Murder convict Jowie Irungu has petitioned the High Court seeking to have the death penalty against him declared a degrading form of punishment.
Jowie was on March 14 sent to the gallows by Justice Grace Nzioka after he was found guilty over the murder of businesswoman Monica Kimani.
He has since filed a notice of appeal at the Appellate Court over his conviction and sentencing.
In his application before the Milimani Law Courts, Jowie says the mode in which the death penalty should be enforced is torturous, cruel and inhumane.
He says it is prohibited under article 25 of the constitution which spells out the fundamental rights and freedoms that may not be limited.
These include freedom from torture or degrading punishment, freedom from slavery, and right to fair trial.
Jowie claims that his sentencing over the Monica Kimani murder was in violation of his non-derogable right to freedom from torture and cruel, inhuman punishment and wants the court to declare as so.
He has sued the Attorney General in his petition.
In 2017, the Supreme Court declared the mandatory death sentence unconstitutional but did not outlaw it.
The ruling gave judge’s discretion to decide whether to hand down the death sentence or life imprisonment.
In light of this, Jowie wants the court to declare that section 379 (4) of the criminal procedure code is unconstitutional as it denies persons sentenced to death the right to bail pending appeal.
Also sought is compensation on account of his rights being violated.
