Nipate
Forum => Kenya Discussion => Topic started by: Omollo on September 03, 2014, 08:32:52 AM
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Just like I said, here goes the magistrate. Uhuru Kenyatta and Karangi were out to destroy the case against the suspects and they did.
MOMBAS, KENYA: A Mombasa court has criticised President Uhuru Kenyatta and the Kenya Defence Forces (KDF) for ordering unilateral destruction of a ship on which 370kg of heroin was found despite a court order. The court complained that the President’s action amounted to destruction of credible exhibits, which were to be used in court.
Mombasa Chief Magistrate Maxwell Gacheru said there was a court order in place stopping the ship’s destruction adding that he is not sure if those who destroyed the ship complied with the law guiding such destruction.
“The vessel’s destruction is a big blow to the rule of law in Kenya and it was wrong,” said Gacheru, who lamented that the court did not supervise the destruction. The magistrate and defence lawyers in the case that had been filed, complained that proper legal procedures were not followed in the operation.
Tuesday, the prosecution and defence united in raising a complaint against the ship’s destruction which they said was a key exhibit.
The defence described the destruction as theft of exhibits and demanded those responsible to be brought to the court but the magistrate said the case would proceed based on other exhibits.
Meanwhile, the defence disclosed that it would seek acquittal of clients predicting the case could collapse for lack of a key exhibit and also because they would be unable to cross examine witnesses aboard the now non-existent ship. On Thursday, Gacheru ordered the immediate destruction of the drugs found on the unflagged MV Bushehr Amin Darya ship and said the vessel would be placed for auction or destruction if it was not claimed in 90 days.
But addressing the Mombasa International Show, the same evening Uhuru declared that he would supervise the destruction of the drugs and sinking of the ship on Friday arguing that it was unnecessary to wait for the vessel’s owner to turn up but the declaration was seen by the courts as flouting a court order.
Apparently conscious of the legal risk, Director of Public Prosecution Keriako Tobiko flew to Mombasa and rushed to High Court to review Gacheru’s orders and seek specific orders to destroy the ship - a prayer he was denied. Even as Tobiko was arguing at the High Court, the KDF and anti-narcotics police were dragging the ship and drugs out to sea for destruction.
Read more at: http://www.standardmedia.co.ke/article/2000133578/president-uhuru-s-move-to-destroy-ship-threatens-sh1-billion-drugs-case
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Either an illiterate power / popularity hungry president or a drug peddling president out to protect his drug kingpin friends. I doubt any drugs were destroyed.
Criminal president, not in my name.
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I suspect statehouse or jubilee linked drug dealers organized this dog pony shows of destruction so they can steal the drugs.
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I suspect statehouse or jubilee linked drug dealers organized this dog pony shows of destruction so they can steal the drugs.
Them conveniently released the dossier on Joho (possible owner) and Odinga.... Such village idiots these jubilee fuckers.
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ha! that ship was not going to stay there for long and expose the real owners
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Even when a woman is raped, once the DNA sample is taken and abstract filled, the woman can take a shower and the case goes on. Kwani the judge wants to row out to sea to prove that the drugs were on the ship?
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You have no idea what trauma rape can bring. In this case the woman was raped, washed by force, disembowelled and drowned. Cliff Ombeta would love a man like you to represent the destroyers of evidence.
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Even when a woman is raped, once the DNA sample is taken and abstract filled, the woman can take a shower and the case goes on. Kwani the judge wants to row out to sea to prove that the drugs were on the ship?
Unfortunately this is not about a woman being raped.
The law has specific provisions when dealing with such contraband. There are very strict provisions on HOW drugs can be destroyed. The reason such strict provisions were put in place was to prevent drug barons from exploiting corruption within government and law enforcement to get back their drugs. Thus any destruction outside that strict regime is a nullity and highly suspicious;
The law on the disposal of the conveyance, in this case the ship is in fact derived from international treaties and conventions on Illicit Drugs that Kenya has signed. There is no provision for the destruction of the ship. It is required to be auctioned at the expiry of a certain notice. Failure to do that exposes the country to claims as the stuff on the ship has NOT been tested and determined to be heroin
The "samples" taken are as good as useless. The law requires that the packages be impounded as they are and possibly must be photographed and witnessed before removal. They are then to be taken to approved labs where each one of these is identified again, weighed and tested. It won't take more than ten minutes to prove that the bags the police took to the labs are very different from what was seen on the deck of the ship before the alleged "sinking". The defense has in effect been handed a free get out of jail card.
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One can argue very easily that the action was deliberate.
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Precisely. The law is clear so its was flouted for some reason. Knowing kenyans..1.3b drugs cannot be destroyed hivyo.
Unfortunately this is not about a woman being raped.
The law has specific provisions when dealing with such contraband. There are very strict provisions on HOW drugs can be destroyed. The reason such strict provisions were put in place was to prevent drug barons from exploiting corruption within government and law enforcement to get back their drugs. Thus any destruction outside that strict regime is a nullity and highly suspicious;
The law on the disposal of the conveyance, in this case the ship is in fact derived from international treaties and conventions on Illicit Drugs that Kenya has signed. There is no provision for the destruction of the ship. It is required to be auctioned at the expiry of a certain notice. Failure to do that exposes the country to claims as the stuff on the ship has NOT been tested and determined to be heroin
The "samples" taken are as good as useless. The law requires that the packages be impounded as they are and possibly must be photographed and witnessed before removal. They are then to be taken to approved labs where each one of these is identified again, weighed and tested. It won't take more than ten minutes to prove that the bags the police took to the labs are very different from what was seen on the deck of the ship before the alleged "sinking". The defense has in effect been handed a free get out of jail card.