Author Topic: Blogger Jailed  (Read 52112 times)

Offline Ole Ole

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Re: Blogger Jailed
« Reply #20 on: January 03, 2015, 10:04:33 AM »
they are coming for you my broda for calling muthamaki 'screw ball' lol
on a serious note why is uhuru so insecure? did he expect governing to be a walk in the park? 

Next they will come for us in Nipate.

Offline Little Bella

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Re: Blogger Jailed
« Reply #21 on: January 03, 2015, 10:23:19 AM »
they are coming for you my broda for calling muthamaki 'screw ball' lol
on a serious note why is uhuru so insecure? did he expect governing to be a walk in the park? 

Next they will come for us in Nipate.
Indeed. Especially with the ICC monkey off "our" backs, the motivation behind recent Jubilee moves is lost on me. Some of those new laws supposedly for security suggest that our government is confessing to being unable to offer protection in the 21st century. We all know our issue is corruption. Put in place all the laws you want, unless you figure out a way of making sure corporal kilonzo is actually checking car boots, confiscating weapons, arresting the suspects and not letting them go past designated places after a 50 bob tip, all else is folly. Which everyone in government must know. So why we acting like our problems are so mysterious? I blame those of you who voted Jubilee in 2013 motivated by nothing but either blind tribalism or blind Raila-phobia. We warned you! These people never had much interest in the new constitution. Now that I've said my bit, I will sign out and never come back on until either these issues have been satisfactorily settled in our courts or I'm blogging on a device at least one ocean removed from Nairobi. Wish you all bloggers the best.

Offline Ole Ole

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Re: Blogger Jailed
« Reply #22 on: January 03, 2015, 10:41:00 AM »
little bella you have nailed it like a real mccoy...the elephant in the room is corruption and more corruption
but how does uhuru address corruption when he is busy paying anglo fleecing deals or when his record is stained
with 9 billion typo? me think the bloggers are derailing the gravy eating train,  Its their turn to eat and jubilee want to eat in total silence.
i think uhuru was not ready for prime time he was thrust there by ICC charges, now that charges have been withdrawn, uhuru is lost.

they are coming for you my broda for calling muthamaki 'screw ball' lol
on a serious note why is uhuru so insecure? did he expect governing to be a walk in the park? 

Next they will come for us in Nipate.
Indeed. Especially with the ICC monkey off "our" backs, the motivation behind recent Jubilee moves is lost on me. Some of those new laws supposedly for security suggest that our government is confessing to being unable to offer protection in the 21st century. We all know our issue is corruption. Put in place all the laws you want, unless you figure out a way of making sure corporal kilonzo is actually checking car boots, confiscating weapons, arresting the suspects and not letting them go past designated places after a 50 bob tip, all else is folly. Which everyone in government must know. So why we acting like our problems are so mysterious? I blame those of you who voted Jubilee in 2013 motivated by nothing but either blind tribalism or blind Raila-phobia. We warned you! These people never had much interest in the new constitution. Now that I've said my bit, I will sign out and never come back on until either these issues have been satisfactorily settled in our courts or I'm blogging on a device at least one ocean removed from Nairobi. Wish you all bloggers the best.

Offline Kim Jong-Un's Pajama Pants

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Re: Blogger Jailed
« Reply #23 on: January 03, 2015, 02:27:49 PM »
Little Bella makes the right call on the issue.  So called security law reveals no plan on how they intend to address it.  The rest of the law is an elementary assault on civil liberties. 

If 1952 clauses can be resurrected and misused.  What is possible with backing from freshly minted laws, you do not wish to imagine. 

What is to prevent kamwana's regime from trumping up more charges and bringing them up to Ms. Kaguru at 3 am?  Forging a facebook, twitter, nipate etc post and making screenshots is so trivial, Itumbi and my pet monkey can do it.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline Omollo

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Re: Blogger Jailed
« Reply #24 on: January 03, 2015, 03:44:43 PM »
download tor browser at https://www.torproject.org/projects/torbrowser.html.en

I have always regarded online anonymity as a luxury. Looks like it will be a survival tool. And we will look to China and Anonymous for time tested tips.

Step 1, pay a moron to register a SIM card for you.
Step 2, use the SIM card on a secondhand phone WITHIN public places
Step 3, open social media accounts using the phony number and a fresh email account
Step 4, discard the old phone for good
Step 5, Pundit & TRV help us with remaining anonymous online especially on smart gadgets. How anonymous is Opera Mini and Chrome? Everytime I try to check my IP address on non default iPad browsers, I get different results
Step 6, Step up matusi for this Jubirlee
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline bryan275

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Re: Blogger Jailed
« Reply #25 on: January 03, 2015, 04:10:21 PM »
Allan Wadi is arrested yesterday.  And within 24 hours he is sentenced to 2 years in prison.  How does that work?

Ndugu,

I wondered the same too.  Looks like our courts are on steroids certain days of the month.  The irony is that not a single PEV murderer even those on tv have had their day in court.

Jubilee is a lost cause.

Offline Omollo

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Re: Blogger Jailed
« Reply #26 on: January 03, 2015, 04:38:59 PM »
Dennis Itumbi gloating in satisfaction:

... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline obienga

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Re: Blogger Jailed
« Reply #27 on: January 03, 2015, 04:52:36 PM »
MoonKiai, where do you unearth such fictitious hogwash from? No one is stopping you from moving and committing your crimes in the ferengis land if you feel all you will get is a slap on the wrist. Kenya should strike out the "up to" and make it absolute mandatory minimums like the US does for many of its laws. It is not Jakuon Mohammed's responsibility to provide lawyers for adults who knowingly do criminally stupid things on his behalf and then pretend to be mentally ill. His ability to escape Kenya's borders, run to Uganda, use a fake name to acquire a new identity all showed he was fully aware of his actions and the repercussions. The US does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime. Kenyan laws should be amended to include mandatory confinement and treatment in a mental health institution for those who commit crimes and are determined to be truly mentally ill.
http://famm.org/wp-content/uploads/2013/08/Chart-All-Fed-MMs-NW.pdf
The first issue that arises here is whether the guy had any (or adequate) legal representation.   That is the first thing a judge ought to ensure---that the person is properly represented and understand his plea,  guilty or not-guilty.    (That is especially important where claims have been made about mental health.)   
..........
In many judicial systems---the USA, Canada, and the UK as examples of common law---judges do not have the freedom to sentence willy-nilly, and various  guidelines make it hard to impose excessive sentences for relatively minor things. 

Offline MOON Ki

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Re: Blogger Jailed
« Reply #28 on: January 03, 2015, 05:17:12 PM »
MoonKiai, where do you unearth such fictitious hogwash from? No one is stopping you from moving and committing your crimes in the ferengis land if you feel all you will get is a slap on the wrist. Kenya should strike out the "up to" and make it absolute mandatory minimums like the US does for many of its laws. It is not Jakuon Mohammed's responsibility to provide lawyers for adults who knowingly do criminally stupid things on his behalf and then pretend to be mentally ill. His ability to escape Kenya's borders, run to Uganda, use a fake name to acquire a new identity all showed he was fully aware of his actions and the repercussions. The US does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime. Kenyan laws should be amended to include mandatory confinement and treatment in a mental health institution for those who commit crimes and are determined to be truly mentally ill.

Obienga:

I'm afraid that won't do.   Please try to (a) first read what is written and then (b) use some elementary logic in your response.   For example if you want to claim that something is fiction, please go ahead and show what it is.

Taking claims of mental illness into account does not mean that the person making the claim cannot or should not be tried or even sentenced.   What it means is that a proper medical examination should be conducted and its effect on the allegations determined.   See,  when you write that

"does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime"

a person using elementary logic concludes that the matter had indeed been looked into, by the right professionals.  You claim that the man did this and that, and they prove this and that.  In what professional capacity did you observe and examine the man?   Please share your detailed report with us.
 
On the matter of sentencing guidelines, the issue is not whether there is a mandatory minimum or not.   The issue is whether sentencing is uniform and proportionate to the crime; in this case we are concerned about the latter.   The mandatory minimums say that for serious crimes, a judge must not be allowed to be lenient.   But at the same time, the guidelines ensure that a judge will not sentence a chicken-thief to 5 years, as happens regularly in a certain country---minor crimes are treated as minor crimes and "first-offense" aspects etc. are taken into account.

Unless you can do better, you will find the other Nipate more suited to your style.  Happy New Year. 
MOON Ki  is  Muli Otieno Otiende Njoroge arap Kiprotich
Your True Friend, Brother,  and  Compatriot.

Offline Omollo

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Re: Blogger Jailed
« Reply #29 on: January 03, 2015, 05:42:02 PM »
MK

We have credible information that every effort was made to deny this fella legal representation. The days of "confessions" and confused accused pleading "guilty" are back.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline bryan275

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Re: Blogger Jailed
« Reply #30 on: January 03, 2015, 06:27:12 PM »

Obienga:

I'm afraid that won't do.   Please try to (a) first read what is written and then (b) use some elementary logic in your response.   For example if you want to claim that something is fiction, please go ahead and show what it is.

Taking claims of mental illness into account does not mean that the person making the claim cannot or should not be tried or even sentenced.   What it means is that a proper medical examination should be conducted and its effect on the allegations determined.   See,  when you write that

"does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime"

a person using elementary logic concludes that the matter had indeed been looked into, by the right professionals.  You claim that the man did this and that, and they prove this and that.  In what professional capacity did you observe and examine the man?   Please share your detailed report with us.
 
On the matter of sentencing guidelines, the issue is not whether there is a mandatory minimum or not.   The issue is whether sentencing is uniform and proportionate to the crime; in this case we are concerned about the latter.   The mandatory minimums say that for serious crimes, a judge must not be allowed to be lenient.   But at the same time, the guidelines ensure that a judge will not sentence a chicken-thief to 5 years, as happens regularly in a certain country---minor crimes are treated as minor crimes and "first-offense" aspects etc. are taken into account.

Unless you can do better, you will find the other Nipate more suited to your style.  Happy New Year. 

Nicely and subtly done.  The crude mind might miss the point entirely.  But we pray it doesn't...lol

Offline Omollo

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Re: Blogger Jailed
« Reply #31 on: January 03, 2015, 06:46:36 PM »
I am afraid Moon Ki has wasted his time. On a trip to Switzerland, I learned that good cheese is never offered to a dog - whatever the pedigree.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline Kichwambaya

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Re: Blogger Jailed
« Reply #32 on: January 03, 2015, 06:54:22 PM »
I think LSK should look into the professional conduct of this judge and the prosecutors who brought about this case and the manner in which they handled this case.  All the lawyers involved in this case should be disbarred.  This is a travesty of justice.

Offline obienga

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Re: Blogger Jailed
« Reply #33 on: January 03, 2015, 08:57:55 PM »
MoonKiai,

Happy New Year! Sorry but I cannot and won't heed your suggestion not to call out asinine BS when it is willfully being spewed. I will agree with you when I agree with you and vice versa when I disagree. You may not like it when I disagree, so learn to live with it.

You wrongly make the assumption that I did not read your post. Did you read the attachment I included? In it you would have seen that a Kenyan sentence for possession of a roll of bhangi is far more lenient than a US mandatory minimum for the same crime. Has it ever occurred to you why so many persons of colour count prison in the US as their primary residence for lengthy periods of time, sometimes decades? The onus is thus on you to demonstrate that attachment as being fictitious with fact.

If mental illness was a defense for every offense, every court in this world would grind to a screeching halt. I cannot imagine the endless nature of such an excuse for lack of personal responsibility. "My lord,  I exposed myself because I was mentally ill", "My lord, I was speeding because I was mentally ill". Get real, this was a deliberate act committed by a sane person who is sane enough to be a University student. I'm sure you have heard of circumstantial evidence as well as cross examination being sufficient to establish facts.

A legal novice should not willfully commit crimes if you cannot afford a lawyer who can put up a defense on their behalf. Even lawyers know that they need to hire another lawyer when charged.

Fair enough, perhaps it should be made a defense, but with consequences, any one found to be wasting the courts time with such time wasting excuses for their personal violations of the law should be sanctioned with a fine and if necessary a 3 month sentence to boot. That will make some idiots think twice about wasting the courts time. He is free to appeal within the manner and time permitted by law, the appeals court is free to order a mental evaluation if the excuse was introduced in the original case following proper court procedure. If he does prevail on having the issue examined, he will of course pass it with flying colours and may earn himself again what he started with.

I agree with you on the lack of consistency in sentencing. It exists in the first world. Sentencing for petty crime does not equate to sentencing for white collar crime, as is the unequal sentencing for different classes of drug offenses. The Chinese have done well to have death sentences for corruption alongside those for drug trafficking and possession.

MoonKiai, where do you unearth such fictitious hogwash from? No one is stopping you from moving and committing your crimes in the ferengis land if you feel all you will get is a slap on the wrist. Kenya should strike out the "up to" and make it absolute mandatory minimums like the US does for many of its laws. It is not Jakuon Mohammed's responsibility to provide lawyers for adults who knowingly do criminally stupid things on his behalf and then pretend to be mentally ill. His ability to escape Kenya's borders, run to Uganda, use a fake name to acquire a new identity all showed he was fully aware of his actions and the repercussions. The US does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime. Kenyan laws should be amended to include mandatory confinement and treatment in a mental health institution for those who commit crimes and are determined to be truly mentally ill.

Obienga:

I'm afraid that won't do.   Please try to (a) first read what is written and then (b) use some elementary logic in your response.   For example if you want to claim that something is fiction, please go ahead and show what it is.

Taking claims of mental illness into account does not mean that the person making the claim cannot or should not be tried or even sentenced.   What it means is that a proper medical examination should be conducted and its effect on the allegations determined.   See,  when you write that

"does after all execute mentally ill persons as long as they could tell the difference between right and wrong at the time of commission of the crime"

a person using elementary logic concludes that the matter had indeed been looked into, by the right professionals.  You claim that the man did this and that, and they prove this and that.  In what professional capacity did you observe and examine the man?   Please share your detailed report with us.
 
On the matter of sentencing guidelines, the issue is not whether there is a mandatory minimum or not.   The issue is whether sentencing is uniform and proportionate to the crime; in this case we are concerned about the latter.   The mandatory minimums say that for serious crimes, a judge must not be allowed to be lenient.   But at the same time, the guidelines ensure that a judge will not sentence a chicken-thief to 5 years, as happens regularly in a certain country---minor crimes are treated as minor crimes and "first-offense" aspects etc. are taken into account.

Unless you can do better, you will find the other Nipate more suited to your style.  Happy New Year. 
« Last Edit: January 04, 2015, 11:53:45 PM by anon »

Offline obienga

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Re: Blogger Jailed
« Reply #34 on: January 03, 2015, 09:00:22 PM »
Nicely and subtly done.  The crude mind might miss the point entirely.  But we pray it doesn't...lol
Better a crude mind, than a braying donkey that can't control its noisy brays from dawn till dusk.

Offline obienga

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Re: Blogger Jailed
« Reply #35 on: January 03, 2015, 09:19:10 PM »
You can run but you cannot hide, two words for the guilty to memorise, egotisticalgoat and egotisticalgiraffe:
https://s3.amazonaws.com/s3.documentcloud.org/documents/801632/doc1-1.pdf
download tor browser at https://www.torproject.org/projects/torbrowser.html.en

I have always regarded online anonymity as a luxury. Looks like it will be a survival tool. And we will look to China and Anonymous for time tested tips.

Step 1, pay a moron to register a SIM card for you.
Step 2, use the SIM card on a secondhand phone WITHIN public places
Step 3, open social media accounts using the phony number and a fresh email account
Step 4, discard the old phone for good
Step 5, Pundit & TRV help us with remaining anonymous online especially on smart gadgets. How anonymous is Opera Mini and Chrome? Everytime I try to check my IP address on non default iPad browsers, I get different results
Step 6, Step up matusi for this Jubirlee

Offline bryan275

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Re: Blogger Jailed
« Reply #36 on: January 03, 2015, 10:16:38 PM »
You can run but you cannot hide, two words for the guilty to memorise, egotisticalgoat and egotisticalgiraffe:
https://s3.amazonaws.com/s3.documentcloud.org/documents/801632/doc1-1.pdf


Well with spies like Boinett the younger, I'll take my chances... chap couldn't even come up with a plausible story...haha...

Offline MOON Ki

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Re: Blogger Jailed
« Reply #37 on: January 04, 2015, 12:33:32 AM »
Did you read the attachment I included? In it you would have seen that a Kenyan sentence for possession of a roll of bhangi is far more lenient than a US mandatory minimum for the same crime.

Obienga:

I actually have been arrested in the USA for possessing a small amount weed in a non-weed-friendly part of the country.     I paid a small fine, and that was that.   Can you tell me about this harsh mandatory sentence and why it would not have applied in my case?  

My first piece of advice to you was that you learn to read.   Apparently, you are unable or unwilling to do that, even when it is material that you  are providing!   Yes, I did read the document at http://famm.org/wp-content/uploads/2013/08/Chart-All-Fed-MMs-NW.pdf

Marijuana is mentioned twice under "Drug Trafficking":  for possession of 100+ kiliograms/100+ plants and 1000+ kiliograms/1000+ plants.   That's a little bit more than a roll.  The law then has guidelines on the frequency of offense and reasons & effects for/of possession.  Let's take, as a minimum, the 5-years for a 1st offense in the first category and compare that with numerous cases that you will find in Kenya:

Here's one, three years ago, in which a man got a life sentence for 48 rolls of weed.   Yes, 48 rolls.   Valued at Sh. 1,300:

http://www.ccguide.org/news/shownewsarticle.php?articleid=16343

And here's one of a guy going in for two years for just 2 rolls---yes two rolls.   

http://www.standardmedia.co.ke/article/1144030465/bhang-peddler-jailed-for-two-years

And not too long ago a 75-yr old man in Kenya was sentenced to six months in jail for the possession of 6 rolls of weed. 

Further explanations:

I think you ran into some requirements that suited your arguments and then, without careful reading or taking into account of context, you ran with what you got.     Now, read carefully:

(a) Even taking into account the current "fuzziness" in the difference between Federal and State law, marijuana possession is largely treated as misdemeanor.

(b) A great deal depends on how much weed the person has and what they intend to do with it.

(c) If you want a better understanding of US Federal Law on such things, here is a summary even you should be able to understand:

http://norml.org/laws/item/federal-penalties-2

Be sure to read the whole page & slowly!

(d) Once you have read that, try to understand that Federal Law is not necessarily the same as State Law.   Many US states (and even cities within states) have very liberal weed laws when it comes to personal use, and Federal prosecutors will not waste time chasing minor potheads and the like when even the state laws won't bother with them.

Quote
If mental illness was a defense for every offense, every court in this world would grind to a screeching halt. I cannot imagine the endless nature of such an excuse for lack of personal responsibility. "My lord,  I exposed myself because I was mentally ill", "My lord, I was speeding because I was mentally ill".

First, in countries with proper judicial systems, once issues of mental health come into the picture, there are almost always careful procedures for handling the matter, and they are lengthy enough that arraignment and sentencing could not possibly happen in one day.    But the courts in those places are not full of people claiming to be ill.   Why is that?   Let's make that your homework for today, and we'll look into your answer tomorrow.

Second, as I have already explained, the issue is not that a person who claims mental illness should get a free pass.  It is whether such a claim is properly investigated.

Quote
Get real, this was a deliberate act committed by a sane person who is sane enough to be a University student.

This might surprise you, but, then again, you are you: Being a university student, or a university professor, or ... does not make one immune to mental illness.
« Last Edit: January 04, 2015, 01:33:54 AM by MOON Ki »
MOON Ki  is  Muli Otieno Otiende Njoroge arap Kiprotich
Your True Friend, Brother,  and  Compatriot.

Offline obienga

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Re: Blogger Jailed
« Reply #38 on: January 04, 2015, 02:52:21 AM »
MoonKiai,

Good points and I appreciate your elaboration of the facts and examples. I won't dwell on the circumstances of your arrest, but suffice to say weed possession in some parts of the US is legal and a misdemeanor in many other parts as you state.

The link I provided was only to demonstrate that there were mandatory minimums under US law for certain offenses. It is true that someone was jailed for life in Kenya before a ruling made it clear that the judges could exercise discretion in their sentencing. I do not recall which case it was but it did have the judge saying that they were left with little but no choice under the law.

Thanks for the link, I did find that this stood out:
Quote
When someone is convicted of an offense punishable by a mandatory minimum sentence, the judge must sentence the defendant to the mandatory minimum sentence or to a higher sentence. The judge has no power to sentence the defendant to less time than the mandatory minimum.

However let us not disagree too much on what is not relevant to the present case. If he indeed did not loose the mental defense on a technicality or through cross examination that established otherwise, then he should appeal. If the judge made an error, then the appeals court can set aside the sentence and order a re-examination. If he has since apologised, the prosecutor may elect to withdraw the charges and he could go home free. If the prosecutor decides to pursue and he is deemed insane or mentally ill then he should be released for court supervised/ordered treatment. If he is not insane, then the current sentence may stand or if there is a re-sentencing he may wind up back in prison. Has anyone considered the remote possibility that denying him his right to a mental examination (assuming all procedures were followed) could have been done in his best interest to give him and everyone else a way a quiet way out on appeal?

Mental illness has many stigmas and consequences in Kenya. It can be career ending. Court records are easily accessible and any background check could reveal such admissions on the public record. Unfortunately in Kenya, such an admission, absent the press may never come to light. I therefore do agree with you, that if the claim did not fail on a technicality and it was made properly without him withdrawing the same on cross examination, then he deserves to raise such issue on appeal. He was likely unrepresented, and if so then perhaps he could have requested the court to appoint a lawyer for him or give him more time to get one. Indeed one must ask, where were his blogosphere supporters in his time of need? Perhaps they too like the judge understood the import and serious nature of his actions.
***Edit, I am sure if this witness and others, had come forward sooner it might have helped but absent a lawyer and the results can be dire. Like a double edged sword, such disclosures will effectively dim any hope he may have at a professional career. It is the same as stating that he has had mental issues for the last 9 years
Quote
http://www.nation.co.ke/news/Jailed-blogger-usually-blunt-Peers/-/1056/2577904/-/tf6buez/-/index.html
Did you read the attachment I included? In it you would have seen that a Kenyan sentence for possession of a roll of bhangi is far more lenient than a US mandatory minimum for the same crime.

Obienga:

I actually have been arrested in the USA for possessing a small amount weed in a non-weed-friendly part of the country.     I paid a small fine, and that was that.   Can you tell me about this harsh mandatory sentence and why it would not have applied in my case?  

My first piece of advice to you was that you learn to read.   Apparently, you are unable or unwilling to do that, even when it is material that you  are providing!   Yes, I did read the document at http://famm.org/wp-content/uploads/2013/08/Chart-All-Fed-MMs-NW.pdf

Marijuana is mentioned twice under "Drug Trafficking":  for possession of 100+ kiliograms/100+ plants and 1000+ kiliograms/1000+ plants.   That's a little bit more than a roll.  The law then has guidelines on the frequency of offense and reasons & effects for/of possession.  Let's take, as a minimum, the 5-years for a 1st offense in the first category and compare that with numerous cases that you will find in Kenya:

Here's one, three years ago, in which a man got a life sentence for 48 rolls of weed.   Yes, 48 rolls.   Valued at Sh. 1,300:

http://www.ccguide.org/news/shownewsarticle.php?articleid=16343

And here's one of a guy going in for two years for just 2 rolls---yes two rolls.   

http://www.standardmedia.co.ke/article/1144030465/bhang-peddler-jailed-for-two-years

And not too long ago a 75-yr old man in Kenya was sentenced to six months in jail for the possession of 6 rolls of weed. 

Further explanations:

I think you ran into some requirements that suited your arguments and then, without careful reading or taking into account of context, you ran with what you got.     Now, read carefully:

(a) Even taking into account the current "fuzziness" in the difference between Federal and State law, marijuana possession is largely treated as misdemeanor.

(b) A great deal depends on how much weed the person has and what they intend to do with it.

(c) If you want a better understanding of US Federal Law on such things, here is a summary even you should be able to understand:

http://norml.org/laws/item/federal-penalties-2

Be sure to read the whole page & slowly!

(d) Once you have read that, try to understand that Federal Law is not necessarily the same as State Law.   Many US states (and even cities within states) have very liberal weed laws when it comes to personal use, and Federal prosecutors will not waste time chasing minor potheads and the like when even the state laws won't bother with them.

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If mental illness was a defense for every offense, every court in this world would grind to a screeching halt. I cannot imagine the endless nature of such an excuse for lack of personal responsibility. "My lord,  I exposed myself because I was mentally ill", "My lord, I was speeding because I was mentally ill".

First, in countries with proper judicial systems, once issues of mental health come into the picture, there are almost always careful procedures for handling the matter, and they are lengthy enough that arraignment and sentencing could not possibly happen in one day.    But the courts in those places are not full of people claiming to be ill.   Why is that?   Let's make that your homework for today, and we'll look into your answer tomorrow.

Second, as I have already explained, the issue is not that a person who claims mental illness should get a free pass.  It is whether such a claim is properly investigated.

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Get real, this was a deliberate act committed by a sane person who is sane enough to be a University student.

This might surprise you, but, then again, you are you: Being a university student, or a university professor, or ... does not make one immune to mental illness.

Offline MOON Ki

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Re: Blogger Jailed
« Reply #39 on: January 04, 2015, 03:25:32 AM »
If he indeed did not loose the mental defense on a technicality or through cross examination that established otherwise, then he should appeal. If the judge made an error, then the appeals court can set aside the sentence and order a re-examination. If he has since apologised, the prosecutor may elect to withdraw the charges and he could go home free.

If the reporting is right, then he has already been sentenced.   In that case, I see no role for the prosecutor unless he/she wants to go back and tell the court they erred, and I don't see that happening; in fact, such a path could implicate the judge in who-knows-what.

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Has anyone considered the remote possibility that denying him his right to a mental examination (assuming all procedures were followed) could have been done in his best interest to give him and everyone else a way a quiet way out on appeal?

I understand your point about the stigma (r.e. mental illness) in Kenya.    But this idea that some are well-placed to decide when others should be denied their rights is staggering; and I think a judge should be the last person to have attitude.   Even the most rough-and-ready dictatorship---and it was not too long ago that Kenya was under one of those---is based on the "we know what's best" .   Most normal people have no use for that when it comes to the rights and, for that reason, will not consider it.  Not even as a remote possibility.   

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He was likely unrepresented, and if so then perhaps he could have requested the court to appoint a lawyer for him or give him more time to get one.

I think this is a very significant point in this case.   We can speculate---about more time, requests to the court, etc.---but the extraordinary speed with which this happened means that we are just speculating when we should not be.   

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Indeed one must ask, where were his blogosphere supporters in his time of need? Perhaps they too like the judge understood the import and serious nature of his actions.

I see this as largely irrelevant, except in so far it relates to the speedy proceedings, which meant that the case was over before most people even knew it had started. Arrested on Dec 31, Jan 1 is a holiday, arraigned and sentenced on Jan 2.   Amazing timing.

I am trying to get information on similar Speed-And-During-The Holidays sort of thing.   I will you know when I get some, but so far that speed seems extraordinary even without the holidaying.
MOON Ki  is  Muli Otieno Otiende Njoroge arap Kiprotich
Your True Friend, Brother,  and  Compatriot.