Failing to stop and render aid is a very serious offence. (hypothetically, If you witness a road accident / commit one - “hit and run” - and fail to stop, render aid or report you’re more than likely to be found guilty depending on the the degree of harm or injury.)
A “reasonable” person would not just stand there and watch a “minor/woman” being bashed and, not render aid, stop harm, not report(maybe they did report). But by this video there’s proof that they were “negligent”.
The failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances: By action(recording), and omission(not helping, when there is some duty to act) is possible proof of a breach of duty of care.
A Nairobi Aviation College trained lawyer can successfully win this one. For example last year when NASA supporters were opposing the results of elections, many people witnessed crimes happening and said nothing or did nothing to stop them. I witnessed so many people stoning cars. We took videos and pictures of the same crimes and nobody was charged. We even posted them on FB.
Another thing that DPP Haji will have to contend with if he goes ahead and charges the witnesses what will he do with the women witnesses? Will he charge them too and face the wrath of FIDA?
I think this is a healthy topic
The question is does it say so in the constituition? That I have to intervene if I see my neighbour beating his wife or child?
Does that rule also apply to women witnesses too?
Let’s hope the media will educate us more because this is a very controversial topic
Recently in the US, a judge ruled that 4 boys accused of taunting and recording a drowning victim die didn’t have a case to answer as they were under no obligation to rescue the dying man.
What are the similarities here?
Section 392 of the Penal Code;
Every person who, knowing that a person designs to commit
or is committing a felony, fails to use all reasonable means to prevent
the commission or completion thereof is guilty of a misdemeanour.
There are many types of “law” (I’m not really sure what this word means) but anyway the main are civil, statute(constitution), criminal (Nzomo will be charged “criminaly” -police stuff) and common law (precedent/case law)
The video-crew will probably be charged under common law. Common law (judge-made law) is based on precedent rather than statutes. Here a judge will determine the case under - “right&wrong” rules which everyone has(I mean, any sane person knows that violence is wrong except whilst stopping a crime or in self-defence)
Methinks - “He” /they’ll be found guilty or the judge may create a new precedent for people filming “assault” (only reporters are given a pass - in a warzone - that is) and not doing anything about.
I don’t in any way, shape or form condone violence or stupidity but for fucks sake;They should not have posted that video. That was their undoing.