Joseph Irungu alias Jowie has filed a new petition at the High Court seeking to abolish the law that denies a person sentenced to death the right to bail pending appeal.
Jowie who was found guilty and sentenced to death in the murder of businesswoman Kimani wants compensation.
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.
“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 reading the constitutional issues regarding his sentencing, Jowie 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.
