Jowie Irungu Challenges Death Penalty as Inhumane Punishment

Convicted murderer Jowie Irungu has taken his case to the High Court, seeking to overturn the death penalty imposed on him for the killing of businesswoman Monica Kimani. Jowie, who was found guilty by Justice Grace Nzioka on March 14, has filed a notice of appeal at the Appellate Court while simultaneously challenging the constitutionality of the death penalty.

In his petition, Jowie argues that the death penalty, as it stands, constitutes a form of punishment that is torturous, cruel, and inhumane. He cites Article 25 of the constitution, which guarantees fundamental rights and freedoms, including the right to be free from torture or degrading punishment, freedom from slavery, and the right to a fair trial.

Jowie asserts that his sentencing violates his non-derogable right to freedom from torture and cruel, inhuman punishment. He has filed a lawsuit against the Attorney General, urging the court to declare the death penalty as unconstitutional in its current form.

It's worth noting that in 2017, the Supreme Court ruled that the mandatory death sentence is unconstitutional, giving judges discretion to decide between the death penalty and life imprisonment. However, Jowie argues that section 379 (4) of the criminal procedure code, which denies persons sentenced to death the right to bail pending appeal, is also unconstitutional.

In addition to challenging the death penalty itself, Jowie seeks compensation for the violation of his rights. His case raises significant legal questions about the constitutionality of capital punishment and the treatment of individuals awaiting appeal in death penalty cases.

As the legal battle unfolds, Jowie's petition has sparked debate over the morality and effectiveness of the death penalty, highlighting the complexities surrounding justice and punishment in society.