From his interview with Hussein, dpp claims some judges are giving questionable bails that are making accused people walk Scot free. He also agreed that some judges are corrupt.
From the interview, you could tell some quarters were frustrating his work.
At one point he asked, how do a judge prevent an accused person from being investigated while the accused was/is holding public support.
He really needs public support
Nothing new here, I and others have said that for years. Judiciary is very corrupt more so because no one is taking them on, they can hide under the tag “independent” and the CJ/JSC will seek first to protect them at any time. What was the agenda of orengo and multi meeting in a service apartment at night during the Presidential petition. A plaintiff lawyer and a sitting justice? Now you understand President Uhuru drunk rampage when they overturned his win.
Nope not at all. What Haji needs is a crack team of lawyers. His own Giuliani’s. Crack DA’s like in the U.S. since this is more like their system. Prosecutor wakali kabisa. He needs to reinvigorate his team.
Everyone last year saw for themselves how Jubilee was thrashed at the Supreme court. They didn’t have pros like Orengo and Otiende Amolo. Hata wamama wa soko walikuwa wanauliza kwani nyumba ya Mumbi haina wasomi? Total thrashing.
If Haji had one Orengo on his team, mngeshangaa!
Lakini juu Jubilee huwa mnaskia waJaluo mnapata BP, shauri yenu.
Hamtaki wajaluo na hao ndio wamesoma for real. Sio fake degrees fake accents… Kinyanjui…
Ama aje @pamba pamela?
I’ve listened to some of the state prosecutors hata kizungu ni shida…
Don’t blame the judge. You need professional detectives and prosecutors. And pay these state prosecutors well.
So
Some of these judges and magistrates make illogical decisions.
You arrest a guy for having 8 guns… has he really broken the law?
His own lawyer Ombeta tells you at a car parking that he’ll argue the cops placed some of the guns… juu anajua hamna kesi ni drama tu mingi mnapenda na gari za GK.
I saw one of the judges telling a prosecutor, ‘no you can’t argue that argue this!’
They sympathize with Haji’s people. But the law is the law. Unataka awafunge by force? They’ll just appeal.
Kenya is changing. Even the prosecutors and detectives have to be very very sharp.
If you watch American dramas, the detectives in conjunction with a D.A. have to prove 101% the perp is guilty or he walks on some flimsy mistake they made.
Shida ya dpp ni shitty laws that are ambiguous and full of loopholes bunge must seal this loop holes lakini they can’t because they are either crooks or illiterate
Hata mgeuze katiba mara ngapi na laws gani as long as you keep making old mistakes with the same old characters… haita saidia.
Kama saa hii, what are these investigations that they have to carry out for months on end? Investigation haziishi. Kama hamna kesi si mseme tu…
why do the investigations always take forever?
You want the judge to place a suspect in remand for how long? Remand sio jail term.
Tribal bigotry detected!
Read my comment vizuri investigation require strict rules and laws to be made by parliament zenye hazina loopholes ata judge analetewa loopholes na akina ombeta day in day out because this lawyers know the loopholes I hope I am clear boss
Sio hivo. The reality of this country is that mtu akiingia power lazima ajaze watu wake kila mahali to the detriment of quality.
Jaluo ni example tu. The idea here being select the very best lawyers if you seek good results. Not just tribe.
But ukweli usemwe… ama wacha tu.
Leta examples of these “loopholes”.
Kupewa bail regardless of offence and ability to tamper with witnesses , temporary stay orders,preemptive bail.etc that go to obstruct justice
Mtu akishindwa ndio anaanza kusema opposing team wako na loopholes… loopholes gani na ni the same laws mnatumia nyinyi wote?
If anything you have the govt. machinery on your side…
It’s a defense lawyers job to get his client off the hook. Ati loopholes.
He also said some of the lawyers you are vouching for are compromised. E.g. Ombeta is adversely mentioned in Akasha case for bribing judicial officers. How can we know Orengo and Amos wako did not conspire with DCJ (a criminal suspect) in detrimemnt of jubilee?
I agree with @patco to a very large extent. I have appeared as counsel in Kenyan courts a couple of times before and attended court sessions in other jurisdictions during my LLM studies. There’s not a lot to write home about here. DPP is catching up but way slower than us on the other side.
I don’t deny that there may be a few corrupt judicial officers but so are prosecutors. Both need to be gotten rid of. But before that appeals exist as a remedy for such.
And loopholes are meant to be exploited btw by both the defense and prosecution. So nothing there.
Well no one is stopping Haji from investigating and purging the judiciary of compromised elements. In fact I support that very much.
But like I said to win even those cases you have to prove them beyond doubt and within the law and not appear to have an ulterior motive or agenda.
You can’t try such cases in the court of public opinion. Lazima ulete proof that on this and that date Orengo gave this to the DCJ…
Why are not on the bench?
What’s wrong with bail? Pre emptive or otherwise? How comes in other countries investigations go on and are concluded promptly while the suspect is out in the world.
Hizo umetaja zikiondolewa na law zikuwe ammended everything will be peachy… is what you are saying? You guarantee it?!
And you do realise even suspects have rights? And that some of these laws you want to get rid off today were placed there because akina Moi abused people’s freedoms. Remember the Nyayo era…
My reading of the whole issue is thus:-
[ol]
[li]The DPP likes playing to the gallery. Big mistake. You will be embarrassed by the likes of Ombeta and others. No point sensationalising a case however interesting it seems. It makes you blind thus committing school boy mistakes that let the suspects walk.[/li][li]The DPP’s spanner boys at DCI are equally excitable. They commit illegalities while arresting suspects and collecting evidence hence a sane judge will have no option but let the suspects walk. In their excitement, they rarely follow established procedures. What is a judge to do?[/li][li]MTU wetu syndrome ensures that mediocre people man the DPP’s office, the Judiciary halls and the investigating agencies. Merit and ability count for nothing. As @patco said, and this not tribal, get luos in this agencies uone fireworks. In my professional life, I have never met a mediocre professional from the lakeside. Their pride does not allow them to give substandard output. Their attention to detail is out of this world. Irritating even. Pingana ukitaka but that is the truth.[/li][/ol]