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Forum => Kenya Discussion => Topic started by: Kim Jong-Un's Pajama Pants on March 14, 2015, 12:21:44 PM

Title: Muchai Suspects Have No Lawyer
Post by: Kim Jong-Un's Pajama Pants on March 14, 2015, 12:21:44 PM
Moon-KI once shared this clause from the Kenyan constitution.
Quote
50( 2) Every accused person has the right to a fair trial, which includes the right—

(h) to have an advocate assigned to the accused person by the
State and at State expense, if substantial injustice would
otherwise result, and to be informed of this right promptly;

Muchai's assassins butchers car-jackers have been charged with capital offenses.  I am made to believe that they have no lawyers. 

Does that mean the judges have decided a substantial injustice would not occur to the unrepresented suspects? 

http://www.the-star.co.ke/article/george-muchai-murder-suspects-charged-murder-robbery-violence
Title: Re: Muchai Suspects Have No Lawyer
Post by: MOON Ki on March 14, 2015, 11:56:49 PM
Given three days to wrap it up and stop asking for more time to "investigate", the DPP realized that he would be laughed at if he did not charge these people.   So his decision seems to be to charge them now and have the matter drag on long enough for people to forget.   Probably "reasonable", given the corner he found himself in.  It will be interesting to see what happens when there is a bail hearing and the coppers must give an indication of what evidence they actually have.
Title: Re: Muchai Suspects Have No Lawyer
Post by: Georgesoros on March 15, 2015, 05:57:22 PM
They can claim their constitution was violated - no counsel. back to square one.
Title: Re: Muchai Suspects Have No Lawyer
Post by: gout on March 16, 2015, 09:13:05 AM
we moved on ...
Title: Re: Muchai Suspects Have No Lawyer
Post by: RV Pundit on March 16, 2015, 10:15:32 AM
This is normal procedure. The Judge will not allow them to plead until they've been provided lawyers.
Title: Re: Muchai Suspects Have No Lawyer
Post by: Kim Jong-Un's Pajama Pants on March 16, 2015, 04:58:35 PM
This is normal procedure. The Judge will not allow them to plead until they've been provided lawyers.
Aren't they supposed to have a right to a lawyer throughout the process?  Arrest, remand, hearings?  I am thinking a fair trial incorporates these aspects too.