10 Orders Jowie Wants Granted In Constitutional Petition
Jowie urged the High Court to declare that Section 379(4) of the Criminal Procedure Code is unconstitutional, null and void
Marvin Chege 
Joseph Irungu, alias Jowie on Wednesday, April 17 filed a new petition challenging the High Court ruling that sentenced him to death over the murder of businesswoman Monica Kimani.
Through his legal representative, Muge Law Advocates, Jowie urged the High Court to declare that Section 379(4) of the Criminal Procedure Code is unconstitutional, null and void to the extent that it denies persons 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 also wants Section 379(4) of the Criminal Procedure Code deemed discriminatory and infringing on the right to the human dignity of a person sentenced to death and thus contrary to Articles 27 and 28 of the Constitution.
Jowie Irungu in court ahead of his sentencing on March 13, 2024. /EAGLE NEWS FEED
He is also seeking a declaration that in Section 379(4) of the Criminal Procedure Code, persons sentenced to death have access to justice and a fair hearing and thus contrary to Articles 48 and 50 of the Constitution.
"A declaration that the death penalty in its nature, and in the manner, process and mode in which it is or can be implemented is torture, cruel, inhumane and/or a degrading form of punishment prohibited under Article 25 of the Constitution.
"A declaration that the imposition of the death penalty is a violation of the right to life protected under Articles 26(1) of the Constitution," read the petition in part.
Jowie, a gospel musician, is also seeking 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.
He argued that the High Court's sentencing of him to death on March 13, 2024, was against his non-derogable right to freedom from torture and cruel, inhuman or degrading treatment or punishment contrary to Article 25 of the Constitution.
"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.
"Any other relief as this Honourable Court would deem appropriate in the circumstances. Costs of this Petition are to be borne by the Respondent in any event," added the petition.
In filing the constitutional petition, Jowie listed Attorney General Justin Muturi as a respondent, whom he wants through his office to bear the costs of the petition.
Jowie, who was found guilty of murdering Kimani in September 2018, was on Wednesday, March 13 handed the maximum penalty for the murder charge by Justice Nzioka, which is the death penalty.
His co-accused, former Citizen TV anchor Jacque Maribe, was however acquitted of the murder charges.
