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Post Reply: Jowie Irungu Challenges Law Denying Death Row Inmates Bail Pending Appeal

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on February 9, 2026, 6:54 pm</div><div id="pl-8828" class="panel-layout">
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<p dir="auto">Joseph Irungu, widely known as Jowie, has filed a petition in the High Court challenging a legal provision that prevents individuals sentenced to death from obtaining bail while their appeals are pending.</p>
<p dir="auto">Irungu was convicted of the murder of businesswoman Monica Kimani, which occurred on September 19, 2018, at an apartment in Kilimani, Nairobi. He received a death sentence on March 13, 2024, from the High Court. The presiding judge stated that Irungu deserved no mercy, given that he had shown none to the victim, and the nature of the offense indicated no intention to allow the deceased any chance of survival. The conviction fell under Section 204 of the Penal Code.</p>
<p dir="auto">Following the sentencing, Irungu lodged an appeal against both the conviction and the death sentence. However, he is now contesting Section 379(4) of the Criminal Procedure Code, which bars judges from granting bail to those sentenced to death during the appeal process.</p>
<p dir="auto">In his petition, Irungu argues that this section is unconstitutional. He claims it violates several constitutional rights, including equality before the law and equal protection under Article 27, as well as the right to human dignity under Article 28. He further contends that the blanket denial of bail disregards individual circumstances, such as the strength of an appeal's merits, and undermines personal dignity. This approach treats death row convicts as a uniform group without individualized judicial assessment, rendering it arbitrary and oppressive. He also asserts that it denies access to justice and a fair hearing, contrary to provisions in Articles 48 and 50(2) of the Constitution.</p>
<p dir="auto">The petition extends beyond the bail issue. Irungu seeks a declaration that the death penalty itself is unconstitutional in all respects. He maintains that it contravenes the right to life guaranteed under Article 26, as it effectively abolishes life and prevents any meaningful existence. Additionally, he describes the death penalty as cruel, inhuman, degrading, or torturous in its nature, process, and execution. He emphasizes that the core of the right to life lies in its sanctity, and without it, other fundamental rights lose their foundation.</p>
<p dir="auto">Through his lawyer, Andrew Muge, Irungu has presented these arguments to the court. The Attorney General, represented by Chief State Counsel Emmanuel Bitta, has opposed the petition. The state position holds that, as a convicted person serving a sentence imposed by a competent court, Irungu does not benefit from certain pre-trial protections under Articles 49 and 50. The opposition also notes that Irungu has not demonstrated any infringement by the Attorney General on his access to justice.</p>
<p dir="auto">This constitutional petition represents Irungu's latest effort in his ongoing legal battle following the high-profile conviction. If successful on the bail provision, it could allow death row inmates to seek release pending appeal based on case-specific factors. A ruling declaring the death penalty unconstitutional would carry significant broader implications for sentencing in murder cases and the protection of rights to life and dignity across Kenya. The matter remains before the High Court's Constitutional and Human Rights Division.</p>

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