Kijana wacha legal Utopia come back to earth hizi right ndio zinatumika kumaliza uchumi wetu remember baba Abby even bragging ati icc cases will take 99years yet people had lost life’s ama mwiraria who died while waiting for unnecessary legalise,shida ya malawyers think class room Utopia can work in real life imagine the anguish ya mama Sharon kuona obado kwa street yet mtoto wake ako 6ft lawyers should have a human face to eliminate mob justice because of delayed justice
Cases are proven or disproved in courts by evidence. Not the public by hearsay and hypotheses. The burden of proof is really hard to discharge in criminal cases. So whether the public thinks, say your governor ‘stole’ money, if you can’t put solid evidence before courts to prove the same, the judge can’t convict even if (s)he shares the same opinion.
Again @magreb and @patco make valid arguments whether you want to agree or not.
Unajua kitu inaitwa witness tampering na effidence tampering some of the case before court have serious thugs who can and will destroy both effidence s or even judges or judicial officers if need be thus the need to remove this loopholes ndio watu Kama governor ex president can be prosecuted effectively
These systems work to a large extent in other jurisdictions. Mbona zisifanye kazi huku?
I, for example, think WSR may be responsible for a lot of things he’s been accessed of. But that’s a personal opinion. I wouldn’t charge him for anything bila ushahidi. That’s the law.
It seems unnecessary from your end but it protects a lot of innocent people. Imagine if we all condemned people unheard? How many false accusations are made by people and only because they shout loudest they enjoy some credibility. Until the same laws you call ‘utopian’ sheild you or yours from false accusations maybe hutawahi elewa the essence.
The law is what it is and not what you want it to be. Bail is not unique to Kenya. It is widely accepted and practiced the world over. If there are concerns such as those that you raise, there are equally widely accepted and practiced ways of surmounting them. Shida yako ni unataka shortcuts. If DPP cannot find ways of securing witnesses and evidence as it happens elsewhere or cannot monitor suspects out on bail, it is his failure which he should deal with. Not the law.
Why not simply investigate the fucking judge. Is there a law that says judges cannot be prosecuted. in fact, proof that we are a corrupt country is the fact that no judge has ever been prosecuted for being a thug
By the way if you read old threads, utakuta I’m always anti Ombeta and Obado.
But sasa the people we’ve entrusted to lock up the bad guys wakiingia korti, I’m left with question marks. Even their nervousness shows.
Meanwhile, on the defense side the army seated there cocky as fuck… hata judge ako somewhat intimidated. The law is just spewing out of their designer suits. Hata vile wanajibeba they’ve come there to win! Nothing short of a win.
Ni kama tu premier league… if you don’t buy the best players mtashinda league aje? Ndio mko na jina kubwa na pitch kali na coach mkali lakini Pogba akinyeta ama hamna striker??
That’s why there exists a whole law on witness protection. Why doesn’t the DPP agitate for it’s enforcement if that’s what impairs successful prosecution?
The law cannot catch every loophole btw coz we evolve faster than the law does. But if you make a valid argument against a said loopholes you’ll be heard. There’s equity in law.
Being caused of a crime is not a crime the honors are with your accuser infact I would prefer to be quickly taken to court to exonorate myself rather than carry the burden of being a suspect for long that is an injustice but we all know and see this ‘suspects’ use delay tactics to prevent ,stall the so called wheels of justice angalia case ya kidero na mumias a report by kpmg indicated he should be prosecuted for theft it’s black and white you either stole or not why should such cases take eons for a’judge’ to deliver a ruling guilty or innocent
Remember what you termed utopian? Now this is prime utopian in relation to Kenya. Good luck finding a court that can hear your case from start to finish within a year tops. You may want to check how much backlog the courts have and how many more cases Kenyans file daily. Yet we still underfund an overwhelmed Judiciary and expect performance. I’d love to see faster turnarounds for cases too but right now, it’s almost impossible.
Recommendation for prosecution doesn’t equal conviction. It’s also an opinion by investigative agencies. An opinion the defense would obviously want to fight.
Sio kukutusi but you are slow. Can’t you see the contradiction in your statement. On one end you state that the burden of proof lies with the accuser and by extension the prosecutor. Then you rush to suggest that a mere accusation against an individual is good enough. Fuck burden of proof and procedure. Which is which?
You can sue someone for liable and defamation sio cases zote ziko na dpp na public prosecution you can even make an accusation today na kesho I take you to court . remember case ya Uhuru vs the star newspaper about linking him to mungiki hi case hata haikutake 3months .pole bro I am just to smart for you
Hakuna high priority public interest cases wakili Kama ile ya obado
Whether I am on the bench or not does not qualify (or disqualify) me from making deductions. When a judge makes a conclusion from false premises, what happens is that most of those aggrieved appeal. But why do some judges/ magistrates make rookie mistakes?
How else, pray, can the Judiciary show they prioritize what you term ‘public interest cases’? Even with limited resources, they set up an anti corruption division, there’s a separate JR division of the HC. Wafanye nini nyingine? The Obado case re Sharon is a normal murder case and shall be treated as such. Hawezi pewa priority over others just because the public is following up or his societal position. Inachukua tu mkondo any other murder case in the HC takes.
What about anticipatory bails, aren’t they used to subvert justice and let the accused walk Scot free.
sasa vile mumetambua hao ni corrupt kabisa what is the next step? what can/will be done to them?
Not really. A lot of people misunderstand the essence and when anticipatory bail is granted. Bail and Bond Guidelines from which it draws, provides anticipatory bail only to those the court considers in danger of having their rights or liberties infringed on by the State. So not everyone is granted such (wasn’t grantee for a lot of suspects in NYS 2 and a lot of other EACC related cases actually), the bail terms do not infringe on the work of the police, EACC or DPP. So it’s never to let anyone walk scot free as you put it but rather to protect rights. Btw your investigation still goes on whether you’re on anticipatory bail or not.
When muli was arrested for being the corruption don in the judiciary, what was the reaction and events. The CJ acted as clueless, holding back her arrest for 48 hrs until Kinoti and Hajj personally went to his office to serve him, her and JSC her arrest warrant. When she was charged the full opposition was there to act on her behalf. The judge deferred the case until a five bench judge sitting can determine if the prosecution can charge her or not. The JSC has acted like it never happened. They have never communicated on her case. She left the court and resumed work in supreme court and JSC like it never happened. The judiciary in this country can’t be charged. They have a free pass.
Justice Mwilu chose her own advocates, people she believes will help with her case. That they ‘are in opposition’ is coincidental and of no consequence really. Advocates act for different parties all the time beyond their political convictions and I’ve seen that with Hon. Orengo.
The bench was constituted because there was a substantive question of law which the accused felt could not be determined by one judge. This is a ‘right’ extended to anyone as long as you demonstrate that being heard by one judge will be prejudicial.
The JSC can only comment on petitions and matters before it. Article 168 and other relevant articles. Last I checked no one had moved a petition regarding Mwilu. The same applies to the CJ as a JSC member.
It is also sub judice and a contempt of court to comment on any ongoing cases. Not only hers.
The Judiciary has previously removed officers they found corrupt. Justice Mutava, for example, is still in the Supreme Court fighting for reinstatement. So no one gets a free pass in this country, at least not legally.