NAIROBI, Kenya — Joseph Irungu, who is on death row for the murder of businesswoman Monica Kimani, has petitioned the High Court to reconsider the constitutionality of a law that bars condemned prisoners from applying for bail.
Irungu, popularly known as Jowie, was sentenced to death on March 13, 2024, after the High Court found him guilty of killing Kimani on September 19, 2018, in her Kilimani apartment.
Following his conviction, Irungu filed a notice of appeal against both the verdict and the sentence. He now argues that Section 379(4) of the Criminal Procedure Code, which prohibits bail for persons sentenced to death, violates the Constitution.
The provision expressly bars courts from granting bail to any person under a death sentence.
In his petition, Irungu contends that the law breaches Article 48 on access to justice and Article 50(2) on the right to a fair hearing by imposing an automatic and blanket denial of bail without judicial consideration.
“The blanket denial of bail treats death-row prisoners as a faceless group, dehumanising them and preventing courts from considering individual circumstances,” Irungu argues in court filings.
He maintains that the law denies condemned inmates an opportunity to be heard before bail is refused, contrary to constitutional safeguards.
Beyond bail, Irungu is also challenging the legality of the death sentence itself. He argues that capital punishment amounts to cruel, inhuman, and degrading treatment, prohibited under Article 25 of the Constitution, which lists rights that cannot be limited.
His advocate, Andrew Muge, told the court that the sentence violates Irungu’s right to life and strips him of fundamental freedoms guaranteed by the Constitution.
The High Court, while sentencing the 35-year-old, found that he acted with extreme brutality and showed no mercy while killing Kimani, observing that she “was not given a single minute to live.”
The sentence remains in force unless overturned or reviewed by an appellate court.
The petition has been opposed by Attorney-General Dorcas Oduor, who argues that Irungu, as a convicted offender, is not entitled to certain constitutional protections in the same manner as an accused person awaiting trial.
Chief State Counsel Emmanuel Bitta submitted that Irungu had failed to demonstrate how Section 379(4) had hindered his access to justice or violated his constitutional rights.
He maintained that the restriction on bail is lawful and justified in the context of a final conviction.
The case raises broader constitutional questions around the status of the death penalty in Kenya and whether statutory provisions governing condemned prisoners align with evolving jurisprudence on human dignity and fair trial rights.
The High Court’s determination is expected to have significant implications for death-row inmates and could shape future interpretation of constitutional protections within Kenya’s criminal justice system.
