Blogger Jailed

[Omollo]

I have never seen a case where a "normal" person went after a mad man and left with his normalcy still intact. Uhuru will find out for himself why decent people run away from a madman with human excrement all over his body

[Kim Jong-Un's Pajama Pants]

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.

The other account, created 22nd Dec.  What is to say that it is not a crude impersonation attempt by Itumbi?

What are the chances that Alan Wadi had been arrested well before December 31st?  Is this something one can rule out?

[obienga]

That is his new account, his old account with the posts was deleted by Facebook as he himself verifies and to which somebody posted a screenshot from the old account shortly thereafter in response:
https://www.facebook.com/permalink.php?story_fbid=914976965199249&id=914974541866158

In response to the person posting the screenshot, he does not contest its validity, instead he states:

https://www.facebook.com/photo.php?fbid=616674495145048&set=p.616674495145048&type=1&theater

Would you plead guilty knowing only too well the impersonation that would have occurred?

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.

[Kim Jong-Un's Pajama Pants]

That is his new account, his old account with the posts was deleted by Facebook as he himself verifies and to which somebody posted a screenshot from the old account shortly thereafter in response:
https://www.facebook.com/permalink.php?story_fbid=914976965199249&id=914974541866158

In response to the person posting the screenshot, he does not contest its validity, instead he states:

https://www.facebook.com/photo.php?fbid=616674495145048&set=p.616674495145048&type=1&theater

Would you plead guilty knowing only too well the impersonation that would have occurred?

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.

Here is another Liutenant Wadi page https://www.facebook.com/profile.php?id=100008628284736&fref=ts.  They seem to be all over.  And some are deleted, apparently.

What is obvious?  It's pretty easy to create these things.  Anyone can do it.  Including Itumbi with the assistance of my pet monkey.

Alan Wadi indeed mentions that someone is impersonating him using Liutenant Wadi, Dec 26th.  He does not seem to mind it.

The link you share with his comments is Dec 29th.  When he has already said someone is impersonating him.  Is it possible he sees no need to dwell on what, in his own words, he has already called an impostor?

Given those numerous, accounts and impersonation. What is to say his guilty plea was not coerced?  If he is told of his right to have legal representation, he is clearly not given enough time to consider it, let alone get it.  Unless he was arrested before December 31st.

That Alan Wadi's case is bogus, should that even be a question anymore?  Most people only hear about him after he is casually jailed by Ann Kaguru.

[obienga]

Yes, anyone can do it but one of course would have to prove they did not do it. In Wadi's posts, many of his friends respond, some suggest he needs to cool down. Those who were interviewed by the Nation do not deny that he could not have done it.

A case is not bogus if he indeed did it. Mental illness may be his only salvation in this case. As we debate here, he is in prison, his lawyer should be filing an appeal on numerous grounds. It is still a question of whether he did it or not. If he did, the question would be whether the punishment fits the crime having considered the mitigating factors. If anyone framed him then they should be arrested and prosecuted for fabricating evidence and he should have the liberty of suing them and the State for damages.

The reason lawyers advice suspects not to talk to the police, is because such interaction can be self incriminating. Confessions are difficult to throw out as are guilty pleas made in open court.

Here is another Liutenant Wadi page https://www.facebook.com/profile.php?id=100008628284736&fref=ts.  They seem to be all over.  And some are deleted, apparently.

What is obvious?  It's pretty easy to create these things.  Anyone can do it.  Including Itumbi with the assistance of my pet monkey.

Alan Wadi indeed mentions that someone is impersonating him using Liutenant Wadi, Dec 26th.  He does not seem to mind it.

The link you share with his comments is Dec 29th.  When he has already said someone is impersonating him.  Is it possible he sees no need to dwell on what, in his own words, he has already called an impostor?

Given those numerous, accounts and impersonation. What is to say his guilty plea was not coerced?  If he is told of his right to have legal representation, he is clearly not given enough time to consider it, let alone get it.  Unless he was arrested before December 31st.

That Alan Wadi's case is bogus, should that even be a question anymore?  Most people only hear about him after he is casually jailed by Ann Kaguru.
[/quote]

[obienga]

Yes, anyone can do it but one of course would have to prove they did not do it. In Wadi's posts, many of his friends respond, some suggest he needs to cool down. Those who were interviewed by the Nation do not deny that he could not have done it.

A case is not bogus if he indeed did it. Mental illness may be his only salvation in this case. As we debate here, he is in prison, his lawyer should be filing an appeal on numerous grounds. It is still a question of whether he did it or not. If he did, the question would be whether the punishment fits the crime having considered the mitigating factors. If anyone framed him then they should be arrested and prosecuted for fabricating evidence and he should have the liberty of suing them and the State for damages.

The reason lawyers advice suspects not to talk to the police, is because such interaction can be self incriminating. Confessions are difficult to throw out as are guilty pleas made in open court.

Here is another Liutenant Wadi page https://www.facebook.com/profile.php?id=100008628284736&fref=ts.  They seem to be all over.  And some are deleted, apparently.

What is obvious?  It's pretty easy to create these things.  Anyone can do it.  Including Itumbi with the assistance of my pet monkey.

Alan Wadi indeed mentions that someone is impersonating him using Liutenant Wadi, Dec 26th.  He does not seem to mind it.

The link you share with his comments is Dec 29th.  When he has already said someone is impersonating him.  Is it possible he sees no need to dwell on what, in his own words, he has already called an impostor?

Given those numerous, accounts and impersonation. What is to say his guilty plea was not coerced?  If he is told of his right to have legal representation, he is clearly not given enough time to consider it, let alone get it.  Unless he was arrested before December 31st.

That Alan Wadi's case is bogus, should that even be a question anymore?  Most people only hear about him after he is casually jailed by Ann Kaguru.

[Kim Jong-Un's Pajama Pants]

Yes, anyone can do it but one of course would have to prove they did not do it. In Wadi's posts, many of his friends respond, some suggest he needs to cool down. Those who were interviewed by the Nation do not deny that he could not have done it.

A case is not bogus if he indeed did it. Mental illness may be his only salvation in this case. As we debate here, he is in prison, his lawyer should be filing an appeal on numerous grounds. It is still a question of whether he did it or not. If he did, the question would be whether the punishment fits the crime having considered the mitigating factors. If anyone framed him then they should be arrested and prosecuted for fabricating evidence and he should have the liberty of suing them and the State for damages.

The reason lawyers advice suspects not to talk to the police, is because such interaction can be self incriminating. Confessions are difficult to throw out as are guilty pleas made in open court.

Here is another Liutenant Wadi page https://www.facebook.com/profile.php?id=100008628284736&fref=ts.  They seem to be all over.  And some are deleted, apparently.

What is obvious?  It's pretty easy to create these things.  Anyone can do it.  Including Itumbi with the assistance of my pet monkey.

Alan Wadi indeed mentions that someone is impersonating him using Liutenant Wadi, Dec 26th.  He does not seem to mind it.

The link you share with his comments is Dec 29th.  When he has already said someone is impersonating him.  Is it possible he sees no need to dwell on what, in his own words, he has already called an impostor?

Given those numerous, accounts and impersonation. What is to say his guilty plea was not coerced?  If he is told of his right to have legal representation, he is clearly not given enough time to consider it, let alone get it.  Unless he was arrested before December 31st.

That Alan Wadi's case is bogus, should that even be a question anymore?  Most people only hear about him after he is casually jailed by Ann Kaguru.

We are agreed impersonation is easy.  Trivially so.  It's even easier to make a screen-shot of an alleged post.  One can merely download a genuine page and style-sheet.  And fill in with whatever content they feel like.  Copy screen.  Save gif.  Attach.

Would you say that changes the burden of proof(disproof?) to the accused? 

[obienga]

We are agreed impersonation is easy.  Trivially so.  It's even easier to make a screen-shot of an alleged post.  One can merely download a genuine page and style-sheet.  And fill in with whatever content they feel like.  Copy screen.  Save gif.  Attach.

Would you say that changes the burden of proof(disproof?) to the accused? 

The prosecution still has to prove its case, a guilty plea however takes this burden off their hands. I believe this new clause in the Evidence act still stands:

(4) Electronic and digital evidence generated by a person in the ordinary course of business, or a copy or printout of or an extract from the electronic and digital evidence certified to be correct by a person in the service of such person, is on its mere production in any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self-regulatory organization or any other law or the common law, admissible in evidence against any person and rebuttable proof of the facts contained in such record, copy, printout or extract.

I do not fully agree with Gaitho in the Nation, however his opinion on this same issue today is worth a read.

[Kim Jong-Un's Pajama Pants]

We are agreed impersonation is easy.  Trivially so.  It's even easier to make a screen-shot of an alleged post.  One can merely download a genuine page and style-sheet.  And fill in with whatever content they feel like.  Copy screen.  Save gif.  Attach.

Would you say that changes the burden of proof(disproof?) to the accused? 

The prosecution still has to prove its case, a guilty plea however takes this burden off their hands. I believe this new clause in the Evidence act still stands:

(4) Electronic and digital evidence generated by a person in the ordinary course of business, or a copy or printout of or an extract from the electronic and digital evidence certified to be correct by a person in the service of such person, is on its mere production in any civil, criminal, administrative or disciplinary proceedings under any law, the rules of a self-regulatory organization or any other law or the common law, admissible in evidence against any person and rebuttable proof of the facts contained in such record, copy, printout or extract.

I do not fully agree with Gaitho in the Nation, however his opinion on this same issue today is worth a read.

I never really doubted the burden would be with the prosecution.  The guilty plea.  Under the circumstances.  I have no reason to rule out duress.   

In any case, I'd be hard pressed to put it better than MOON Ki.  He has covered the legal angle well.

Admission of digital evidence does not mean accepting anything presented in digital format as true.

Already we are agreed it is laughably easy to create bogus Facebook accounts, phony content and use it as evidence.  It does not pass muster on nipate, let alone a serious court.

twitter does a better job with duplicating account names.  But it is far from immune from simple download of page and css, phony content, photoshop.

Digital evidence is fine.  But it demands higher thresholds of authenticity than the joke I have seen presented with regards to Alan Wadi.

[MOON Ki]

"."

 - See more at: http://www.the-star.co.ke/news/cord-mps-instruct-legal-team-handle-wadis-case-blogger-was-jailed-two-years-abusing-uhuru#sthash.qcECDn4P.dpuf

[Omollo]

About time. It may well turn out the man never wrote anything.

"."

 - See more at: http://www.the-star.co.ke/news/cord-mps-instruct-legal-team-handle-wadis-case-blogger-was-jailed-two-years-abusing-uhuru#sthash.qcECDn4P.dpuf

[obienga]

Unless I am mistaken, evidence is presented in court and you and I did not see it. What was posted here would serve as eyewitness statements by those who took the screenshots if they indeed were to testify. Indeed did the same account also post photos of the suspect, were those same photos found on the suspects mobile phone ? I'm sure that you are also aware that Facebook does not block accounts without an internal investigation. Many times, a Facebook account is linked to an email account and in the case of two factor authentication, a mobile phone number. Either way, this will be an interesting case to watch as it unfolds and is appealed. The State may decide not to contest on appeal, or perhaps it will. The worst thing an innocent person can do for themselves is plead guilty when they know that they are not (except for minor offences to save the pain of going through a lengthy trial).

I never really doubted the burden would be with the prosecution.  The guilty plea.  Under the circumstances.  I have no reason to rule out duress.   

In any case, I'd be hard pressed to put it better than MOON Ki.  He has covered the legal angle well.

Admission of digital evidence does not mean accepting anything presented in digital format as true.

Already we are agreed it is laughably easy to create bogus Facebook accounts, phony content and use it as evidence.  It does not pass muster on nipate, let alone a serious court.

twitter does a better job with duplicating account names.  But it is far from immune from simple download of page and css, phony content, photoshop.

Digital evidence is fine.  But it demands higher thresholds of authenticity than the joke I have seen presented with regards to Alan Wadi.

[vooke]

They had Alai whining over bail or something, no idea what their arrangement was

"."

 - See more at: http://www.the-star.co.ke/news/cord-mps-instruct-legal-team-handle-wadis-case-blogger-was-jailed-two-years-abusing-uhuru#sthash.qcECDn4P.dpuf

[Omollo]

The World of Kenyan politics is all about money and favors. First Alai denies he did it for CORD. Then he manages to raise 200 000 for bail and as he announces it uses the opportunity to castigate CORD for not bailing him him. He words it to reveal a sense of entitlement denied.

He then launches a tirade against ODM (remember it was CORD in earlier posts).

To a casual observer, it is plain nonsense. However if you dig deeper, you hit shit. The latest memo from TNA is to demonize ODM and completely stop mentioning CORD. They have been given the key words to use which should broadly reflect "violence", "Electoral Malpractices", "Refusal to accept defeat", "An Old Leader that should retire" (as if those facing mandatory retirement like Muthaura and Kinyua have ever really retired), etc. The question is what is a CORD ... ooops ... ODM activist doing with a jubilee memo?

They had Alai whining over bail or something, no idea what their arrangement was

[RV Pundit]

Obienga,
Stop being disingenuous..and pretending a police force that can do EJK..cannot torture and intimidate somebody to plead guilty? Come one and tell us how many cases in kenyatta,moi and kibaki era have we seen such cases where people are brought ready to plead guilty and then gov say..look he is jailed on his or her own guilty plea? Of course after being tortured and threaten with death..and lied to (plead guilty..and all will be fine)....most folks will cut their loses. Those who do not endure more torture and possible death (aka commit suicide in prison).

The most important thing for me is whether we have KANU or not. if the answer is YES...then we have KANU

If we have KANU..then we have police force that can torture and break someone so much the best they can do is to PLEAD GUILTY ON THEIR OWN Plea...and if not we have gov that is ready to re-introduce statement signed by an accused on police station pleading guilty.

[vooke]

Omorlo,
Not convinced. I see it the other way round; being rabidly pro-CORD/Jubirlee is a liability. You lose respect somewhat. You are not objective. So Alai is trying to overcompensate by making feeble attacks at CORD to give some semblance of 'balance',assaulting and exposing injustices wherever and whenever

He could easily have been a serious activist. He lost it. For all purposes and intent, the Negro is a Rayirla PSYCHOphant specializing on attacking Rayirla's nemesis; Ouruto.

He looks like a lone wolf whom CORD took an interest in just like Wadi, hasted to over-promise only to change their minds.

The World of Kenyan politics is all about money and favors. First Alai denies he did it for CORD. Then he manages to raise 200 000 for bail and as he announces it uses the opportunity to castigate CORD for not bailing him him. He words it to reveal a sense of entitlement denied.

He then launches a tirade against ODM (remember it was CORD in earlier posts).

To a casual observer, it is plain nonsense. However if you dig deeper, you hit shit. The latest memo from TNA is to demonize ODM and completely stop mentioning CORD. They have been given the key words to use which should broadly reflect "violence", "Electoral Malpractices", "Refusal to accept defeat", "An Old Leader that should retire" (as if those facing mandatory retirement like Muthaura and Kinyua have ever really retired), etc. The question is what is a CORD ... ooops ... ODM activist doing with a jubilee memo?

They had Alai whining over bail or something, no idea what their arrangement was

[RV Pundit]

I have a problem with your attempt to BOX people. Let people be. Let Alai be. Let Vooke be.We are all different. What works for you doesn't work for me. Itumbi and Alai are similar. They are outspoken.

Only  a really stupid gov would waste time with some of these folks.

During PEV the guys i saw going for war and for demos i can bet never voted..they couldn't tell ODM from PNU..unwashed criminal minded monkeys straight from forest..who did not even vote.

People post stuff on facebook when they are angry, when they are frustrated, when they are happy, when they are drunk, stuck in bad traffic,name it...nobody should and ought to take them seriously...esp stupid student like Wadi..

You cannot police people life..

Omorlo,
I see it the other way round; being rabidly pro-CORD/Jubirlee is a liability. You lose respect somewhat. You are not objective. So Alai is trying to overcompensate by making feeble attacks at CORD to give some semblance or 'balance'. Assaulting and exposing injustices wherever and whenever

He could easily have been a serious activist. He lost it. For all purposes and intent, the Negro is a Rayirla PSYCHOphant specializing on attacking Rayirla's nemesis; Ouruto.

He looks like a lone wolf whom CORD took an interest in just like Wadi, hasted to over-promise only to change their minds.

[Kim Jong-Un's Pajama Pants]

Unless I am mistaken, evidence is presented in court and you and I did not see it. What was posted here would serve as eyewitness statements by those who took the screenshots if they indeed were to testify. Indeed did the same account also post photos of the suspect, were those same photos found on the suspects mobile phone ? I'm sure that you are also aware that Facebook does not block accounts without an internal investigation. Many times, a Facebook account is linked to an email account and in the case of two factor authentication, a mobile phone number. Either way, this will be an interesting case to watch as it unfolds and is appealed. The State may decide not to contest on appeal, or perhaps it will. The worst thing an innocent person can do for themselves is plead guilty when they know that they are not (except for minor offences to save the pain of going through a lengthy trial).

I never really doubted the burden would be with the prosecution.  The guilty plea.  Under the circumstances.  I have no reason to rule out duress.   

In any case, I'd be hard pressed to put it better than MOON Ki.  He has covered the legal angle well.

Admission of digital evidence does not mean accepting anything presented in digital format as true.

Already we are agreed it is laughably easy to create bogus Facebook accounts, phony content and use it as evidence.  It does not pass muster on nipate, let alone a serious court.

twitter does a better job with duplicating account names.  But it is far from immune from simple download of page and css, phony content, photoshop.

Digital evidence is fine.  But it demands higher thresholds of authenticity than the joke I have seen presented with regards to Alan Wadi.

The jailing.  The court affair.  I am deferring to MOON Ki's analysis.  If you come up with something more inspired.  I'll happily shift my opinion accordingly. 

I am fascinated by the links of images you shared here.  I am assuming you believe they are true.  What is your basis?  How will the person who took the screenshots prove they are not phony?

Can you prove that the images you have shared about "Alan Wadi" represent anything done by Alan Wadi?  Is it very trivial to come up with those links you share?  Would it take something more concrete than innuendo to convince a reasonable person?

Alan Wadi's photos are on the web.  Anybody can download them.  Create a phony account. Phony content.  Will facebook stop them?  I could even use it for my avatar.  Or put it on my mobile phone. Create decorative toilet paper with it.

If I were you I would try it if in doubt, if you haven't already.  A child with dyslexia could easily create an account of Lieutenant kissing the ground that kamwana walks on.

Alternatively one can just download the page, replace content with phony content and photo-shop. 

If one does not see something more convincing, would they be crazy to dismiss the links you readily shared here as nothing more than jubilee propaganda?

[Omollo]

I do not have enough information to place him. I have read what he writes mostly on secondary basis. My analysis is based on the statements he made after the trial / bail hearing.

Raila is not known for handing out cash. I have been around him. He feels very uncomfortable when it comes to handouts. I know from discussions that he abhors the politics of bribery. So Alai would be facing certain starvation if that were to be his life-bread. I believe Buke gave up and moved on.

How is Alai a Raila sycophant? I ask that aware that I am supposed to be one of his sycophants despite taking on Raila when our paths have crossed.

Omorlo,
Not convinced. I see it the other way round; being rabidly pro-CORD/Jubirlee is a liability. You lose respect somewhat. You are not objective. So Alai is trying to overcompensate by making feeble attacks at CORD to give some semblance of 'balance',assaulting and exposing injustices wherever and whenever

He could easily have been a serious activist. He lost it. For all purposes and intent, the Negro is a Rayirla PSYCHOphant specializing on attacking Rayirla's nemesis; Ouruto.

He looks like a lone wolf whom CORD took an interest in just like Wadi, hasted to over-promise only to change their minds.

[Omollo]

The response(s) will greatly interest me.

The jailing.  The court affair.  I am deferring to MOON Ki's analysis.  If you come up with something more inspired.  I'll happily shift my opinion accordingly. 

1. I am fascinated by the links of images you shared here.  I am assuming you believe they are true.  What is your basis?  How will the person who took the screenshots prove they are not phony?

2. Can you prove that the images you have shared about "Alan Wadi" represent anything done by Alan Wadi?  Is it very trivial to come up with those links you share?  Would it take something more concrete than innuendo to convince a reasonable person?

3. Alan Wadi's photos are on the web.  Anybody can download them.  Create a phony account. Phony content.  Will facebook stop them?  I could even use it for my avatar.  Or put it on my mobile phone. Create decorative toilet paper with it.

4.If I were you I would try it if in doubt, if you haven't already.  A child with dyslexia could easily create an account of Lieutenant kissing the ground that kamwana walks on.

5. Alternatively one can just download the page, replace content with phony content and photo-shop. 

6. If one does not see something more convincing, would they be crazy to dismiss the links you readily shared here as nothing more than jubilee propaganda?