Blogger Jailed

[obienga]

The speed at which he was convicted and jailed is indeed a record, but could it be due to the fact that he pled guilty on arraignment?

Perhaps this should serve as a future case study for judges but as you state, we would be speculating without knowing the events that day in the court room. Strike Uhuru, insert Obama, make the first statement in the US and I am sure, there will be very likely consequences (prison or confinement to a mental institution)

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.

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.   

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.   

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.

[Kim Jong-Un's Pajama Pants]

@obienga,

What are those links?

Are you saying that if I am arrested on the 31st December.  Charged with a crime on 2nd January.  And I plead guilty.  No lawyer.  That the proper thing for the judge to do is to sentence?

[MOON Ki]

The speed at which he was convicted and jailed is indeed a record, but could it be due to the fact that he pled guilty on arraignment?

Perhaps this should serve as a future case study for judges but as you state, we would be speculating without knowing the events that day in the court room. Strike Uhuru, insert Obama, make the first statement in the US and I am sure, there will be very likely consequences (prison or confinement to a mental institution)

Not necessarily.   Threatening to kill the president of the USA will probably get you into trouble.   Merely suggesting that he should be killed is a different matter.   People have claimed that Obama should be killed (and they have given "good legal reasons"), had polls asking whether Obama should be killed etc.   Those people are getting with their lives and happily enjoying the American Dream.

Some samples:

http://www.rightwingwatch.org/content/garrow-obama-deserves-be-killed-treason

http://www.huffingtonpost.com/2009/09/28/kill-obama-facebook-poll-_n_302090.html

http://www.dailymail.co.uk/news/article-2076915/Jules-Manson-probed-Secret-Service-Obama-killed-Facebook-rant.html

[obienga]

I've read your links, treason upon conviction is punishable by death in the US to someone accorded due process. The suggestion covers a legal process. The word guilty is instructive:

Unless they are calling for Obama to be put to death because he is guilty of treason, in which case Garrow is on board. - See more at: http://www.rightwingwatch.org/content/garrow-obama-deserves-be-killed-treason

Perhaps Wadi forgot he resided in Kenya, where incitement in various forms is a crime. Perhaps he hoped to attain asylum in the US.

In the case of the Facebook poll, it turned out to have been done by a child:

Secret Service spokesman Edwin Donovan did not identify the child who posted the poll or release his or her age. He said agents had determined that he or she was not a threat to the president.

"Case closed," Donovan said, according to the AP. "I guess you could characterize it as a mistake." http://www.cbsnews.com/news/child-was-behind-facebook-poll-on-killing-obama

In contrast, here are cases where prosecutions took place when the individual was deemed a threat or had true intent, unfortunately the same standard does not apply in Kenya
http://en.wikipedia.org/wiki/Assassination_threats_against_Barack_Obama

Not necessarily.   Threatening to kill the president of the USA will probably get you into trouble.   Merely suggesting that he should be killed is a different matter.   People have claimed that Obama should be killed (and they have given "good legal reasons"), had polls asking whether Obama should be killed etc.   Those people are getting with their lives and happily enjoying the American Dream.

Some samples:

http://www.rightwingwatch.org/content/garrow-obama-deserves-be-killed-treason

http://www.huffingtonpost.com/2009/09/28/kill-obama-facebook-poll-_n_302090.html

http://www.dailymail.co.uk/news/article-2076915/Jules-Manson-probed-Secret-Service-Obama-killed-Facebook-rant.html

[obienga]

The links are what the suspect posted and was charged for. In many courts and many countries, pleading guilty to non-capital crimes will earn you a quick sentence or a sentencing date. Depending on the crime, you may be remanded pending sentencing. Access to a lawyer is not constitutionally guaranteed in many types of cases (in some countries, it is offered). Thus if you plead guilty instead of not guilty, there is no need for a trial and upon conviction, a sentence can be issued all in one day. You theoretically could be arrested in the am, plead guilty before noon and be in prison by 3pm. Aside from stating that you are mentally ill or were tortured, there should be no barriers to sentencing.

@obienga,

What are those links?

Are you saying that if I am arrested on the 31st December.  Charged with a crime on 2nd January.  And I plead guilty.  No lawyer.  That the proper thing for the judge to do is to sentence?

[MOON Ki]

Obienga:

From what I can tell---it's all been so speedy and North-Korean---nobody seems to have exact details.  But it appears that the man had two types of charges: one in relation to a suggestion of  some unpleasantness for Uhuru and one suggesting other nasty stuff for people from Central.

For the first, all I know of is a statement that "Uhuru must be killed ...".   Under which law (in Kenya) would he have been charged?  Perhaps you can shed some light on that?  The laws that I can  readily think of appear to be problematic for a prosecutor faced with any half-decent lawyer.

[obienga]

Here is what the Nation reported but his fate lies in getting a lawyer and appealing within the time limit. He could also apply for a pardon:

...pleading guilty to two charges of hate speech and demeaning authority of a public officer, contrary to Section 132 of the Penal Code.

http://www.kenyalaw.org/Downloads/GreyBook/8.%20The%20Penal%20Code.pdf

Obienga:

From what I can tell---it's all been so speedy and North-Korean---nobody seems to have exact details.  But it appears that the man had two types of charges: one in relation to a suggestion of  some unpleasantness for Uhuru and one suggesting other nasty stuff for people from Central.

For the first, all I know of is a statement that "Uhuru must be killed ...".   Under which law (in Kenya) would he have been charged?  Perhaps you can shed some light on that?  The laws that I can  readily think of appear to be problematic for a prosecutor faced with any half-decent lawyer.

[Kim Jong-Un's Pajama Pants]

The links are what the suspect posted and was charged for. In many courts and many countries, pleading guilty to non-capital crimes will earn you a quick sentence or a sentencing date. Depending on the crime, you may be remanded pending sentencing. Access to a lawyer is not constitutionally guaranteed in many types of cases (in some countries, it is offered). Thus if you plead guilty instead of not guilty, there is no need for a trial and upon conviction, a sentence can be issued all in one day. You theoretically could be arrested in the am, plead guilty before noon and be in prison by 3pm. Aside from stating that you are mentally ill or were tortured, there should be no barriers to sentencing.

@obienga,

What are those links?

Are you saying that if I am arrested on the 31st December.  Charged with a crime on 2nd January.  And I plead guilty.  No lawyer.  That the proper thing for the judge to do is to sentence?

The links are what the suspect posted and was charged for. In many courts and many countries, pleading guilty to non-capital crimes will earn you a quick sentence or a sentencing date. Depending on the crime, you may be remanded pending sentencing. Access to a lawyer is not constitutionally guaranteed in many types of cases (in some countries, it is offered). Thus if you plead guilty instead of not guilty, there is no need for a trial and upon conviction, a sentence can be issued all in one day. You theoretically could be arrested in the am, plead guilty before noon and be in prison by 3pm. Aside from stating that you are mentally ill or were tortured, there should be no barriers to sentencing.

@obienga,

What are those links?

Are you saying that if I am arrested on the 31st December.  Charged with a crime on 2nd January.  And I plead guilty.  No lawyer.  That the proper thing for the judge to do is to sentence?

These links.  How were they able to vouch for their authenticity?  How do they know that they are not modified by a third party?  Or was his guilty plea enough? 

His friends found out about his fate after sentencing.  Practically no one else knew until he was sentenced.  Was Alan Wadi given reasonable time to contact a lawyer?  Is he supposed to be informed of certain rights when he is arrested?  Is legal representation one of those?

[MOON Ki]

You theoretically could be arrested in the am, plead guilty before noon and be in prison by 3pm.

So, how often does that actually happen, even in Kenya?

Aside from stating that you are mentally ill or were tortured, there should be no barriers to sentencing.

The man did claim mental illness.

And, the Kenyan constitution states that:

50( 2)

[MOON Ki]

Here is what the Nation reported but his fate lies in getting a lawyer and appealing within the time limit. He could also apply for a pardon:

...pleading guilty to two charges of hate speech and demeaning authority of a public officer, contrary to Section 132 of the Penal Code.

I saw that and then took into account that it is the Daily Nation.  But let us, for a minute,  take things as they are presented.   Consider what you have posted as what he supposedly wrote on his Facebook page.   How could any of that possibly be used to prove a charge of "demeaning authority of a public officer"?

[obienga]

I'm not the prosecutor neither are you the suspects lawyer, we cannot purport to speak for them. Keep in mind there is a new law that now governs the admission of electronic evidence in court. Good questions but only his bonafide lawyer or one well versed in Kenya's due process, can make those determinations and demonstrate the same in front of a judge, to do otherwise, would amount to speculation. A guilty plea can send an innocent person to prison for a crime they did not commit.

These links.  How were they able to vouch for their authenticity?  How do they know that they are not modified by a third party?  Or was his guilty plea enough? 

His friends found out about his fate after sentencing.  Practically no one else knew until he was sentenced.  Was Alan Wadi given reasonable time to contact a lawyer?  Is he supposed to be informed of certain rights when he is arrested?  Is legal representation one of those?

[obienga]

It is rare but not impossible. It has been attempted for misdemeanor offenses.
http://www.businessdailyafrica.com/Mobile--traffic-court-hands-out-instant-sentences/-/539546/1964256/-/lsxe0r/-/index.html

What does "substantial injustice" mean for instance? I believe it covers the bill of rights and the possible deprivation of the same under law, otherwise traffic offenders could demand to have a lawyer provided for them. Playing devils advocate, what if he declined such an offer from the court? Did his guilty plea negate the need for a trial?

You theoretically could be arrested in the am, plead guilty before noon and be in prison by 3pm.

So, how often does that actually happen, even in Kenya?

Aside from stating that you are mentally ill or were tortured, there should be no barriers to sentencing.

The man did claim mental illness.

And, the Kenyan constitution states that:

50( 2)

[MOON Ki]

It is rare but not impossible. It has been attempted for misdemeanor offenses.
http://www.businessdailyafrica.com/Mobile--traffic-court-hands-out-instant-sentences/-/539546/1964256/-/lsxe0r/-/index.html

What does "substantial injustice" mean for instance? I believe it covers the bill of rights and the possible deprivation of the same under law, otherwise traffic offenders could demand to have a lawyer provided for them. Playing devils advocate, what if he declined such an offer from the court? Did his guilty plea negate the need for a trial?

I had in mind more than tinker-toy traffic stuff.   Wrongful imprisonment for two years should meet the criteria for "substantial injustice"; if there is any reasonable argument to the contrary let's have it.   

What if?   On this one, there are actually a lot of "what if"s doing the rounds in Kenya right now.   And there are even more "what the!"s.   

[vooke]

Interesting exchange between MoonKi and obienga
Everything about this case stinks; swift arrest,super fast arraigning and sentencing not to mention the convenient guilty plea.

I bet the negro was assured of a pardon or something close to that if he pled guilty.

[RV Pundit]

And Itumbi..a whole PSCU director at STATEHOUSE...was in the picture...all along including knowing when he was arrested, brought back to Nairobi CID and taken to Magistrate...where guy plead guilty and was jailed quickly.Why would such small crimes of insulting PORK over twitter become a national matter.....unless you have pork who is small minded.

This people is the return of MOI ERA. Where people were arraigned in a kangaroo court over weekend or even holidays all ready to plead guilty of course after being tortured or intimidated.

We fought that KANU and which we must now fight this new KANU regime.

Interesting exchange between MoonKi and obienga
Everything about this case stinks; swift arrest,super fast arraigning and sentencing not to mention the convenient guilty plea.

I bet the negro was assured of a pardon or something close to that if he pled guilty.

[bryan275]

And Itumbi..a whole PSCU director at STATEHOUSE...was in the picture...all along including knowing when he was arrested, brought back to Nairobi CID and taken to Magistrate...where guy plead guilty and was jailed quickly.Why would such small crimes of insulting PORK over twitter become a national matter.....unless you have pork who is small minded.

This people is the return of MOI ERA. Where people were arraigned in a kangaroo court over weekend or even holidays all ready to plead guilty of course after being tortured or intimidated.

We fought that KANU and which we must now fight this new KANU regime.

New KANU indeed.  It is quite obvious that this will end in a great ball of fire and heartache for some.

[Mr Mansfield.]

Wadi called for killing of a certain person and ethnic cleansing in those Facebook posts which are even online and pleaded guilty in court,he even tried to run away from Kenya because he knew he was on the wrong...the discussion has maliciously turned from wadi to uhuru..uhuru haters are just looking for ways to demonize him and neither was he a judge nor a prosecutor in that court,get a life,

Without Prejudice.

[Kim Jong-Un's Pajama Pants]

These obienga links are interesting.  They are being spread around mindlessly by the average jubilant like gospel truth.  That is not remarkable.

What is remarkable?  It would appear they are made by Liutenant Wadi.  Lieutenant Wadi (the real mccoy - my assumption) then shares a link from that account and acknowledges the impersonation.  Here is the link https://www.facebook.com/permalink.php?story_fbid=918158598214419&id=914974541866158

Intriguing.  Now it looks like if I were in Africa, someone could use Windy City Assas$in to write something unpleasant about kamwana.  Then I can be spirited across boundaries in record time, confess to the crime in front Ann Kaguru, and be in Manyani in time for dinner.

[Omollo]

Which one: The Fake one?

Wadi called for killing of a certain person and ethnic cleansing in those Facebook posts which are even online and pleaded guilty in court,he even tried to run away from Kenya because he knew he was on the wrong...the discussion has maliciously turned from wadi to uhuru..uhuru haters are just looking for ways to demonize him and neither was he a judge nor a prosecutor in that court,get a life,

Without Prejudice.

[RV Pundit]

Itumbi speaks for Uhuru. That is his official duty as digital media director at Statehouse. When Itumbi takes a  keen interest in police work there is a problem. Police and DPP are suppose to be independent. How did Itumbi know all the info if there was not deliberate influence of statehouse brought to bear upon CID and maybe the courts to jail Wadi.

Wadi according to some of his colleagues is a mental case....in a normal non-hurried proceedings..he should be in mathare receiving mental care...not pleading guilty.

Wadi called for killing of a certain person and ethnic cleansing in those Facebook posts which are even online and pleaded guilty in court,he even tried to run away from Kenya because he knew he was on the wrong...the discussion has maliciously turned from wadi to uhuru..uhuru haters are just looking for ways to demonize him and neither was he a judge nor a prosecutor in that court,get a life,

Without Prejudice.