|
|
Post by Daktari wa makazi on Dec 17, 2014 20:59:30 GMT 3
Robert Alai, a bloggger, finds himself before a magistrate for a criminal action - that he wrote message which undermined the Presidency.
I am well aware that the matter is before a Court, and will not comment directly on the matter before trial (prejudice)
Three things stuck me:
1. the charges are definite - it is stated that Alai by his writing undermined the Presidency - not in the usually legal phrases - likely or deemed to be seen to undermine the Presidency. If the charges are so definite - cast iron type - without a shadow of doubt, is it the case that there is something in evidence which has not been make public, yet? That does not seem to be the case as it is reported the prosecution had applied that the court deny Alai bail, noting that investigations on the matter were still on going and the accused could interfere with investigations. If investigation are on-going, is bring the charges now premature?
2. the charge is framed in such a way that the Presidency is given an life of its own - not the individual who occupies it. One would assume where an individual is scandalised, it is that individual’s person which suffers not the office. The person so aggrieved can therefore resort to suing for defamation/slander, not the office. Whilst the charges are couched in the language of a ‘public officer-holder’, one wonders would another public officer-holder also get the same protection given to the person of Uluru Kenyatta? Second, considering that the Presidency is above litigation in that the President cannot be sued, why is it right for his Office to seek criminal sanction when no such sanction can be brought against the office? This follows straight to my next point -
3. as the legal casting is Alai against the office of the Presidency, where is the level playing field? Out of curiosity, with whom will the Court agree, Alai or Uhuru Kenyatta the Presidency!
|
|
|
|
Post by podp on Dec 17, 2014 21:15:22 GMT 3
Robert Alai, a bloggger, finds himself before a magistrate for a criminal action - that he wrote message which undermined the Presidency. I am well aware that the matter is before a Court, and will not comment directly on the matter before trial (prejudice) Three things stuck me: 1. the charges are definite - it is stated that Alai by his writing undermined the Presidency - not in the usually legal phrases - likely or deemed to be seen to undermine the Presidency. If the charges are so definite - cast iron type - without a shadow of doubt, it is the case that there is something in evidence which has not been make public, yet? That does not seem to be the case as it is reported the prosecution had applied that the court deny Alai bail, noting that investigations on the matter were still going on and the accused could interfere with investigations. If investigation are on-going, is bring the charges premature? 2. the charge is framed in such a way that the Presidency is given an life of its own - not the individual who occupies it. One would assume where an individual is scandalised, it is that individual’s person which suffers not the office. The person so aggrieved can therefore resort to suing for defamation/slander, not the office. Whilst the charges are couched in the language on ‘public officer-holder’, one wonders would another public officer-holder also get the same protection given to the person of Uluru Kenyatta? 3. as the legal casting is Alai against the office of the Presidency, where is the level playing field? law is sweet when applied logically but being an inhabitant of our 'Kenya yeti ni nchi ya ajaabu' this is a good case of double standards. it took ICC to take in Sang as a suspect and a Kiambu court to take in Alai as a suspect. logic would have us ask what deserves spending our tax payers money? What is concerning about the Bill is not just its contents, but its ultimate purpose. www.nation.co.ke/oped/blogs/dot9/waitherero/-/2274550/2557354/-/138b06k/-/index.htmlThere is no shortage of issues and problems plaguing Kenya today, heck, it’s like a cruel game of whack-a-mole. Coupled with the politicisation of virtually all discourse on any issue in any sector, it is no mean feat to be a diligent Kenyan, practicing one’s constitutional right to public participation. www.nation.co.ke/oped/Opinion/social-media-citizen-engagement-public-participation/-/440808/2560240/-/24c683/-/index.htmlelsewhere we witness www.hivisasa.com/kisumu/crime/124257/constable-charged-murder-released-bailand finally sample this papo hapo • 6 hours ago "...[He said he was first charged with sharing Uhuru and Ruto's contacts then calling the Kibera slum upgrade programme "Kalongolongo" and finally misusing licensed communication equipment by telling "President to rule maturely".]..." What Mr Alai and Kenyans in general don't understand is that TNA HEGEMONY strategists are checking the voracity and the tenacity of (1) the voracity on Laws in existence and those they can make to stifle, nullify or eradicate their opponents (Mr Alai is a lab rat) (2) the tenacity of the public to either oppose or support the use or creation of these Laws www.the-star.co.ke/news/robert-alai-charged-undermining-authority-released-sh200000-bail |
|
|
|
Post by kamalet on Dec 17, 2014 22:47:51 GMT 3
Sadik
This is the section of the Penal Code Alai is charged with:
132. Undermining authority of public officer
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.
Moral...Do not trust everything the media writes - especially when they are 'simplifying' it for the ignorant mwananchi!
|
|
|
|
Post by jakaswanga on Dec 17, 2014 23:42:04 GMT 3
Sadik This is the section of the Penal Code Alai is charged with: 132. Undermining authority of public officer
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years. Moral...Do not trust everything the media writes - especially when they are 'simplifying' it for the ignorant mwananchi! Haha! you mean I can not call Njuguna ndung'u of central bank a certified thief? nor Kimemia and Iringo thieves!? I am suppose to have another reaction other than contempt and revulsion at these kind of vermin!? I said it before, that Ouru Kenyatta is the Kenyan sovereign, and in that capacity Bensouda and Ocampo can go to hell with their ICC moronism, because it insults the Kenyan sovereign. But there is another side. If that same Kenyan sovereign is minded to sign this kind of prehistoric mindset into Kenyan law, that sovereign must be treated as something less than historical excreta. To flushed down the historical sewer. Contempt!? some people really work hard to deserve it! There is a version which goes it was Julius Nyerere who seduced Museveni and Kagame into getting rid of Mobutu on behalf of Desire Kabila. Nyerere looked at Kagame and said, spitting. ''That thing in Kinshasha called Mobutu! is pus! then Julius discovered an insect on his shirt-sleeves, and boring Kagame with his eyes, he contemptuously swated the insect away. Kagame did not flinch. He searched the ground for the insect, and ground it with his feet. sealed fates. And the two men shook hands. (there is another version which includes Yoweri Museveni in attendance --but that is for another day!)Candidat na Biso Mobutu! he was a god! Africa has seen them around, such men, some even King of Kings! I suggest his excellency Ouru kenyatta of Kenya before he signs this kind of doom into law, use his mind a bit, if he has any that is! |
|
|
|
Post by Daktari wa makazi on Dec 18, 2014 6:50:56 GMT 3
Sadik This is the section of the Penal Code Alai is charged with: 132. Undermining authority of public officer
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years. Moral...Do not trust everything the media writes - especially when they are 'simplifying' it for the ignorant mwananchi! Haha! you mean I can not call Njuguna ndung'u of central bank a certified thief? nor Kimemia and Iringo thieves!? I am suppose to have another reaction other than contempt and revulsion at these kind of vermin!? I said it before, that Ouru Kenyatta is the Kenyan sovereign, and in that capacity Bensouda and Ocampo can go to hell with their ICC moronism, because it insults the Kenyan sovereign. But there is another side. If that same Kenyan sovereign is minded to sign this kind of prehistoric mindset into Kenyan law, that sovereign must be treated as something less than historical excreta. To flushed down the historical sewer. Contempt!? some people really work hard to deserve it! There is a version which goes it was Julius Nyerere who seduced Museveni and Kagame into getting rid of Mobutu on behalf of Desire Kabila. Nyerere looked at Kagame and said, spitting. ''That thing in Kinshasha called Mobutu! is pus! then Julius discovered an insect on his shirt-sleeves, and boring Kagame with his eyes, he contemptuously swated the insect away. Kagame did not flinch. He searched the ground for the insect, and ground it with his feet. sealed fates. And the two men shook hands. (there is another version which includes Yoweri Museveni in attendance --but that is for another day!)Candidat na Biso Mobutu! he was a god! Africa has seen them around, such men, some even King of Kings! I suggest his excellency Ouru kenyatta of Kenya before he signs this kind of doom into law, use his mind a bit, if he has any that is! This Law is not new! It has been in the books but have had no convictions. Remember then then PC Yusuf Haji. Yusuf Haji’s car broke down on his way to State House, Nakuru. He with all his uniform and Nyayo ‘rung’ to boot flagged down a passerby motorist for a lift. But the motorist was having none of it. So far as he was concerned, he had his own urgent errands and they did not include ferrying provincial commissioners around. As Kenya was then, the motorist belligerence landed him in police cell. He would probably have served a jail sentence if the Attorney General had not pulled out a nolle prosequi from a desk in his chambers. The case ended there. |
|
|
|
Post by kamalet on Dec 18, 2014 9:57:41 GMT 3
Haha! you mean I can not call Njuguna ndung'u of central bank a certified thief? nor Kimemia and Iringo thieves!? I am suppose to have another reaction other than contempt and revulsion at these kind of vermin!? I said it before, that Ouru Kenyatta is the Kenyan sovereign, and in that capacity Bensouda and Ocampo can go to hell with their ICC moronism, because it insults the Kenyan sovereign. But there is another side. If that same Kenyan sovereign is minded to sign this kind of prehistoric mindset into Kenyan law, that sovereign must be treated as something less than historical excreta. To flushed down the historical sewer. Contempt!? some people really work hard to deserve it! There is a version which goes it was Julius Nyerere who seduced Museveni and Kagame into getting rid of Mobutu on behalf of Desire Kabila. Nyerere looked at Kagame and said, spitting. ''That thing in Kinshasha called Mobutu! is pus! then Julius discovered an insect on his shirt-sleeves, and boring Kagame with his eyes, he contemptuously swated the insect away. Kagame did not flinch. He searched the ground for the insect, and ground it with his feet. sealed fates. And the two men shook hands. (there is another version which includes Yoweri Museveni in attendance --but that is for another day!)Candidat na Biso Mobutu! he was a god! Africa has seen them around, such men, some even King of Kings! I suggest his excellency Ouru kenyatta of Kenya before he signs this kind of doom into law, use his mind a bit, if he has any that is! This Law is not new! It has been in the books but have had no convictions. Remember then then PC Yusuf Haji. Yusuf Haji’s car broke down on his way to State House, Nakuru. He with all his uniform and Nyayo ‘rung’ to boot flagged down a passerby motorist for a lift. But the motorist was having none of it. So far as he was concerned, he had his own urgent errands and they did not include ferrying provincial commissioners around. As Kenya was then, the motorist belligerence landed him in police cell. He would probably have served a jail sentence if the Attorney General had not pulled out a nolle prosequi from a desk in his chambers. The case ended there. If you wish to know, it has been on our Penal Code since 1952. There have been successful convictions in the early seventies as well as the eighties under that section. But do we actually need such laws in our books? Of course not if common sense prevailed and we use what we learnt in school. No one ever called a teacher an idiot or even wrote it on on the blackboard in class even when the evidence was overwhelming that the teacher was an idiot. Neither will anyone go ahead and insult the age mate of one's father - it was something called respect. And that is why any young person who cannot call me 'uncle' will call me 'baba so and so' and never Kamalet. That is reserved for my peers and seniors! You may not agree with authority, but there is an expectation that you will respect it (it is not the type of respect that is earned). |
|
|
|
Post by jakaswanga on Dec 18, 2014 12:30:42 GMT 3
This Law is not new! It has been in the books but have had no convictions. Remember then then PC Yusuf Haji. Yusuf Haji’s car broke down on his way to State House, Nakuru. He with all his uniform and Nyayo ‘rung’ to boot flagged down a passerby motorist for a lift. But the motorist was having none of it. So far as he was concerned, he had his own urgent errands and they did not include ferrying provincial commissioners around. As Kenya was then, the motorist belligerence landed him in police cell. He would probably have served a jail sentence if the Attorney General had not pulled out a nolle prosequi from a desk in his chambers. The case ended there. If you wish to know, it has been on our Penal Code since 1952. There have been successful convictions in the early seventies as well as the eighties under that section. But do we actually need such laws in our books? Of course not if common sense prevailed and we use what we learnt in school. No one ever called a teacher an idiot or even wrote it on on the blackboard in class even when the evidence was overwhelming that the teacher was an idiot. Neither will anyone go ahead and insult the age mate of one's father - it was something called respect. And that is why any young person who cannot call me 'uncle' will call me 'baba so and so' and never Kamalet. That is reserved for my peers and seniors! You may not agree with authority, but there is an expectation that you will respect it (it is not the type of respect that is earned). Kamalet, if common sense prevailed, n we use what goods we learnt in our goodly schools, would Njuguna still be CBK governor, after the investigative body has recommended his prosecution for graft? N akina Kimemia n Iringo after its proven they opened clone/parallel accounts to defraud billions during the power vacuum of transition? So no respect. But we call them what they are. Vermin. |
|
|
|
Post by kamalet on Dec 18, 2014 21:07:24 GMT 3
Jakaswanga
I have no issues with the matter of Njuguna. It is him and his conscience to decide whether with the charges hanging over his head he should still be in office.
At least in the case of these leaders, there is the law to take care of them and bring them to book.
Showing him disrespect only drags me down the line of two fools arguing and people not being able to tell the difference. Decorum and maturity sometimes can get our leaders to behave...
|
|
|
|
Post by OtishOtish on Dec 18, 2014 23:12:04 GMT 3
Sadik This is the section of the Penal Code Alai is charged with: 132. Undermining authority of public officer
Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years. What an interesting law. Does it mean that, for example, a civil servant who has a defiant or insolent subordinate can have that person prosecuted under the Penal Code? And I understand that this is another relic from the Colonial Masters, who wanted to keen the naive in line ... and, naturally, in those countries today citizens are quite free to insult their "leaders" to their hearts' content. |
|
|
|
Post by jakaswanga on Dec 23, 2014 23:43:32 GMT 3
Robert Alai, a bloggger, finds himself before a magistrate for a criminal action - that he wrote message which undermined the Presidency. I am well aware that the matter is before a Court, and will not comment directly on the matter before trial (prejudice) Three things stuck me: 1. the charges are definite - it is stated that Alai by his writing undermined the Presidency - not in the usually legal phrases - likely or deemed to be seen to undermine the Presidency. If the charges are so definite - cast iron type - without a shadow of doubt, is it the case that there is something in evidence which has not been make public, yet? That does not seem to be the case as it is reported the prosecution had applied that the court deny Alai bail, noting that investigations on the matter were still on going and the accused could interfere with investigations. If investigation are on-going, is bring the charges now premature? 2. the charge is framed in such a way that the Presidency is given an life of its own - not the individual who occupies it. One would assume where an individual is scandalised, it is that individual’s person which suffers not the office. The person so aggrieved can therefore resort to suing for defamation/slander, not the office. Whilst the charges are couched in the language of a ‘public officer-holder’, one wonders would another public officer-holder also get the same protection given to the person of Uluru Kenyatta? Second, considering that the Presidency is above litigation in that the President cannot be sued, why is it right for his Office to seek criminal sanction when no such sanction can be brought against the office? This follows straight to my next point - 3. as the legal casting is Alai against the office of the Presidency, where is the level playing field? Out of curiosity, with whom will the Court agree, Alai or Uhuru Kenyatta the Presidency! UNDERMINING THE PRESIDENCY! --The usual hypocrites from foreign lands weighed in, but did it have to be the president to respond!? I think the president was busy undermining himself as he responded! Uhuru! Uhuru! Priiz ngro up tall, and let the Kenyan people stand up too! I imagine, by blasting the US in this fashion your excellency means well; means to be standing up for the sovereignty of Kenya; means to be asserting independence which, incidentally, is a possible English translation of your very name, 'Yahara'. (Jamaican patois pronounciation) But, I am sorry I have to disappoint you. I insist you are making a fool of yourself and, worse, insulting the dignity of that office, undermining that seat wherein is invested the sovereignty of the holy land you lead so carelessly. Recall this is the sovereignty which made some, regardless of their grievance at the disrespect to chapter 6 (the integrity chapter) by the Uhuruto candidature, come around to rally to the flag, and blast away at the ICC as an imperialist quisling narrative, yet from an alternative research, the criminally-gained millions of the Kenyatta dynasty facilitated retaliatory mayhem –-Gikuyu xenophobia the venom! Hauling the Kenyan Sovereign before Japanese bureaucrats promoted to the court because of their nation's pay-power; Nigerian bureaucrats who talk strange English accents that never visited own hometurf Christian/Muslim horrors; Bulgarian blondes who wouldn't know where Kenya is in the geographical map of the planet; or Argentineans of good reputation but faded into the laxity of international bureaucracies and skulduggery; or African star women lawyers who made keep serving even more evil dictators, became a step too far for a budgeoning new, heady Kenyan nationalism. (An awakened nationalism you are trying to ride too selectively hard to underwrite your parochial interpretations --or those of your narrow, incestuous handlers)The office of the Kenyan sovereign, reflecting –-in ideal-- the will of the Kenyan people, is, in my opinion, beyond even the office of Son of God; sole prophet of God, or God himself for that matter. (Yes, opinions are like arsehole's, everyone is got one. But some of us really do have' em! I say!) Such a divine esteem of an office occupied by mere man, a mere mortal, fallible and incomplete creature of evolution or creation, has a very dark side. And we will take a walk to this very dark side. The holiness of an office is of course not the same as the occupant is holy! But the occupant is under obligation to strive to be holy. Failure must of course lead to a ritual disqualification. Such a ritual disqualification can, for example, be losing a free and fair election (to honestly change guard). Resignation is another possibility. And, taking a leaf from history, there are other ways I read. We will get there as we think ahead. Now that was the introduction. So why do I say: You are making a fool of yourself and, worse, insulting the dignity of that office, blasting the USA over their official reaction to the security amendments passed by our parliament December 18 2014? First, PARITY. 1. The first mild criticism from the USA was from the voice of their ambassador to Kenya. Here is the original sin. The statement was signed by AMBASSADORS! A special footnote will be necessary here (on lessons learnt from Mwai Kibaki), but for the moment, suffice is to say, some junior clerk at the ministry of foreign affairs should have summoned these 'long noses' and reprimanded them gently with sentences like, didn't catch you loud on Gitmo and Abu Ghraib, you want to come again and remind me!?It is not even worth Bi Amina responding to ambassadors. Bi Amina responds to a John Kerry Statement. –-You got that son of Jomo!? Parity! Now, the SD statement which so riled you, Muigai, was officiated by Jennifer Psaki. Yes, that Jennifer ! video.state.gov/en/video/3953205174001/daily-press-briefing-december-19-2014/s~creationDate/p~1/
13:30 starts the 1 minute on Kenya.Again footnotes later. But for now! Now Now Now! Mr. President! A bit of thick skin bwana! And second, Jen Psaki is the state department's spokesgirl, and she is one of those all American girls you should take with a wink. More cheer than sense. Again, a statement from our own version of Jen Psaki working at Bi Amina's department would have sufficed. But for a whole president of Kenya to boom at the top of his hollow phonos castigating in response to an SD brief of 30 seconds! I am flabbergasted you did not tell the handler who proposed you act strongly to go have some sex and regain his senses! You, son of Jomo, keep your powder dry. It is when Potus Obama attacks our Draconian investments in primitivity, that you will emerge to respond. When the gawkish Joe Biden opens his mouth to gaff over Kenya, it will be william Ruto to respond. Just shut up man and spend more time thinking –-if that is possible with you! What else can critical bloggers call you if not infantile, or adolescent!? –--Yawa! When presidents profess their dignity and demand respect for both their person and office, it blows their case sky high when they are the first to defecate upon themselves in public, debasing their pride. Actually defecation in public is allowed, and even encouraged in some cases. Not for adolescents though, but for infants and, of course, village vegetables! |
|
|
|
Post by kamalet on Dec 24, 2014 7:23:26 GMT 3
|
|
|
|
Post by Horth on Dec 24, 2014 9:36:38 GMT 3
Social media has been like manna to many, who use it to spread their bigotry around, thinking they're invincible. Not to be outdone, another one going under the moniker Lieutenant Wadi, who has since deleted his fb profile sorta went overboard, forgetting that the internet never forgets. His sheer stupidity lives on, as can be cleary seen here. |
|
|
|
Post by jakaswanga on Dec 24, 2014 12:31:16 GMT 3
Social media has been like manna to many, who use it to spread their bigotry around, thinking they're invincible. Not to be outdone, another one going under the moniker Lieutenant Wadi, who has since deleted his fb profile sorta went overboard, forgetting that the internet never forgets. His sheer stupidity lives on, as can be cleary seen here. Hey, have you twin 'kumbaya' cheer girls noticed this omission in the DN report? There is no quote even of a single alleged offensive message! Suppose you went to the school of journalism when the word reporter still had content. What do you call this hiatus mind? |
|
|
|
Post by Horth on Dec 24, 2014 14:18:24 GMT 3
Social media has been like manna to many, who use it to spread their bigotry around, thinking they're invincible. Not to be outdone, another one going under the moniker Lieutenant Wadi, who has since deleted his fb profile sorta went overboard, forgetting that the internet never forgets. His sheer stupidity lives on, as can be cleary seen here. Hey, have you twin 'kumbaya' cheer girls noticed this omission in the DN report? There is no quote even of a single alleged offensive message! Suppose you went to the school of journalism when the word reporter still had content. What do you call this hiatus mind? Kumbaya cheer girls? ?Syntax error Have you assumed I support the amendments? Read the link of Wadi’s postings. Given: he's found, arrested, and charged in court. Let's report. How would one, as a top graduate say from the Walter Cronkite School of Journalism & Mass Communication, quote him, taking into account the prevalent hate and distrust we have in the country? Note even OO doesn't condone the use of the F-word here. Heck, even proboards automatically censors it! |
|
|
|
Post by jakaswanga on Dec 24, 2014 19:59:39 GMT 3
FOOTNOTE 1: --WHICH IS NOT THE AFOREMENTIONED! One thing which has rarely been recognised in public, nor lyrically waxed about in public, but will be as the ''mental lebensraum' recedes and regrets mount, is the sophistication of the Kibaki years. They were relaxed and urbane, audacious and had an air of cosmopolitan vibe, regardless of the odious gluttony which led to, paraphrasing the words of the English diplomat Clay, disgusting bouts of pukes and belched excreta defacing a promising country. (yes, every beautiful front has a toilet end! And toilet ends are cloacal, even if they are people!) It helped tremendously, nevertheless, that Kibaki was a wide-brained intellectual with an aloof, detached character. He was also condescending and capable of quickly rationalising the shallow depths from which the wretched others operated. Apart from brainpower, he also was endowed with an instinctive emotional intelligence, allowing him to turn the darkest of situations in humorous palatability. This depth and deviousness of character, both at the head and heart of the then Excellency Emilio, gave the Kenyan press a run-away freedom which, for those who remembered Arap Moi, generated even more backdated contempt at the defeated narrowmindeness. There is a Mwai Kibaki anecdote I have heard tell in glee. I think it was an audience with General Kiang'a, then chief of staff. ' 'We want to fight corruption, General. Can you assure me, that if it will be zero-tolerance, you wont end up behind bars!?'' and Emilio smiled encouragingly at the star-studded hero. Kiang'a reportedly balked and pretended he had not heard the question. ''Oh, you do not speak English!? Sorry, –-Michuki, you speak this man's language to translate for him!?' And so the men in uniform recognised their inferiority before the new president. They could call him General Coward if they wished in private, but before him, their minds wilted and their tongues froze. Simpletons. And another. 'Gichangi! Raila claims the elections were rigged by me! Is it true!? Heck, I did not even vote! I was drunk from Christmas to the swearing in! Is this Luo man mad or what! Or did that d**n Meru of a Gicheru trick me into oath! –-Was there a rigging or not, speak with a true tongue!!''Gichangi reportedly looked at Michuki for help! ''Speak with a true tongue!?'' Michuki chuckled! ''Othaya village drunks do not deal in truth! –-Do they, Gichangi!? They are in power, and that is the truth!'' ''Would you die for a village drunk from Othaya in power, Gichangi!?'' –-asked Kibaki, a twinkle in his eye! Mwai Kibaki had no insecurity's which could force him personally to -PUBLICLY- DEMAND respect from the press or his peers or anybody else (Let alone manambas like Jakaswanga bribing traffic cops to let their ramshackles pass). This meant the press, and the critics in whatever media, could have a field day ridiculing and disrespecting him and his office, and he would just grin his –-'' mavi ya kuku people!'' dismissal. Every journalist knew Kibaki could not bother send a police man to arrest a journalist for calling him whatever bad –-may be the one John  he jokingly called his stupid but dependable enforcer would; but him Emilio? Naaa! what the hell, did he not reputedly break a drinking session with Njenga Karume, telling everybody he had to go lest Lucy slap him the way she did Mateeri and Ipisu! –---''Lucy scares me more than Raila scares you!'' He told his golfing buddies! And chuckled away at their discomfort! Such a man has not the time to run after bloggers and newspaper editors, like has done the digital dynamic duo Uhuru and Ruto or their handlers, who claim they must be respected –-even as Ruto behaves like a spoilt pimp in the hustler jet on one hand, and on the other, Kenyatta acts like a stealthy goat-thief in wiring cash to Switzerland for Anglo-leasing. The mental critical room Kibaki created by the broad capacities of his intellect, developed the Kenyan press into one of Africa's most robust. If one bothered to read comparative studies of dailies from Uganda, Rwanda, Gabon, Angola … Kenya was evolved into a true pressman's paradise. Even when Kimendero raided the standard –- you rattle a snake you get bitten, Kibaki reputedly just laughed at him and scolded his small mind for choosing a solution that escalated the problem. When the elections were rigged and Gicheru was swearing him in in a dingy ceremony, Kibaki had the mischievous presence of mind to stop at the word duly before elected and grin at Evans Gicheru: ' 'You sure that is the best word under the circumstances?'' he asked the sweating chief justice! ''Çommon you Othaya common village drunk, get on with it!'' the rattled John Michuki hissed! Aah, Emilio! As the intellectual lebensraum depletes and the critical horizons shrink, with the digital generation in power erecting a nauseating dungeon to contain ideas and suffocate thought, to enforce much-needed respect and discipline, I am minded to sing an ode to the unspoken positive collateral effects of your arrogance, Emilio sir. Those of us who have internalised the free flow of ideas and expression in freedom, sense the drop in winds and the change in direction. We sense the clog in minds at the top. Stupidity hits back! the revenge of the non sophisticates!Today, all the vocabulary we gotten used to in Kenyan political discourse, to use once more after the days of tiny-minded dictatorship of Arap Moi, are once more suspect. These concepts will tend to DISRESPECT the office and occupant of the presidency of the banana-headed republic! And that is high crime or treason in the Security State we became December 18/2015. Aaah, Emilio! The office, deified by the Mtukufu goat-herd Arap Moi, deconstructed by you (the decades-long underperforming economist) Kibaki, demythologised by the elephant-cabineted GCG, now moves again to profess its past authoritarian divinity! –-Respect me! Call me my Excellency Uhuru Kenyatta, or you pay me ksh. 3M! Call me Sir William the Formidable Ruto, or I will kick your teeth in and send you to Kamiti maximum prison for 3 months everytime! Call me his Highness the enthralled chief of justice, Sir Will Mutush, or I will suspend you from seeing the sun for months! Call me Herr Doktor So&So, or I will have you suspended from the promotores candidate examinations roll-call! This emotional insecurity of the apex of Jubilee, this hypersensitivity or brittleness of egos at the top, is infesting Kenya with yesterday's foul odour of ancien regimes. Uhuruto just seem to be naturally scared sissy boys whom, just by their Mama yammering looks punctuated with untidy, running noses, invite every boy in the playing field to find the bully within and go for the kill! The refrain is: '' Viongozi wenzangu wacheni siasa kando tuungane pamoja tujenge nchi hii!'' –-that simply means, it is my turn to eat, leave me eat in peace! Well, it is the duty of the opposition to interrogate the government at every turn and twist. Bipartisanship must come from the ruler. If he thinks he needs it. (But who needs bipartisanship with tyranny of numbers in his favour!?) One just needs to turn the tyranny of numbers into the tyranny of rule. If one thinks it fit. But the presidency is a hot seat, and it is for the opposition to even make it hotter, interrogating power ROBUSTLY. In the CIA cook-book of robust interrogations aka torture, whose pages were recently lifted by a congressional report, we learn they used to insert hoses into rectums and connect to a boiling kettles! Sort of. It is called anal up heat. When the water is cold, Mank and his country's defenders calls it anal rehydration. The White Christian Gringos do it literally to dark Muslims in their various torture chambers scattered around the globe. But for us it is of course a figure of speech! Analy upheating our president! --robustly interrogating power! Uncomfortable experience no doubt. |
|
|
|
Post by jakaswanga on Dec 24, 2014 20:09:26 GMT 3
Hey, have you twin 'kumbaya' cheer girls noticed this omission in the DN report? There is no quote even of a single alleged offensive message! Suppose you went to the school of journalism when the word reporter still had content. What do you call this hiatus mind? Kumbaya cheer girls? ?Syntax error Have you assumed I support the amendments? Read the link of Wadi’s postings. Given: he's found, arrested, and charged in court. Let's report. How would one, as a top graduate say from the Walter Cronkite School of Journalism & Mass Communication, quote him, taking into account the prevalent hate and distrust we have in the country? Note even OO doesn't condone the use of the F-word here. Heck, even proboards automatically censors it! Horth, I think the following line hints at a wish to have 'discipline' come upon the many who, taking it for manna, use it to spread bigotry around! The added thinking they are invincible, hints at a silent gloat, thank god they can be traced and punished! yes the lieutenant deleted his post AFTER CRITICISM FROM HIS FOLLOWERES! that looks a matter of taste, not necessarily breaking a (penal code) clause. Deplorable and explosive opinion, but still legitimate, no? so, do we censor such!? censorship for the sake of decency looks to be the question. Or, must OPINIONS deemed otrageous be CRIMINALISED? |
|
|
|
Post by b6k on Jan 1, 2015 17:55:53 GMT 3
Social media has been like manna to many, who use it to spread their bigotry around, thinking they're invincible. Not to be outdone, another one going under the moniker Lieutenant Wadi, who has since deleted his fb profile sorta went overboard, forgetting that the internet never forgets. His sheer stupidity lives on, as can be cleary seen here. ...& manna from heaven turns to fire & brimstone. Your Lieutenant Wadi has been arrested in UG: Kenyan blogger arrested over inflammatory statementsBy Simon Achola Police have arrested blogger Allan Wadi Okengo over alleged inflammatory post on his social media accounts. Wadi who was on the run,was arrested in Uganda as he applied for Uganda citizenship under the names Alan Wadi Owiji. The arrest comes barely a fortnight after another renown blogger Robert Alai was arrested and charged for allegedly undermining the presidency by publishing personal contacts of the executive. Alai is currently out on a 200,000 cash bail. The social media has in the recent past been turned into the play ground for ethnic fueled vitriol pitting Kenyans against each other. In extreme cases the tirades have been directed at the executive based on the ethnic background or political inclination. However after the enactment of the controversial security laws amendment act,the trend is likely to change as security agents tighten the noose around irresponsible social media use. In a span of less than a month two bloggers have been arrested. On Wednesday police arrested Allan Wadi Okeng’o in Uganda. Wadi was on the run after he allegedly published inflammatory statements on his social media account calling on Kenyans to rise up against what he called an IEBC president. He is to be presented in court in due course. And on to the earlier arrest of Seth Owuor going under the pseudonym Disembe d**embe and the trend is clear. Director of digital media in the presidential service and renowned blogger Dennis Itumbi says responsibility of what we say does not end because we have a social media account. Hi Itumbi further adds ”There are those who think having a social media account is running a small kingdom where they can say and do anything they want. To them we say the law will not sit back.” But many are of the opinion the government may be applying the law selectively given the way some politicians allied to the government have been accused of fanning hatred against certain tribes in the country. Itumbi disputes the claim and opines, ”There’s no selective application of the law. Hon Moses kuria is already in court facing charges of hate speech and he paid kshs 2 million bail till his case is heard and determined I do not know who has escaped the hand of law” Itumbi says the new law is not just targeting hate mongers it will aggressively target conmen on the social media using leaders names to execute their plan. ”Then there are those conning people of their sweat and cash by impersonating key leaders, to them we say your time is over,” Itumbi says. In the run up to the 2007 general election regional radio stations were accused of having played a key role in the subsequent chaos after the disputed poll , the social media had quickly taken up the platform due to lack of stringent measures to curb the vice it remains to be seen if the new law will bring sanity online. www.kbc.co.ke/kenyan-blogger-arrested-over-inflammatory-statements/Yawa! Little wonder Jukwaa is rather quiet of late. Better safe than sorry, I suppose... |
|
|
|
Post by podp on Jan 1, 2015 20:49:22 GMT 3
it sure is scary when the laws are selectively applied. www.the-star.co.ke/news/missing-icc-witnesss-kin-record-statementsonly family members stepped out to own their missing kin The Security Laws (Amendment) Bill introduced in Parliament last week portends the return of the all-powerful, unchecked executive and its intrusion into almost every facet of Kenyans’ lives. Under the guise of giving the government the tools to fight insecurity, the proposed gives government wide and unchecked discretion in defining what constitutes a threat and taking measures to mitigate against it. - See more at: www.the-star.co.ke/sections/patrick-gathara#sthash.x4nMu1Mz.dpuf |
|
|
|
Post by jakaswanga on Jan 2, 2015 19:23:42 GMT 3
The Ugandans seem to hav exradited the lieutenant without a chance to argue his case as a possible political prisoner in Kenya. And ''justice'' in Kenya has been quick and deadly. 2 years jail, pending more offences and more years! But on Jukwaa, b6k, you know we are in Pyongyang. As such we are already under a tyranical regime of censorship, and we are highly restricted in our freedoms of expression! ---Rememeber the film, the Interview? where the comical assassination of OO is portrayed? you see what has befallen the world in its aftermath? But methinks self-censorship is not enough motive to send Jukwaa languishing in stillness! Partying and over indulgence in the end year's festivities is more like it! such are good for brain deaths! www.nation.co.ke/news/Allan-Wadi-University-student-jailed-insulting-Uhuru-Kenyatta/-/1056/2576650/-/1igoa4/-/index.html A political prisoner? |
|
|
|
Post by OtishOtish on Jan 2, 2015 19:48:02 GMT 3
Amazing how Kenyan judges still think that their job is to determine guilt and mete out punishment as possible.
And arrested, taken to court, and sentenced within a couple of days, both during a major holiday period when all sorts of people and services are unavailable! Incredible.
The first issue that arises here is whether the guy had any (or adequate) legal representation. That is the first thing a judge ought to ensure---that the person is properly represented and understand his plea, guilty or not-guilty. (That is especially important where claims have been made about mental health.) Even without mental issues, people sometimes do not understand the difference between admitting they did something and admitting they committed a crime; in this case, the guy may just have thought that the basic question was whether he had written the stuff or not, which is not the same as whether he had committed the charged crimes.
The second issue is that subsequently, on a finding or a plea of guilt, there should be a proper pre-sentencing hearing (or at least the opportunity for the person, via legal representation, to make other proper submissions). That too is especially important when issues of mental health have been raised. And how anything could have been done properly within 24 hours is not clear.
Another problem with Kenya's court system is that there are no mandatory (or near-mandatory) sentencing guidelines that judges are expected to follow. Kenyan judges think that if a sentence is permitted, then they should be free to impose it, and they routinely give out the most absurd of sentences. In many properly-run judicial systems judges do not have the freedom to sentence willy-nilly because various guidelines make it hard to impose excessive sentences for relatively minor things.
This fellow's case ought to be taken up immediately, and looked into, by all Kenyans who take seriously matters of justice.
|
|
|
|
Post by b6k on Jan 3, 2015 9:48:45 GMT 3
Jakaswanga, if the Lieutenant is a political prisoner then that may only be so thanks to Moi's old adage. Siasa mbaya, maisha mbaya. Having read the comments he posted on his FB page I think he's more a victim of his own stupidity. You can't post such tripe in the public domain & not expect to get some backlash. Unfortunately for him, he doesn't seem to "know people" & therefore has little if any backup to shield him from facing the full force of the law. Unless he can prove someone stole his password and hacked his account, he's in line for a crash course on how to make number plates for our cars or seats for parliamentarians...
|
|
he jokingly called his stupid but dependable enforcer would; but him Emilio? Naaa! what the hell, did he not reputedly break a drinking session with Njenga Karume, telling everybody he had to go lest Lucy slap him the way she did Mateeri and Ipisu! –---''Lucy scares me more than Raila scares you!'' He told his golfing buddies! And chuckled away at their discomfort!