Nipate
Forum => Kenya Discussion => Topic started by: Omollo on February 12, 2015, 05:06:27 PM
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They figured that the teachers would win in court if they show this conviction. So they hurriedly arranged to get rid of it! I wonder if another court would not see through the trickery! On one hand imprisoning people in Mandera for returning to work and on the other sacking others for NOT returning to work! Now that is a a very UNIFIED message!
Twenty quarry workers who were sentenced to five months in jail for disobeying a police order were on Thursday freed by the High Court Garissa.
This is after Director of Public Prosecutions Keriako Tobiko, through State Counsel Allen Mulama, appealed against the decision of a Mandera magistrate court.
Mr Tobiko argued that the jail term or a Sh60,000 fine for each worker was excessive and unwarranted in the circumstances considering that the accused persons were only trying to eke out a living at the quarry.
The workers had pleaded guilty to disobeying an order by Mandera East police chief Ekai Maruk requiring them to vacate the quarries for security reasons.
While sentencing the 20, Mandera Resident Magistrate Duncan Mtai said the court had considered the accused persons' mitigation.
Though the offense the workers were charged with is a misdemeanour, he said, "their conduct was an outright threat not only to security in Mandera but also to their own lives".
CHARGE DEFECTIVE
But in his ruling on Thursday, Mr Justice George Dulu said the convictions were not proper, and that the charge was incurably defective.
“I thus find justification in exercising this court's power of review under Section 365 of the Criminal Procedure Code (cap75). I quash the convictions of all the 20 convicts and set aside the sentences imposed on them," he ruled.
"I order that all of them be set at liberty forthwith unless otherwise lawfully held. If any of the accused has paid the fine same should be refunded in full. I also quash the defective charge against the 14th accused,” he added.
By the time of going to press, all the 20 convicts were still in prison.
“We have not received any order from anywhere but once we get a signal from Garissa we shall release all the 20 convicts,” said the officer in charge of the Mandera GK Prison, Mr Benson Lomeri.
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DPP is independent...or i still think.
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He was until he accompanied Consigliere to the ASP on ICC matters. After that he seems to have submitted his office to receive orders. For instance he has gone soft on Hate Speech politicians and hit hard at bloggers who annoyed certain regime figures including Uhuru.
He has achieved nothing since he took office. No major conviction, Nothing on corruption.. nothing on the big bank frauds and robberies... Nothing on the murders - past and current. He is one monumental failure.
DPP is independent...all i still think.
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He was until he accompanied Consigliere to the ASP on ICC matters. After that he seems to have submitted his office to receive orders. For instance he has gone soft on Hate Speech politicians and hit hard at bloggers who annoyed certain regime figures including Uhuru.
He has achieved nothing since he took office. No major conviction, Nothing on corruption.. nothing on the big bank frauds and robberies... Nothing on the murders - past and current. He is one monumental failure.
DPP is independent...all i still think.
A normal Kenyan DPP.
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Why? We gave him security of tenure? We gave him independent office? we gave him independent budget? But i guess the alure of state power and patronage is too much for mwafrika. It's gut wrenching to see Kenya police and DPP with independent security of tenure protected in constitutions...bow and bend to whims of Statehouse.
He was until he accompanied Consigliere to the ASP on ICC matters. After that he seems to have submitted his office to receive orders. For instance he has gone soft on Hate Speech politicians and hit hard at bloggers who annoyed certain regime figures including Uhuru.
He has achieved nothing since he took office. No major conviction, Nothing on corruption.. nothing on the big bank frauds and robberies... Nothing on the murders - past and current. He is one monumental failure.
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DPP and Police were conquered and subdued. The decision by Kimaiyo to "retire" is one of the most damaging to the constitution. He should have stood his ground and told Uhuru sorry, I shall not retire. Now any President will call the IG he doesn't like and ask him to retire.
Why? We gave him security of tenure? We gave him independent office? we gave him independent budget? But i guess the alure of state power and patronage is too much for mwafrika. It's gut wrenching to see Kenya police and DPP with independent security of tenure protected in constitutions...bow and bend to whims of Statehouse.
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Exactly..and all the ammendments to laws..have made sure the independence and security of tenure..is just paper thin. Anyway i think we are doing well nearly everywhere else...except for entire CRIMINAL JUSTICE SYSTEM...it simply completely totally broken down...corrupt to the core...incompetence to the hilt...and most of the time..is it CRIMINAL organisation engaging in EJK, drug dealing, cattle rustling, land grabbing and any of big and small crimes.
It is a contemporary that CORD esp need to seize, define and use it as key blank of their campaign.
DPP and Police were conquered and subdued. The decision by Kimaiyo to "retire" is one of the most damaging to the constitution. He should have stood his ground and told Uhuru sorry, I shall not retire. Now any President will call the IG he doesn't like and ask him to retire.
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Guys.. If you have to be a criminal be a white collar. You steal millions people praise you. Steal cars they stone you.
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Sometimes I will never get it. The state appealing a case it won!!!
Did these people get any representation?
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Sometimes I will never get it. The state appealing a case it won!!!
Did these people get any representation?
Hehehe....I long ago realized that with Kenya, you have to approach it with an open mind.
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Most hilarious! Such "generosity" on the part of the the State!
Sometimes I will never get it. The state appealing a case it won!!!
Did these people get any representation?