Justice L. N. Mugambi has fast tracked a petition filed by murder convict Joseph Kuira Irungu alias Jowie at High Court. 

In the petition dated April 17, 2024, Jowie asked the High Court to abolish laws denying him bail, while also appealing his death sentence. He listed Attorney General Justin Muturi as a respondent.

In a ruling on Thursday, April 18, Justice Mugambi directed AG Muturi to file a response within 14 days - also directing Jowie's lawyers to file a rejoinder the day after. 

The Hon. Justice scheduled June 11, 2024 for Mention to take directions on written submissions and oral highlighting. 

Jowie's lawyers intend to request Justice Mugambi to certify the matter as raising substantial questions of law as provided under Article 165(4) of the Constitution and therefore ask Lady Chief Justice Martha Koome to empanel an expanded bench of no less than three (3) judges to hear the Petition.

In his appeal, Jowie describe the ruling by Lady Justice Grace Nzioka on March 13, 2024 as ihumane and cruel - thus contrary to provisions of Article 25 of the Constitution.

Jowie wants the death penalty declared a degrading form of punishment - undermining his right to freedom from torture and cruelty.

He further argued that, "Section 379(4) of the Criminal Procedure Code is unconstitutional, null and void to the extent that it denies persons sentenced to death the right to bail pending appeal".

Jowie is seeking from the court compensation for what he argues to be an infringement of his rights under Articles 27, 28, 29, 48 and 50 of the Constitution of Kenya.

The convict was found guilty of murdering businesswoman Monica Kimani and sentenced to death on March 13. He proceeded to file a notice of appeal two days later.

The deceased was found in her bathtub, hands tied on September 19, 2018, by her brother and his girlfriend after they failed to reach her. Several witnesses in the trial identified Jowie as the last person to have come in contact with Monica.

Irungu is said to have accessed the late businesswoman's apartment using false credentials.

In her ruling, Justice Nzioka determined that the murder was predetermined, warranting a full sentence.