Nipate
Forum => Kenya Discussion => Topic started by: Omollo on October 27, 2014, 06:31:48 PM
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(http://www.nation.co.ke/image/view/-/2500934/highRes/860583/-/maxw/600/-/dwnhwv/-/DNCOURTKIRUI2710b.jpg)
This was a clear case of the police doctoring evidence to help acquit one of their own. The CIPEV report shows that documents about the issuance of arms had been forged. Some of them had been erased and written over several times.
There was need for an inquiry within an inquiry to determine the truth about the arms register and how the guns used to kill civilians were "never issued" at all. Frankly I doubt that this is going anywhere. The evidence is still contaminated and now we have a government that does not want to hear anything about PEV.
There is a more urgent reason: Kisumu was supposed to remain in the dark. All PNU planning of rigging revolved around how to knock out a few "njaruos in Kisumu". I am not even going to name the number of those actually killed by police but will state that the killings were such that all plans to pin PEV on Raila had to be reversed to ensure Kisumu never comes up as that was an albatross on Kibaki's neck. It is this reset that made WSR the new beneficiary, replacing Raila. That is why I disagreed with ODM when it cut Ruto lose at the instigation of Nyong'o and Mudavadi.
A police officer who had been acquitted of killing two people during the 2008 post-election-violence in Kisumu has been charged afresh with murder.
On Monday, Mr Edward Kirui was charged with the murder of Mr Ismael Chacha in Kondele Market on January 16, 2008.
In 2010, Mr Kirui was acquitted for lack of evidence linking him to the shooting of two protesters, Mr Chacha and Mr William Onyango, but the Attorney-General appealed against the ruling.
According to the then AG Amos Wako, trial judge Justice Fred Ochieng’ did not expressly state on which of the two counts of murder he acquitted Kirui.
The Court of Appeal ruled that the officer should be charged afresh with the murder of Mr Chacha as the trial judge had referred to only Mr Onyango when delivering his judgment.
Justice Ochieng’ had ruled that the bullets found in the victims’ bodies did not match the gun used by the officer.
http://www.nation.co.ke/news/Kenyan-police-officer-charged-afresh--post-election-violence/-/1056/2500794/-/xc9okd/-/index.html
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Mistrial. I think this time round the state should go for manslaughter. Murder was going nowhere from get go.
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Even manslaughter won't stick. They had a clear case but the state failed to present evidence. A video of a killing is nothing but a video game. The bullets were not from the gun issued to Kirui, according to the arms register. His seniors also made sure he was "never deployed in Kondele" by changing the logs placing him elsewhere.
If they can prosecute him successfully now, then a host of many senior cops must face charges of forgery, tampering with evidence and obstruction of justice - among other charges. That isnt happening soon.
Mistrial. I think this time round the state should go for manslaughter. Murder was going nowhere from get go.
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This people don't know how to try murder cases, so I doubt ht will be convicted
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As a matter of fact they do. When the suspect is weak and the victim important the trial is much shorter and ends with a conviction - usually a death penalty.
However in most cases the Prosecutors seize the opportunity to join the police in eating. People sell land and hand the proceeds to the police, prosecutor and the judge. The prosecutor is key in that while the police bring just enough evidence to put pressure on the accused , once he has paid its the prosecutor who withholds crucial evidence or fails to call key witnesses and if the turn out are asked about Agricultural production in Soviet Ukraine and if effects on the labor movement in Peru - anything but the case.
The judge fails or refuses to use his prerogative to examine the witness and extract the key information.
This people don't know how to try murder cases, so I doubt ht will be convicted
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Is this not a ploy in anticipation of the ASP meeting in Dec to show that govt is prosecuting some of these other small local PEV cases?
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It may very well be a ploy. Who knows? We were told the AG was not appealing. Unbearable pressure must have come from somewhere to cause Wako to rethink. I suspect the US embassy as he responded only to power. To see such bastards in Parliament, having bought their seats from politicians makes me want to puke!
Is this not a ploy in anticipation of the ASP meeting in Dec to show that govt is prosecuting some of these other small local PEV cases?
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I guess we cannot help but spin controversies, plots, conspiracies and intrigues.
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Like I said, we can never be sure in Kenya. Tell me you knew this matter was up for appeal? The last word we heard from Wako was that the acquittal was final and the law did not allow double jeopardy. On the appeal, he said it was time barred. So we resigned to that pain in the pit of the stomach, thinking how unfair the world is.
My stance was that there was an element of tribalism in charging one Kalenjin in an area where a large number of Kikuyu policemen had been pre-positioned to attack ODM. I had no idea what to call it. Was it Kibaki trying to defelct attention from the murderous Kikuyu policemen and GSU squads to Kalenjin? Was it an earlier plan to rig elections and then provoke a war between Luos and Kales?
There is a lot to speculate about Pundit.
I guess we cannot help but spin controversies, plots, conspiracies and intrigues.