Jowie Stages Fight From Prison; Drags in AG Justin Muturi.
Jowie Stages Fight From Prison: In a petition on April 17, 2024, Joseph Kuria Irungu alis Jowie, asked the High Court of Kenya strike out laws denying him bail and further appealed his death sentence.
In this petition, Jowie listed Attorney General Muturi as a respondent where he argued that Section 379(4) of the Criminal Procedure Code was unconstitutional, null and void as it denied persons who have been sentenced to death from applying for bail pending determination of their appeal.
He therefore, asked the Milimani-based court to declare the clause unconstitutional citing that it was discriminatory considering people jailed for other crimes had the right to apply for bail.
Jowie further argued that denial of bail infringed on the right to human dignity of a person sentenced to death which was contrary to the spirit of the Kenyan Constitution.
Additionally, Jowie wants Section 379(4) of the Criminal Procedure Code declared unconstitutional because does not guarantee him a right to a fair and Just hearing
He stated,”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 Petitioner’s sentencing to death on 13th March 2024 was in contravention of the Petitioner’s non-derogable right to freedom from torture and cruel, inhuman or degrading treatment or punishment contrary to Article 25 of the Constitution,” he added.
Lastly, Mr. Jowie is seeking monetary compensation citing that his rights were infringed after he was denied bail as well as being sentenced to death which denied him the right to life, and he wants the office of the Attorney General to compensate him,
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