Uhuru has to NO legal right to terminate a case or release suspects

[RV Pundit]

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Unless he is the complainant in Migori.

This is old KANU era. Only the Independent DPP can enter  NO PROSECUTION.

[Ole Ole]

On this one i think Uhuru did the right thing, No charges had been brought forward and those innocent peasant were languishing in police cells
also i believe in this case he could have been cited as complainant or those guys would have been charged with threatening the president.

btwn how long can the police hold a suspect before taking them to court?

[RV Pundit]

Once we allow PORK the power to release or keep suspect at his mercy we are starting a downhill path of yet another Africa tin pot dictator.

The police and DPP (prosecutors) are independent. They should be able to terminate cases without any intervention from anybody. And if not judges or magistrate will do it.

The police are allowed to keep a suspect for 24hrs max...for murder charges i think 14 days...but generally the suspect is presented in court asap..and if there is need for more investigation..the police will seek extension from a magistrate...to hold the suspect longer.

We need the rule of law...not the rule of right or wrong.

On this one i think Uhuru did the right thing, No charges had been brought forward and those innocent peasant were languishing in police cells
also i believe in this case he could have been cited as complainant or those guys would have been charged with threatening the president.

btwn how long can the police hold a suspect before taking them to court?

[Mintos]

But if Uhunye orders teh release it will be effected ama? Si Ole Lengu was present to hear these orders? hehehe

[Kichwa Mbaya]

Pundit, you are right but they will argue that he "urged" the DPP to release them and that the ultimate decision was not his.  Ouru has done everything in his power to frustrate the letter and spirit of the new katiba. He is playing politics with this migori to the hilt.

Unless he is the complainant in Migori.

This is old KANU era. Only the Independent DPP can enter  NO PROSECUTION.

[machoman]

Did he order or request?

[RV Pundit]

I hope he requested coz if he ordered that would be undermining the independence of Migori police and prosecutors.Uhuru should find a better way to play politics and leave police work alone. If the police have determined that somebody broke the law....they should proceed to the very bitter end. Uhuru can ask the parole comittee to look into the case of Migori rioters later.

Heck even requesting would still be undermining the police independence and discretion.

Did he order or request?

[obienga]

Unless he is the complainant in Migori.

This is old KANU era. Only the Independent DPP can enter  NO PROSECUTION.

Even with the complainant wishing to dismiss the matter, the prosecutor needs to determine if a crime/offense was committed against the Republic, and if it was, then proceed with the prosecution or seek alternative resolution/plea bargain as permitted under law. Laws were passed to be followed, not bent.

[Kichwambaya]

He made it sound like a request but in Kenya what the president says is an order until people get the new culutre. The youth seems to get it but it will take awhile for the old folks who lived under Kenyattaa and Moi. For years the president's word was law and some people are still stuck in that era. Unfortunately these are the people running the country. This is why idiots like Obado making the people of Migori look like children by running to the state house to apologise.  Apologize for what?  The only hope we have for Kenya in this regards is that we are a very young population and by 2017 elections we will add another huge crowd of voters who were only 13 years old during the last elections. This is why the 20 year deal with WSR will be hard to sustain. Putin/Medvedev  in 2017 is the only way for WSR to the presidency. I hope that is why he is lying low. If he pulls that off then the Kalenjins will vote for him in huge numbers but I do not believe the okuyu chauvanist will let ouru do that.  Its therefore a non-starter. 

[RV Pundit]

Thanks Obienga. Yes it seem Uhuru should be legally advised to leave police and prosecuting work alone. The ruffians should be dealt with through the Law. Otherwise police will start looking for statehouse direction before proceeding on their work.

Even with the complainant wishing to dismiss the matter, the prosecutor needs to determine if a crime/offense was committed against the Republic, and if it was, then proceed with the prosecution or seek alternative resolution/plea bargain as permitted under law. Laws were passed to be followed, not bent.

[RV Pundit]

I do not see any problem with Obado apology. It more of his style of politics..we can disagree with it but he is free to grovel before uhuru and walk on all his four pleading for forgiveness. Unless he was using county funds. Uhuru and Obado should have done their thing but i think Uhuru crossed the line by ordering or requesting the police to release them..that to me is interfering and undermining the police newly minted independence.

Uhuru of course wanted to get some political brownies points by appearing the BIGGER MAN...but if Kuttuny is the advice..he should have Githu ran through all ideas.

He made it sound like a request but in Kenya what the president says is an order until people get the new culutre. The youth seems to get it but it will take awhile for the old folks who lived under Kenyattaa and Moi. For years the president's word was law and some people are still stuck in that era. Unfortunately these are the people running the country. This is why idiots like Obado making the people of Migori look like children by running to the state house to apologise.  Apologize for what?  The only hope we have for Kenya in this regards is that we are a very young population and by 2017 elections we will add another huge crowd of voters who were only 13 years old during the last elections. This is why the 20 year deal with WSR will be hard to sustain. Putin/Medvedev  in 2017 is the only way for WSR to the presidency. I hope that is why he is lying low. If he pulls that off then the Kalenjins will vote for him in huge numbers but I do not believe the okuyu chauvanist will let ouru do that.  Its therefore a non-starter. 

[Omollo]

I do not see any problem with Obado apology. It more of his style of politics..we can disagree with it but he is free to grovel before uhuru and walk on all his four pleading for forgiveness. Unless he was using county funds. Uhuru and Obado should have done their thing but i think Uhuru crossed the line by ordering or requesting the police to release them..that to me is interfering and undermining the police newly minted independence.

He is just giving more ammunition to the ICC especially the counsel for victims.

[Brynn]

Goodwill gesture on his part. Commendable and helpful to National Chohesion.

[Omollo]

Goodwill gesture on his part. Commendable and helpful to National Cohesion.

He could have delivered bread and soda to them in the cell. His utterances where he purports to order their freedom effectively applies unbearable preponderant and illegal pressure on a holder of a constitutional office. It forms grounds for impeachment.

[Kim Jong-Un's Pajama Pants]

To be honest.  He has de-facto power in today's Kenya to do that.  The law means nothing when it comes to these fellows.

[Brynn]

Goodwill gesture on his part. Commendable and helpful to National Cohesion.

He could have delivered bread and soda to them in the cell. His utterances where he purports to order their freedom effectively applies unbearable preponderant and illegal pressure on a holder of a constitutional office. It forms grounds for impeachment.

You are arguing from an idealistic pedestal in terms of progression of legal systems. Those kinds of luxuries come at a cost , Kenyans are yet to demonstrate the desire to evolve our Justice systems to those levels, not while summary mob justice on the street is still the defacto way of handling things (Hammurabi BC era). Mine is simply a pragmatic reflection of the actions he has made in light of the State of the Nation.

[Omollo]

You are arguing from an idealistic pedestal in terms of progression of legal systems. Those kinds of luxuries come at a cost , Kenyans are yet to demonstrate the desire to evolve our Justice systems to those levels, not while summary mob justice on the street is still the defacto way of handling things. Mine is simply a pragmatic reflection of the actions he has made in light of the State of the Nation,

Exactly! That is the position every Kenyan should argue from in order to reach the "utopia" you describe. That "Utopia" was created by individuals who stopped similar ignorant mercurial would-be-dictators from arrogating themselves powers they didn't have and were clearly prevented from having.

My advice to him: Next time he feels like reconciliation and cohesion, let him use one of his private choppers to land in Migori and deliver cake and candy to any prisoner he wishes. But he has no power to purport to "order" the release of any prisoner, who is in lawful custody.

The constitution forbids anybody from directing or instructing the DPP in his work; The same constitution prevents all but the DPP from directing the IG. Even then there is a limit these directions. The Minister for internal security who has also in the past purported to direct the IG has no such powers and the President is a total stranger.

157(10) The Director of Public Prosecutions shall not require the consent of any person or authority for the commencement of criminal proceedings and in the exercise of his or her powers or functions, shall not be under the direction or control of any person or authority.

157(4) The Director of Public Prosecutions shall have power to direct the Inspector-General of the National Police Service to investigate any information or allegation of criminal conduct and the Inspector-General shall comply with any such direction.

245(4) The Cabinet secretary responsible for police services may lawfully give a direction to the Inspector-General with respect to any matter of policy for the National Police Service

[Brynn]

I get (and even agree with your argument) but still find his actions very commendable.

[George Lamming]

"Heck even requesting would still be undermining the police independence and discretion."

I agree. That is putting unnecessary pressure on jr office. If police thought it was important to prosecute the hooligans, it is not Uhuru's business to influence that or play populist politics. He could have simple said, I forgive them and say good bye.  rest is for police discretion.

Did he order or request?

[/quote]

[Robina]

I actually think he is the complainant/aggrieved. So he has the legal right to terminate the case. Politically he has the right too since he is the President.