Gerald Kyalo. (geraldbway).
Jowie Irungu, the convicted murderer of Monica Kimani, has filed a petition at the High Court challenging a law that denies bail to death row inmates pending appeal. Irungu argues that Section 379(4) of the Criminal Procedure Code, which blocks bail for those sentenced to death, is unconstitutional and breaches Articles 48 and 50(2) of the Constitution by denying him a hearing before bail is refused.
Irungu's lawyer, Andrew Muge, claims the law treats death row prisoners as a "faceless group, dehumanizing them and preventing courts from considering individual circumstances". The petition also challenges the death penalty itself, arguing it's cruel, inhuman, and degrading, violating Article 25 of the Constitution.
The Attorney-General has opposed the petition, stating Irungu doesn't enjoy constitutional protections as a convicted prisoner. The High Court's ruling could have far-reaching implications for death row inmates' rights and constitutional safeguards.
Irungu's lawyer, Andrew Muge, claims the law treats death row prisoners as a "faceless group, dehumanizing them and preventing courts from considering individual circumstances". The petition also challenges the death penalty itself, arguing it's cruel, inhuman, and degrading, violating Article 25 of the Constitution.
The Attorney-General has opposed the petition, stating Irungu doesn't enjoy constitutional protections as a convicted prisoner. The High Court's ruling could have far-reaching implications for death row inmates' rights and constitutional safeguards.
