filed by Jowie since he was sentenced to death.