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Forum => Kenya Discussion => Topic started by: RV Pundit on September 30, 2021, 10:19:38 PM

Title: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on September 30, 2021, 10:19:38 PM
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: Kadudu on September 30, 2021, 10:38:18 PM
Magistrate should be sent back to Law School. Ver stupid.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on September 30, 2021, 10:42:16 PM
Yes - or fired.
Magistrate should be sent back to Law School. Ver stupid.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: lelewela on October 01, 2021, 08:51:36 AM
Arcadian_Dreamer  type of judges, who are low IQ and unable to learn should be fired and tried for delivering wrong judgement. This should be treated as a small matter max 1 month reporting to the police daily is enough.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on October 01, 2021, 10:35:21 AM
Yes IQ is everything; this is why we have to continously improve our children nutrition, deal with malnutrition - and diseases that affect brain development.

IQ has been shown to improve with GDP.

Such kind of decision making is expected in many levels in a country where IQ is 78 - retarded. Even the basics things like how people drive, talk, behave...you can clearly see the bonobo in Kenyans...is very high.

Arcadian_Dreamer  type of judges, who are low IQ and unable to learn should be fired and tried for delivering wrong judgement. This should be treated as a small matter max 1 month reporting to the police daily is enough.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: Wa Njambi on October 03, 2021, 02:06:23 AM
That means nyinyi wote mnavuta bangi like your president...Lol.  I can think of many other reasons to send one to jail for like - and bhangi is the least. That illicit brew that makes Kenyans go blind, selling meat that that is goat meat and lord knows you've been eating.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: Arcadian_Dreamer on October 03, 2021, 02:34:14 AM
That means nyinyi wote mnavuta bangi like your president...Lol.  I can think of many other reasons to send one to jail for like - and bhangi is the least. That illicit brew that makes Kenyans go blind, selling meat that that is goat meat and lord knows you've been eating.

Temper justice with mercy
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: veritas on October 03, 2021, 08:23:53 AM
Supplying drugs in large quantities is a serious offence, more serious than murder. It's life in other countries as well with a non-parole period of usually 13 years. In some countries like Singapore, merely in possession for drug trafficking substantiates a death penalty. See the case of Van Nguyen: https://en.wikipedia.org/wiki/Van_Tuong_Nguyen

Drugs are the major contributor to crime, murders etc. 90%+ crimes are drug related, either from abusing, syndicates, human trafficking etc. although lengthy prison sentences hasn't made 'society better' lots of legal reforms are needed in this space...
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on October 03, 2021, 08:53:15 AM
Yes if it was heroin or cocaine or synthetic drugs - but weed is now fairly legal - and is natural.
Supplying drugs in large quantities is a serious offence, more serious than murder. It's life in other countries as well with a non-parole period of usually 13 years. In some countries like Singapore, merely in possession for drug trafficking substantiates a death penalty. See the case of Van Nguyen: https://en.wikipedia.org/wiki/Van_Tuong_Nguyen

Drugs are the major contributor to crime, murders etc. 90%+ crimes are drug related, either from abusing, syndicates, human trafficking etc. although lengthy prison sentences hasn't made 'society better' lots of legal reforms are needed in this space...
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: veritas on October 03, 2021, 04:30:49 PM
You're right, it's harsh, oppressive and politically motivated. I thought this was about cocaine. Cannabis? Life imprisonment? That's unheard of.

Politicians elect judges (judges don't need to be lawyers). This judge is an Uhuru syncophat and needed to make an example of Uhuru's anti-drug campaign.

The question is how far this goes up the judiciary and really a test of loyalty to Uhuru's regime.
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on October 03, 2021, 04:51:20 PM
Or a religious nutcase - like a christian or muslim fundamentalist. Even 10yrs jail term for the couple is too much for weed.

I am not sure where he got life sentence from - the law currently provides a 20-year jail term for trafficking.

You're right, it's harsh, oppressive and politically motivated. I thought this was about cocaine. Cannabis? Life imprisonment? That's unheard of.

Politicians elect judges (judges don't need to be lawyers). This judge is an Uhuru syncophat and needed to make an example of Uhuru's anti-drug campaign.

The question is how far this goes up the judiciary and really a test of loyalty to Uhuru's regime.

Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: veritas on October 03, 2021, 05:45:36 PM
The Narcotics Bill (amended) was enacted last year and has deleted the 20 year period and has added life imprisonment and/or 30 million KSh. This amendment is not consistent with case laws so likely won't be sustainable.

If they get a really good lawyer, they could argue for exceptional circumstance i.e., couple have impoverished history, victims of abuse etc. refer to elements in previous case laws which focus on the type/quality of narcotics e.g., this is not cocaine, motive based on serving the community for medicinal purposes, because this hasn't been covered in the statute. Basically paint the duo as victims, sufficient to convince a jury not beyond reasonable doubt.

If they want to crack down that hard on these networks then create jobs for youths, not put them in prison for life.

Also crack down on shipping industries which import/export drugs.
https://www.nortonrosefulbright.com/en-ke/knowledge/publications/8c3ba49a/narcotics-on-ships
Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: RV Pundit on October 03, 2021, 06:18:00 PM
Yes this doesnt look right; our parliament can do with legal experts and public participation; I am sure nobody in kenya want anybody jailed for life for weed; cocaine and the rest maybe.
The Narcotics Bill (amended) was enacted last year and has deleted the 20 year period and has added life imprisonment and/or 30 million KSh. This amendment is not consistent with case laws so likely won't be sustainable.

If they get a really good lawyer, they could argue for exceptional circumstance i.e., couple have impoverished history, victims of abuse etc. refer to elements in previous case laws which focus on the type/quality of narcotics e.g., this is not cocaine, motive based on serving the community for medicinal purposes, because this hasn't been covered in the statute. Basically paint the duo as victims, sufficient to convince a jury not beyond reasonable doubt.

If they want to crack down that hard on these networks then create jobs for youths, not put them in prison for life.

Also crack down on shipping industries which import/export drugs.
https://www.nortonrosefulbright.com/en-ke/knowledge/publications/8c3ba49a/narcotics-on-ships

Title: Re: Stupid judge applying stupid law - life for selling bhang
Post by: Kadudu on October 04, 2021, 09:31:37 AM
You are very ignorant.
Bhangi was smoked and is still smoked by many communities in Kenya even before your lords the White man came to Africa. It is the White man who banned bhangi and he brought other toxic things with him like cigarrettes and beer which he could sell to the locals and make money.
Btw, in many countries in the West bhangi is being legalized or it is tolerated to a certain level.

That means nyinyi wote mnavuta bangi like your president...Lol.  I can think of many other reasons to send one to jail for like - and bhangi is the least. That illicit brew that makes Kenyans go blind, selling meat that that is goat meat and lord knows you've been eating.