[MEDIA=twitter]1339181927279030272[/MEDIA]
dangerous precedent set. maraga should have discussed with Uhuru to pardon the guy, that was the only legal way out
No. Odunga is right. In view of the fact that the key witness later recanted her testimony, a retrial of the case is the way to go. It will allow the DPP to evaluate the evidence and decide whether to prosecute or withdraw the case all together.
A pardon presumes that the man was guilty as charged and is being exempted from the legal consequences/punishment as prescribed by law. You cannot be pardoned for something you are not guilty of in the first place.
For that man, it must feel like the weight of the world has been lifted off his shoulders.
Huyo mwanamke ashikwe mara moja akimbizwe mbio Lang’ata womens.
Can he sue the state or the accuser …
Right. Because maybe there’s other evidence other than what the daughter said. Witnesses recant all the time.
There is a cause of action called malicious prosecution. You have to demonstrate that the actions of the state were actuated by malice. I don’t think he would succeed against the state. The government, through its agencies [the police, police doctor, DPP etc] only received and acted upon information after forming the opinion that the man had committed an offence. The state agencies may be guilty of incompetence. They should have scrutinised the veracity of the information which they received before deciding to charge and prosecute, but it’s hard to conclusively prove malice.
The man has a good chance of succeeding against the ex wife in a suit for malicious prosecution . But remember, Odunga ordered a fresh trial. Until the new case ends in him being acquitted or the DPP chooses not to prosecute, then we cannot say he is out of the woods.
Exactly.
Then it becomes the DPP’s headache to determine whether it can secure a conviction with the remaining evidence or not.
Bila hata kufunguliwa mashtaka? :D:D Huo utakuwa ukiukaji wa haki zake za kikatiba bwana!
Was he pardoned or was it a case of mistrial ?a pardon can only come from the president
can I keep you on a retainer.
We live in a liberal world noadays. And liberal rules dictate that she is a woman, she was just confused, the man is tough and he could handle punishment…
Somehow he must be guilty. He looks guilts. He is a he.
In fact Kenyans have forgiven Wambua because his daughter is pretty and was on the news saying her dad is innocent.
Across the sea for the many crimes Hillary committed the FBI forgave her and didn’t even investigate her because she is a woman. Women forget to use email…
But for the imagined crimes that Trump is accused of committing the same FBI spent $50million investigating him.
Back to Kenya there’s that girl who stabbed her boyfriend numerous times, but because she is pretty and also a young woman, everyone is of the opinion that she should be released.
Maraga ni meffi his ego ndio his undoing. Hii thing Kenya revolve around his hairy ass.
“Watoto hawawezi danganya” and other stories.
8 years of your life, not to mention reputation gone with the wind just like that…and to add salt to injury, you are being falsely accused of raping your own daughter…women are wicked.
You must be a lawyer, elder. That opinion is not pedestrian.
so if 50,000 key witnesses in cases that have gone past the court of appeal and convicted recant statements will we have fifty thousand retrials?
so if i get money after i am convicted all i have to do is compromise the key witness after conviction and get a retrial ?
i still insist its a bad precedent the activist judge has made, no wonder Uhuru has refused some judges, Odunga included, promotion to the Court of Appeal. now i understand his stand.
hata mimi sielewi coz all the appeal channels had been exhausted.
As ridiculous as it sounds, yes.
Recanting of testimony by a Witness is no small thing for the witness. It has serious legal consequences. It means that the witness lied whilst under oath. It exposes the Witness to all manner of criminal charges from perjury, lying to the police, lying to a public officer, conspiracy to pervert justice, obstruction of justice… and you know that the court will not hardly believe anything that witness says in their defence to those charges. Shit, the court will not believe that witness ever again!
Yes, if you can convince them to take the risk of going to prison.
I would imagine that your position is that since that the alleged victim of the offence recanted her testimony, it automatically means that the man is has been vindicated; he is innocent and should be released like last year and escorted home with like a 10 million shilling payout from the government , a personal visit and an official apology from the president and the thief justice because he has suffered so much for something he did not do.
But that is not how the law works.
-
After the promulgation of the constitution of Kenya 2010, pardoning of convicted criminals is no longer a presidential prerogative. That is the preserve of the The Power of Mercy Advisory Committee. Legally [forget about politically influencing things], the president cannot, by himself, wake up one day and in a public rally declare that he has pardoned any person convicted of an offence. The Committee must sit, deliberate then make recommendations to the president. Only then can the president legally pardon someone.
-
Like I said earlier about being pardoned for something you have not been convicted of…nimechoka kutype…
Mimi ni auctioneer.
Umeshawahiskia Garam? 