“Inhumane” is the word! Jowie challenges the death penalty

Convicted murderer Jowie Irungu has filed a petition with the High Court, challenging the imposition of the death penalty, which he condemns as a degrading form of punishment.

According to Jowie, the sentencing for the Monica Kimani murder violated his non-derogable right to freedom from torture and cruel, inhuman punishment.

He argues that the method of carrying out the death penalty is torturous, cruel, and inhumane, contravening Article 25 of the constitution, which protects fundamental rights and freedoms, including freedom from torture or degrading punishment.

Jowie, who has also filed a notice of appeal, is seeking the court’s 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.

The Attorney General has been named as a respondent in his petition.

Previously, the Supreme Court ruled the mandatory death sentence unconstitutional, allowing judges the discretion to choose between the death penalty and life imprisonment.

In addition to challenging the death penalty, Jowie is also seeking compensation for the violation of his rights.