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Jowie Irungu, convicted of murder, has lodged a petition with the High Court, challenging the imposition of the death penalty, which he labels as a degrading punishment.
"Sentencing over the Monica Kimani murder was in violation of my non-derogable right to freedom from torture and cruel, inhuman punishment," Jowie claims.
He asserts that the mode of executing the death penalty is torturous, cruel, and inhumane, prohibited under Article 25 of the constitution, which safeguards fundamental rights and freedoms, including freedom from torture or degrading punishment.
Jowie, who has filed a notice of appeal, seeks the court's declaration that section 379 (4) of the criminal procedure code is unconstitutional, denying individuals sentenced to death the right to bail pending appeal.
The Attorney General has been named as a respondent in his petition.
Previously, the Supreme Court ruled the mandatory death sentence unconstitutional, granting judges discretion between the death penalty and life imprisonment.
Jowie also seeks compensation for the violation of his rights.
