Joseph Kuria Irungu, known as Jowie, has taken steps to appeal the death sentence he received in connection to the murder of businesswoman Monica Kimani.
Through his legal representative Andrew Muge, Jowie has notified of his intention to challenge the severity of the sentence imposed by the High Court on March 13, 2024. He asserts that the sentence, handed down by Lady Justice Grace Nzioka, infringed upon his constitutional rights, citing it as excessively harsh, cruel, and inhumane.
In the notice presented by his lawyer, Jowie explicitly appeals to the Court of Appeal against the verdict delivered by Lady Justice Grace Nzioka on February 9, 2024, where he was found guilty of murder and subsequently sentenced to death.
During the sentencing, Lady Justice Grace Nzioka emphasized that the murder of Monica Kimani was premeditated, dismissing any notion of provocation. Consequently, she imposed the death penalty on the 33-year-old defendant.
Jowie’s appeal includes a request for the declaration of the unconstitutionality of section 379(4) of the Criminal Procedure Code. He argues that this section unjustly denies individuals sentenced to death the right to bail pending appeal.
Furthermore, Jowie seeks compensation for the violation of his rights under various articles of the Kenyan Constitution, including Articles 27, 28, 29, 48, and 50.
