Umeongezea an extra “i”
Wao husema there was no enough evidence to prosecute the persons accused
Let’s move on us fools
What did you expecti?
We seriously need a benevolent dictator in Kenya…hii mambo ya democracy & sijui constitution is what is handing these thieves a loophole to f**k us through & through. No country has ever taken off & progressed thro’ the convulated system we call democracy…
Is it possible to analyse a judge’s bank account ama they’re a state unto themselves & totally untouchable? This lady justice should be kaguliwad. Kenya judiciary is a state within a state, a rogue, untouchable state within a state.
Ndio huyu Hedwig Ong’undi Imbosa. I thought it was a he. As the presiding judge over the anti-corruption and economic crimes division of the High Court, naweza taka kuona nyumba yake au nyumba zake, how many cars she has, and even helicopters na watoto wamesomea wapi. Probably kamzee kalibootiwa nje kitambo. Power lady, heavy purse manenos.
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The fight was lost when Kamlesh Pattni single handedly ran rings around the judiciary for over 15 years and got away without spending any significant time in jail.
how can your chief magistrate, your underling Mr. Ogoti declare these 47, “PUBLIC ENEMIES” not fit to be released on bail halafu wewe unawa release tu hivyo?!
Hio bank account yake imenona. No other explanation.
Mtu ameiba atleast 60million, bail ni 5 million, judiciary is a big joke
Kalpana Rawal had a/cs in the Panama, sijui kama tunawezana na hiyo
@Greedy Genius If you had read the magistrate’s ruling you would not be making the statement that you are making. The magistrate’s ruling was competently supported with authorities from the Indian Supreme Court which the defense did not counter with alternative authorities. We are yet to see the High Court’s reasoning and where he found “error” in the magistrate’s ruling so share it if you must.
Kenyan courts have borrowed from other jurisdictions far and wide including the US Supreme Court in several rulings. The DPP ought to appeal all the way to the SCORK. However there is the risk that by doing so, should the ruling go the other way it could set a national precedent where corruption suspects are almost guaranteed automatic bail. The bail set here by the judge is paltry, the suspects are said to have stolen tens of millions for those who stole the least amounts. It amounts to a slap on the wrist. Meanwhile there will be some Kenyans dying somewhere due to the scourge of corruption.
While Indians march forward and recognize economic crimes as serious matters of national security, the Kenyan judiciary continues to march backwards and undoing any progress in the fight against corruption by trivializing corruption while living in idealistic cocoons devoid of reality. It goes without saying that the suspects will work overtime to corrupt and taint the entire process. Mentions and adjournments will become the order of the day as there will be no urgency now that the suspects are out on bail. The case like many others before it will become a circus and lead to its collapse.
You have to admire the Indian courts, here is another where they are seeking to address the abuse of anticipatory bail while Kenyans use it as an indefinite free pass to engage in criminal activities having become immune from investigation and arrest. https://timesofindia.indiatimes.com/india/validity-of-pre-arrest-bail-sc-refers-issue-to-larger-bench/articleshow/64273870.cms
@ebbie, you cite the constitution, but whose money was stolen? Is the dispute about whether it belongs to the suspects or is it money belonging to the over 40 million citizens of Kenya that was stolen? Rights are not limitless, they can be limited when it is a national security matter, a matter the magistrate outlined in great detail and with supporting authority https://www.kenyatalk.com/index.php?threads/all-43-nys-scandal-suspects-to-stay-in-remand-prison-until-end-of-trial.78775/page-3#post-1641025
Judicial precedent from other jurisdictions are not binding on that Magistrate. Infact they rank lower than statute and the Constitution which in Kenya makes provision for bail even for people who have committed capital offenses. Statute is used when there is a lacuna in law. Read Article 49 (1) (h) and the Bail and bond policy by the same Judiciary then read the reasons given by the Magistrate for denying them bail. https://www.judiciary.go.ke/download/bail-and-bond-policy-guidelines/ @dingoo_wa_ingoo The only reasons he gave was that the offense is very serious and that there are measures in place for a speedy trial. Warped reasoning.
Simple question, have you read the magistrates ruling? If not, your statement is anchored on conjecture. However if you have the difference of opinion is understood.
Do you suppose the CJ and Deputy CJ had consumed mind altering substances and were out of their minds when speaking about speedy trials and directives? Guidelines are just that guidelines, they are not compulsory procedures. However one can also appreciate that judges can have independent thought including that which undermines an entire case. Nothing is binding on a judge, but it is a rather simple and settled matter of law where the lawyers for the suspects did not argue their case effectively, while the prosecution argued and provided persuasive and precedent authorities not limited to the court also taking judicial notice of the public interest. It is hard for a judge on appeal to attempt to cure an error committed by the defense. It suggests that he is not longer a neutral arbiter but has a vested interest in the outcome. In the perfect world, bail would not be an issue but in Kenya, it is the ultimate tool used to defeat justice. Our judges sadly seem not to take judicial or even personal notice of this fact.
Either way not everyone is silently looking forward to yet another mere public relations exercise as it unfolds.
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Evidence?
I read it and saw the reason he gave that there are arrangements made for a speedy trial and that the accusation is very serious. The reasons for denying bail should be in line with the constitution. His ruling, if it was of a superior court would be very bad law. If somone wants to arbitrarily lock you up all he/she has to do is just accuse you of a very serious offense. Imagine if Uhuru and Ruto had been locked up at ICC on account of gravity of the offenses they were accused of? Would it be right?
This is one of those rulings that should be pursued to the court of appeal. There is an official declaration from the people of Kenya through the person they elected to be President that corruption is a national security threat (Omtatah did not go to court to challenge this). The judge as an unelected individual should not be second guessing the will of the people in the determination of how serious corruption is to the nation. She is however obligated to uphold the rights of the suspects while balancing the interests of the public who have been injured by the alleged actions of the suspects.
There must be reasonable bail standards commensurate to the seriousness of the crime. When someone is accused of stealing Ksh 70 million, granting them bail of 1 or even 5 million is an exercise in judicial mockery more so when the assets they possess (or are found in possession of) are several times worth the bail amount. Let’s not look too far away, we can learn from other jurisdictions that have had jurisprudence for hundreds of years. Paul Manafort with a net worth of about $100 million had a $10 million bail (now revoked due to witness tampering). OJ Simpson for his murder case - bail denied. Our constitution borrows several of these idealisms from the USA constitution, yet we have made a habit of idealisms that are impractical in use even for those we borrowed from. We release all types of criminal suspects back into society to cause mayhem. Murder suspects are released to kill again or to eliminate witnesses. We then cry foul when one of our own becomes a victim, all along we were chanting about constitutional idealisms that could only possibly exist in an imaginary utopia. When Kenyans steal in these jurisdictions they do not get bail and get speedy trials where it is an open and shut case. https://www.justice.gov/usao-ndtx/pr/federal-jury-convicts-man-theft-government-funds-and-identity-theft
The circumstances of being locked up are based on the ability of the suspects to abscond or interfere with investigations. The lawyers for the then ICC suspects made a credible showing that their suspects would not abscond and would be present in the court at all required times. You can see this standard applied in some US cases where congressmen are indicted but not jailed or subjected to bail terms by virtue of the possibility that they might flee. In the ICC cases, the interest of the Kenyan public and the state was weighed, was the ICC about to perform a coup d’etat? That said, this judge gave up the fight against corruption to God:
Kweli Kenyan’s are morons! Do you know the meaning of incompetency! For the a judge to hold suspects in remand without bail, prosecution have to present CONCRETE AND COMPELLING case that suspects’ release will jeopardize the investigation!! You should blame the GOK for sending omena lawyers to battle with the defendants’ sharks!
It is simple. Did the magistrate have a good reason for denying bail to the accused? What purpose does bail serve?Havent the accused peoples assets been frozen?
Did you read the ruling? Please tell me what incompetence means.