Author Topic: CORD should understand the "Rights of an arrested person"  (Read 1830 times)

Offline RV Pundit

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CORD should understand the "Rights of an arrested person"
« on: June 16, 2016, 06:40:24 PM »
There is no right to visitation except the right to communicate with laywer or anyone else. No right to special treatment. If cord has an issues with police cells...it an issue they need to address because it affect everyone else arrested.

I am glad that these Mpigs are spending time together with regular kenyans.

I am glad that Jubilee has let kuria and Waitutu to tough it out. CORD mps are being kept in the same cell after both the magistrate and chief magistrate dismissed their bail. Kenyans want these kind of hate mongers reigned. The more they stay there; the better for everyone.

Quote
) An arrested person has the right--

(a) to be informed promptly, in language that the person understands, of--

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;

(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than--

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;

(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

(2) A person shall not be remande.

(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

Offline Kim Jong-Un's Pajama Pants

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Re: CORD should understand the "Rights of an arrested person"
« Reply #1 on: June 16, 2016, 06:57:38 PM »
How long have they been held?  Have they been charged in court yet?
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline RV Pundit

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Re: CORD should understand the "Rights of an arrested person"
« Reply #2 on: June 16, 2016, 07:08:43 PM »
They were not held more than 24hrs. They were arrested the same day and charged. Which doesn't happen' often..normally you sleep in the cells and you're arrigned the following day disoriented with any charge the police can think of.

The police asked for 4 days to investigate the cases fully while holding them. The magistrate granted that. . The following day (yesterday) they appealed the magistrated rulling in the chief magistrate court..and the chief magistrate dismissed their appeal (his decision was to be made public today)...he basically thought they were a threat to public and the witnesses..and so as of now..they stay for 4 days in cells.

They've been allowed to see their lawyers and family. All this at police discretion.

Police do not have to accede to politicians or cord visitation.

They should be allowed visitation like your or me...for few minutes..and you go back to the cell...and if you don't come threatening with huge crowd.

This hopefully is a new start. Narok Mps were locked and they got it. They need to do this to our politicians every so often these folks will come down to earth.

After this they are free to sue police for wrongful detention.

The likes of Muthama, Kuria and Waitutu clearly need to be reigned on and the police deserve all kudos. The rest are just unlucky.

How long have they been held?  Have they been charged in court yet?

Offline Simanova

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Re: CORD should understand the "Rights of an arrested person"
« Reply #3 on: June 16, 2016, 07:37:00 PM »
Pundit

Then explain why their bona fide advocates were not allowed to see them for signatures.
There is no right to visitation except the right to communicate with laywer or anyone else. No right to special treatment. If cord has an issues with police cells...it an issue they need to address because it affect everyone else arrested.

I am glad that these Mpigs are spending time together with regular kenyans.

I am glad that Jubilee has let kuria and Waitutu to tough it out. CORD mps are being kept in the same cell after both the magistrate and chief magistrate dismissed their bail. Kenyans want these kind of hate mongers reigned. The more they stay there; the better for everyone.

Quote
) An arrested person has the right--

(a) to be informed promptly, in language that the person understands, of--

(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;

(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance is necessary;
(d) not to be compelled to make any confession or admission that could be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not later than--

(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours, or on a day that is not an ordinary court day, the end of the next court day;

(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a charge or trial, unless there are compelling reasons not to be released.

(2) A person shall not be remande.

(2) A person shall not be remanded in custody for an offence if the offence is punishable by a fine only or by imprisonment for not more than six months.

Offline RV Pundit

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Re: CORD should understand the "Rights of an arrested person"
« Reply #4 on: June 16, 2016, 07:39:38 PM »
What was the purpose of the crowd. I just saw Khaminwa say they talked to them and they are in high spirit. CORD should stop intimidating the police after they lost in the chief magistrate court yesterday. Police did not detain these guys. It is mutunga court which did. When you lose in court..against "stupid" cops...please respect the decision of the chief magistrate..let these guys stay for 2 more days....I hope they stay the weeknd :D :D

The anger I see is that police have broken this unwritten rule that top guys get to sleep in the worst time in Kileleshwa, Hady (karen), Mutangari and maybe Kilimani.

Now they are sandwitched in Pangani with somalis who cannot understand swahili..I was once arrested hapo pangani roundabout (before thika highway) and kept from 5...till 10..for disobeying a police woman at that junction...4hrs was hell...I kept calling my wife and bro..until the guy who had the phone said..is this your firs time and said for traffic offence I needed 5k bail..some of them had been there for weeks...I can imagine 4 days. And that was the day I was rushing from work in gigiri to embakasi for beer :) damn. My first time in a police cell. I somehow escaped police cells while at Uon.

Pundit
Then explain why their bona fide advocates were not allowed to see them for signatures.
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