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Post by OtishOtish on Jan 3, 2015 4:10:51 GMT 3
Were it not for the fact that this will probably destroy the future of this young man, the entire process should be regarded as a sequence of jokes---speedy, sickening comedy. Hardly surprising in a place where a hungry person will get locked up for years for nothing more than the theft of a chicken. But the implications of this sample of North-Korean "justice" go quite far, and people ought to reflect carefully on that.
More needs to be known: was he allowed to contact anybody between the time of his arrest and appearance in court? what was the nature of his legal representation? did he understand the difference between admitting acts vs. crimes? what is the exact basis of the sentence? etc.
Kamale, Mwalimkuu: I'd rather you didn't comment. This is actually quite serious.
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Post by mank on Jan 3, 2015 7:45:13 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them?
There are those who feel that a Kenyan who misrepresents a president on a blog asks for whatever may befall him/her. Others feel that president, or even God, can be subject of misrepresentation in many contexts, especially in humor, under freedom of expression.
In US, a country from which Kenya seems to have borrowed much of the current constitution, has an extremely generous freedom of expression. Bloggers in the US make all kinds of allegations about their leaders, including even presenting their presidents in derogatory photo-shopped images and all kinds of ungodly characterizations, and no one is ever prosecuted. I have seen very insulting images depicting Obama, and never heard of a mere reprimand of an author. It is important therefore that Kenya makes it very clear what the constitutional freedom of expression entails in the context of these prosecutions, or whether Wadi's crime is of some other nature. Presently the prosecution and sentence casts a big dark shadow over constitutional achievement we thought we had.
I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public?
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Post by Horth on Jan 3, 2015 11:34:56 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? There are those who feel that a Kenyan who misrepresents a president on a blog asks for whatever may befall him/her. Others feel that president, or even God, can be subject of misrepresentation in many contexts, especially in humor, under freedom of expression. In US, a country from which Kenya seems to have borrowed much of the current constitution, has an extremely generous freedom of expression. Bloggers in the US make all kinds of allegations about their leaders, including even presenting their presidents in derogatory photo-shopped images and all kinds of ungodly characterizations, and no one is ever prosecuted. I have seen very insulting images depicting Obama, and never heard of a mere reprimand of an author. It is important therefore that Kenya makes it very clear what the constitutional freedom of expression entails in the context of these prosecutions, or whether Wadi's crime is of some other nature. Presently the prosecution and sentence casts a big dark shadow over constitutional achievement we thought we had. I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Umm, wrong. Man Jailed After Threatening President Obama on TwitterGets even more interesting: The Secret Service Wants You to Report Troubling TweetsBrave New World. We already know that radio and television can be a very powerful weapon (In Rwanda, Radio des Mille Collines presented their honest opinion) and now the world has made it extremely easy for anyone to use social media however they see fit, including the downright dangerous cranks and their followers.
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Post by kamalet on Jan 3, 2015 20:09:06 GMT 3
Otishotish
Sorry you are doing exactly what you are complaining about....denying Mwalimu and I our freedom of speech!!!
The law upon which this rather educated character is charged sits in our law books. Secondly it is only in capital offences that a magistrate/judge is required to caution a suspect on the consequences of a guilty plea. We are not talking about a shamba boy with standard 8 education making the comments and not knowing about legal representation and consequences of a guilty plea. We are talking about a 4th year student at Moi University. He knew the consequences of the guilty plea and even asked to personally apologise to Uhuru to avoid the sentence.
There were two charges laid against him but everyone seems to think the charge is just about calling Uhuru a Bhangi smoker. In fact for this crime the guy was given the option of a fine. The second charge which I think is even more serious than this Uhuru name calling charge is under the National Cohesion law where the student boldly asked for Kikuyus to be deported from all other parts of Kenya to central province. What do you call this and is allowing the stupid fella justice to walk about freely what we want to promote in this country?? The guy certainly cannot afford his fine so he is doomed to serve the one year sentence which will run concurrently with the other charge on hate speech. You may feel sorry about his life going to waste, but he laid the bed, he must sleep in it!
What you and you ilk seem to forget is that the fellow was arrested in Uganda on the run when he realised he was wanted. He was given a psychiatric evaluation prior to being arraigned in court and he was passed fit to stand trial...I am struggling to see the joke!
What some of those complaining seem to fail to realise that taking the legal route as was done by the government is the more mature way than the mob justice that is aligned to ODM. You cannot insult the party leader and hope to get away with it as the MIB will be unleashed. We have seen the behaviour of the characters in Homabay and suggesting that throwing stones and beating up people is a better form of justice than what was done to this stupid fellow is just hollow!
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Post by Daktari wa makazi on Jan 3, 2015 20:40:00 GMT 3
Otishotish Sorry you are doing exactly what you are complaining about....denying Mwalimu and I our freedom of speech!!! The law upon which this rather educated character is charged sits in our law books. Secondly it is only in capital offences that a magistrate/judge is required to caution a suspect on the consequences of a guilty plea. We are not talking about a shamba boy with standard 8 education making the comments and not knowing about legal representation and consequences of a guilty plea. We are talking about a 4th year student at Moi University. He knew the consequences of the guilty plea and even asked to personally apologise to Uhuru to avoid the sentence. There were two charges laid against him but everyone seems to think the charge is just about calling Uhuru a Bhangi smoker. In fact for this crime the guy was given the option of a fine. The second charge which I think is even more serious than this Uhuru name calling charge is under the National Cohesion law where the student boldly asked for Kikuyus to be deported from all other parts of Kenya to central province. What do you call this and is allowing the stupid fella justice to walk about freely what we want to promote in this country?? The guy certainly cannot afford his fine so he is doomed to serve the one year sentence which will run concurrently with the other charge on hate speech. You may feel sorry about his life going to waste, but he laid the bed, he must sleep in it! What you and you ilk seem to forget is that the fellow was arrested in Uganda on the run when he realised he was wanted. He was given a psychiatric evaluation prior to being arraigned in court and he was passed fit to stand trial...I am struggling to see the joke! What some of those complaining seem to fail to realise that taking the legal route as was done by the government is the more mature way than the mob justice that is aligned to ODM. You cannot insult the party leader and hope to get away with it as the MIB will be unleashed. We have seen the behaviour of the characters in Homabay and suggesting that throwing stones and beating up people is a better form of justice than what was done to this stupid fellow is just hollow! Kamalet You exhibit stupidity in this board every time you write to support your tribesman Uhuru. For your information, Alan Wadi is a citizen of Kenya who has registered grievance against his government, an action he is democratically entitled to whatever way he choices to do so. Having raises his grievances, he is then arrested in Uganda for, it is said, attempting to gain that country’s registration papers. It seems he is not charged in Uganda for that crime, but is speedily transferred to Nairobi for an alleged crime of insulting Uhuru. There has been no extradition process put in place before he is whisked to Nairobi and arraigned before a magistrate who happens to be a Kikuyu, Anne Wanguru. The magistrate then sentences him to two years, hard labour. This is clearly selective prosecution before a bias magistrate. He could have been charged before a magistrate in Busia - the border town through which he was brought back to Kenya. Why did that not happen? I suggest Alan Wadi was only arraigned before a Nairobi Court as it was only there that a Kikuyu magistrate could be found and the magistrate in Nairobi was to seek a favourable magistrate to do the job. Second, while Alai got bail and was allowed to go home to wait for his trial on the same charges, Alan Wadi is tried while in custody at Kamiti without an option of bail. This is persecution of non-Kikuyu Kenyan by strong arm of a Kikuyu government led by Uhuru, the son of a Kikuyu thief who died in a toilet. The irony is that while Uhuru and his police are busy running after those they accuse of insulting them chasing them to Uganda, real criminals are busy in crimes having lately stolen valuable documents at the Land Ministry apparently with no hindrance. I bet those documents will be used to steal national land. Equally, I bet the stolen land will end up in possession of the likes of Kamale making him more a millionaire, thanks to Kikuyu President Uhuru.
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Post by mank on Jan 3, 2015 21:00:26 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? There are those who feel that a Kenyan who misrepresents a president on a blog asks for whatever may befall him/her. Others feel that president, or even God, can be subject of misrepresentation in many contexts, especially in humor, under freedom of expression. In US, a country from which Kenya seems to have borrowed much of the current constitution, has an extremely generous freedom of expression. Bloggers in the US make all kinds of allegations about their leaders, including even presenting their presidents in derogatory photo-shopped images and all kinds of ungodly characterizations, and no one is ever prosecuted. I have seen very insulting images depicting Obama, and never heard of a mere reprimand of an author. It is important therefore that Kenya makes it very clear what the constitutional freedom of expression entails in the context of these prosecutions, or whether Wadi's crime is of some other nature. Presently the prosecution and sentence casts a big dark shadow over constitutional achievement we thought we had. I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Umm, wrong. Man Jailed After Threatening President Obama on TwitterGets even more interesting: The Secret Service Wants You to Report Troubling TweetsBrave New World. We already know that radio and television can be a very powerful weapon (In Rwanda, Radio des Mille Collines presented their honest opinion) and now the world has made it extremely easy for anyone to use social media however they see fit, including the downright dangerous cranks and their followers. Horth, To threaten someone is not the same as to reproach someone. So "Man Jailed After Threatening President Obama on Twitter" does not counter what I said about the opinion space enjoyed by Americans confronting their leadership. Or are you saying that the charge included threatening the president? Just Google around and you will see all forms of maligning narratives of the sitting president - he's not just been called names, but also been misrepresented pictorially. Even his family has been insulted. I have not heard that anyone is prosecuted for these unbecoming presentations. I agree with what you say about the power of radio. But it is not clear to me that such is the crime under discussion hear - and the lack of clarity of the crime is what I find troubling because under such ambiguous sense of criminal conduct it is quite possible for people to be persecuted just for ideological objection.
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Post by OtishOtish on Jan 3, 2015 21:10:28 GMT 3
Otishotish Sorry you are doing exactly what you are complaining about....denying Mwalimu and I our freedom of speech!!! The law upon which this rather educated character is charged sits in our law books. Secondly it is only in capital offences that a magistrate/judge is required to caution a suspect on the consequences of a guilty plea. We are not talking about a shamba boy with standard 8 education making the comments and not knowing about legal representation and consequences of a guilty plea. We are talking about a 4th year student at Moi University. He knew the consequences of the guilty plea and even asked to personally apologise to Uhuru to avoid the sentence!
Kamale:
Freedom-of-speech does not mean that you are entitled to say anything, anywhere. It largely deals with the "anything" and the anywhere can always be restricted (e.g. the owner of some forum or of a serious thread on a forum, etc.).
Regarding his education and so on:
First, there are many better-educated and accomplished people who have problems understanding many laws; that is why legal representation is important.
Second, one must consider the effect on stress on how the mind worked: the manner in which he was speeded through the justice system cannot have given him much time to de-stress and reasonably consider his options; again legal representation is an issue.
Third, he was arrested on 31 Dec, the 1st was a holiday, and he was tried and sentenced on the 2nd. Did he have the time to contact "outside" people and seek legal assistance? Since you seem to know a great deal about the case, can you help us on this point of his access to legal representation, beyond merely saying that he knows he is entitled to it ... everyone knows they are).
Fourth, was he in any way "softened" in Uganda or in Kenya prior to this speedy circus?
Would you please give us some more information on this one? Date, time, how long, by whom, etc. I'm also keen to relate it to what the relevant law says on such matters. ODM, MIB, ... are all very interesting, and I can see how it would be difficult for some to avoid dragging them into anything. But what exactly do they have to do with the matter at hand?
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Post by mank on Jan 3, 2015 21:11:13 GMT 3
.... The second charge which I think is even more serious than this Uhuru name calling charge is under the National Cohesion law where the student boldly asked for Kikuyus to be deported from all other parts of Kenya to central province. ... If this was part of the charge then we are just we being overworked by sensational media. So was it? If it was, shouldn't that be the more significant portrayal of the case as opposed to undermining the presidency? What does undermining the presidency mean in this case?
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Post by podp on Jan 3, 2015 21:25:55 GMT 3
Otishotish Sorry you are doing exactly what you are complaining about....denying Mwalimu and I our freedom of speech!!! There were two charges laid against him but everyone seems to think the charge is just about calling Uhuru a Bhangi smoker. In fact for this crime the guy was given the option of a fine. The second charge which I think is even more serious than this Uhuru name calling charge is under the National Cohesion law where the student boldly asked for Kikuyus to be deported from all other parts of Kenya to central province. What do you call this and is allowing the stupid fella justice to walk about freely what we want to promote in this country?? The guy certainly cannot afford his fine so he is doomed to serve the one year sentence which will run concurrently with the other charge on hate speech. You may feel sorry about his life going to waste, but he laid the bed, he must sleep in it! What you and you ilk seem to forget is that the fellow was arrested in Uganda on the run when he realised he was wanted. He was given a psychiatric evaluation prior to being arraigned in court and he was passed fit to stand trial... I am struggling to see the joke!Senior state counsel Daniel Karuri said detectives from CID headquar- ters arrested Okengo on December 31, 2014 in Busia county on his way to Uganda. Karuri said Okengo committed the offence on December 18. He is accused of a message, “For the security to be tight Kikuyus from other regions need to be deported to Central region To fight terrorism, Kikuyus must be deported to Central for Kenyans to enjoy their freedom, Kikuyus must be deported to their central region”. The prosecution said the posting was intended to stir up ethnic hatred between Kenyan communities on the one hand and the Kikuyu community on the other. Okengo is also accused of posting the defamatory words, “The way that silly bill proposed by silly” president’ was passed by silly jubilee skunks and assented by the same silly ‘president’ was wanting’ the speed and temerity of the process shows how the bhang’president’ is desperate. Okengo pleaded for leniency, saying he was mentally disturbed when he committed the offense. Kaguru said the offence is serious and deserves harsh punishment to discourage others from committing similar offences. She ordered Okengo to pay Sh200,000 fine or serve one year in jail for the first count, and serve one year without the option of fine for the second count. - See more at: www.the-star.co.ke/news/university-student-gets-two-years-jail-insulting-president-uhuru-facebook-0#sthash.Pq1XpYeo.dpufHis plea was not factored when he was he was being sentenced after pleading guilty to two charges of hate speech and demeaning authority of a public officer, contrary to Section 132 of the Penal Code. In her ruling, Ms Kaguru said , “the offence is serious and a deterrent penalty is called for to serve as a warning to others abusing the social media forums.” She proceeded to pronounce the sentence after saying that “he was convicted on his own plea of guilty.” .... Wadi was accused of posting the two offensive messages when National Assembly passed the Security Laws (Amendment) Act No 19 of 2014 on December 18 and the following day when President Kenyatta signed the Bill to become law last year. The first indictment was that he posted a hate speech message intended to stir up ethnic hatred between various Kenyan communities on the other by alleging a particular tribe should be deported to their home county. www.nation.co.ke/news/Allan-Wadi-University-student-jailed-insulting-Uhuru-Kenyatta/-/1056/2576650/-/1igoa4/-/index.htmlfrom daily papers the cohesion issue is bailable by paying the fine while the office issue has no fine option. Ethnic cohesion cant be nurtured through jailing of people. Nor can anyone jail people into respecting him. You earn respect through good deeds. If you must jail people to be respected, you have a personal problem. Sort it. www.facebook.com/NTVKenya/photos/a.80240814057.71846.51790559057/10152277379689058/?type=1&theaterso that makes reading Thus the so-called war on terror revolves around the familiar tropes of criminalising entire communities and violation of civil liberties that have previously failed to stop attacks. Instead of rethinking its strategy and adopting new, effective and comprehensive tactics to tackle the security meltdown that terrorists have been taking advantage of, the government has continued to bang our collective heads against a brick wall. It has even sought to give its failing methods the force of law through the recently passed Security Laws Amendment Act. .... Therefore, as we ring in the New Year, I continue to hope that as a society, we will begin to demand better. That we will tire of the mediocrity and mendacity that has become a mainstay of the government’s policy pronouncements and insist on well thought out and well-articulated strategies that actually address our real problems. For example, that we finally decide to address the many weaknesses with the electoral system that were revealed by the last election cycle, keeping in mind that bungled elections have proven to be the greatest threat to our national security. - See more at: www.the-star.co.ke/news/2015-we-should-say-enough-government-mediocre-policies#sthash.wckLrVT3.dpufuseful and the terrible thing is polarization of our communities continues. Indications that Jubilee has realised it may have overreached were expressed by Deputy President William Ruto who quickly cautioned the opposition against public demonstrations opposing the Security law. So it’s likely exactly what will happen. Prolific veteran journalist, Mohammed Warsama, has pointed out to me that in our tribalised polity and the sharp polarisation that’s been evident since the elections last year, Jubilee doesn’t have the machinery to implement an authoritarian regime of laws of the type they are dreaming about. They’ll crack heads but also find they’ll be pushing buttons and nothing happens on the other side. He reminded me of the (apparently lack of impact of) anti-terror legislation that was passed in late 2012. Muslim leaders opposed it publicly and making articulate arguments about how its collateral damage will worsen the situation vis-à-vis terror and extremism rather than actually deal with it pragmatically. The question is what consequences will follow the regime’s use – or attempt to use – the big stick of this new law. ..... Corruption has so infected the key institutions necessary to fight terror that they seem paralysed beyond repair. Rather than deal with this, the state seems to be resorting to other means – such as extrajudicial killings meant to terrify Kenyans supposedly into not supporting al Shabaab, if a recent documentary aired on a respected international media station is to be believed; and passing laws aimed at limiting freedoms so that bad news remains buried. To some observers evidence that the new law had kicked was manifested over the Christmas break when it took a report in the Belgian press to inform Kenyans that one Dimitri Van Hamme had been shot to death in Kisauni, Mombasa. The regime is acting as if it has no legitimate arrows in its quiver as it goes into this fight. Al Shabaab has won the first round by getting the Security Laws (Amendment) Act passed. - See more at: www.the-star.co.ke/news/kenyas-security-bill-round-one-al-shabaab#sthash.sc1pwryE.dpufso the monied like Hon Curia can pay out for similar charges but rather than reach there they do the 70s acts of paying courts not to proceed with their cases which would be prosecuted under the same law. when the Chapter on Integrity was done it aimed at our leaders. so too are the current laws. however even in last government Hon Chirau M managed to get a pardon for committing offenses as those that got the young man in. yet the young man was more of a double rouser than a serious threat when compared to the Curias and Chiraus of this world. the beauty with now we have the Constitution explaining the roles of the executive = PORK's power divided also in 47 counties: devolution, freedom of speech, accountability demand and the Bill of Rights point to what this fb person writes I wouldn’t be expected to call Uhuru a dictator as I must not suffer a similar fate to that of Wadi. I wouldn’t also call him a good man, since I’m not sure whether that part is really true. But since the president “demands” that I should respect him, I’m not sure whether what I have is respect, fear, or loathe. In psychology however, my president may be classified as a dictator, since dictators are typically paranoid, narcissistic, petty and sadistic. While saying the president is “afraid” cannot be interpreted as an insult, someone already thinks I’m going too far. And, since I really have limited freedom of expression, I would rather be wise and pretend to advice the president lest this be dubbed hate-speech. Mr. President, when we're afraid, we lose all sense of analysis and reflection. Our fear paralyzes us. Besides, fear has always been the driving force behind all dictators' repression. So, why not just believe you are the president and act like one. You can start by kicking those sycophants who spread hate and make a fortune from your fears. www.facebook.com/robin.okuthe?fref=nfand it is such expressions that sound 'like a joke'. a terrible nightmare returning in slow motion. in 1986 to 1989 there used to be a magistrate Chunga who eventually become the last Chief Justice, during Mo1 days, people used to be brought to court late hours and sentenced in less than an hour. during Mo1 days even having a beer in a bar one wanted to talk in hushed tones afraid of those near or within ear shot. worse still was the opaqueness of how people like student leader Adungosi died while in jail like S. African Steve Biko a bad time returning in slow motion is a sadistic joke on us
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Post by Horth on Jan 3, 2015 23:28:39 GMT 3
Horth, To threaten someone is not the same as to reproach someone. So "Man Jailed After Threatening President Obama on Twitter" does not counter what I said about the opinion space enjoyed by Americans confronting their leadership. Or are you saying that the charge included threatening the president? Just Google around and you will see all forms of maligning narratives of the sitting president - he's not just been called names, but also been misrepresented pictorially. Even his family has been insulted. I have not heard that anyone is prosecuted for these unbecoming presentations. I agree with what you say about the power of radio. But it is not clear to me that such is the crime under discussion hear - and the lack of clarity of the crime is what I find troubling because under such ambiguous sense of criminal conduct it is quite possible for people to be persecuted just for ideological objection. Mank, As Kenyans are wont to, people, depending on which tribe they are from, seem to be choosing what they perceive was the posting that got Wadi in trouble. Our journalists aren't helping much either. For an example of very shoddy reporting, The Daily Nation quotes his calling Uhuru "silly" as the main reason the judge threw the book at him. Please look at the screenshot here: news-kenya.com/2014/12/blogger-says-that-president-uhuru-kenyatta-should-be-lieutenant-wadi-allan/Note the first post from Wadi on that page. I believe that is exactly what got him in trouble, just like the yank in the US who threatened to do the same to Obama. I agree and know that there are hundreds if not thousands of online jokes, insults etc. against Obama and his family (check out youtube for proof that Michelle is a man ). These are all ignored and rightly so. Keeps the cranks busy and happy, don't it? The difference as I see it comes when one posts something specifically threatening bodily harm, like Wadi did. That's when the law should and must kick in, which it does do even when kids are the authors (bullying etc.) or other cases. As you might know, conmen here in Nairobi often send threatening sms's to people, pretending they've been paid to off them and promising to back off in exchange of a few shekels. Same thing, with police being informed and files being opened (let's not talk about what happens after when the police get "hungry"). Of course, as Otishotish is vehemently screaming about, the "judicial process" Wadi underwent kind of blows big time. I imagine how far we would be if corruption cases against the big shots were handled with the same zeal.
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Post by jakaswanga on Jan 4, 2015 1:02:31 GMT 3
I imagine how far we would be if corruption cases against the big shots were handled with the same zeal.
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Post by jakaswanga on Jan 4, 2015 1:10:15 GMT 3
And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Mank, I too wish the learned friends on the board would avail us the full transcript of the verdict, and the charge as it was read, specifying the violated penal clause.
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Post by mank on Jan 4, 2015 2:30:37 GMT 3
Oh my! We were forewarned by the self-proclaimed professor of politics that we were not ready for the freedom we sought. And what's the crime exactly? I am confused because the same law alleged to have been broken affords people freedom of expression. What are the limits of that freedom, and how did Wadi exceed them? I read from the other thread that the charge is one of "UNDERMINING THE PRESIDENCY". How? Now that the case is over, are the details public? Mank, I too wish the learned friends on the board would avail us the full transcript of the verdict, and the charge as it was read, specifying the violated penal clause. Amigo, this should be a teaching moment but it is being wasted. I would like to see new headlines like .... "Kenyan blogger jailed for threatening the president and the kikuyu".
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Post by OtishOtish on Jan 4, 2015 4:09:39 GMT 3
I'm not sure that's necessarily a good example. Wadi, as far as I can tell, did not threaten to kill Uhuru. On the other hand, that American fellow did actually threaten to kill Obama and had some specific things to say about how the US Secret Service should be worried when the got the scope of his assault-rifle lined up for the deed. As far as I can tell: Threatening to kill the president of the USA will probably get you into trouble. Merely suggesting that he should be killed appears to be a different matter; after all, you might have "good reasons" for your viewpoint. People have claimed that Obama should be killed for treason, had polls asking whether Obama should be killed, and so on, and so forth; and those people are getting on with their lives and happily enjoying the American Dream. Some samples: "Garrow: Obama Deserves To Be Killed For Treason"www.rightwingwatch.org/content/garrow-obama-deserves-be-killed-treason"... on Facebook that President Obama and his 'monkey children' should be killed."www.dailymail.co.uk/news/article-2076915/Jules-Manson-probed-Secret-Service-Obama-killed-Facebook-rant.htmlAnyways .... I'm keen to see what the fellow was charged with and the basis for the charge. Was he charged under the absurd colonial law that wazungus used to control the natives? The one about insolence and rudeness and undermining and whatever ... of the mzungu District Officer or School-Headmaster or whomever? I think that even under that law---which today's Black Wazungu are using to control the Twice-Liberated, Now-Digital Natives---it could be argued that the basic idea that His Excellency should be dispatched is not against the law. (That is partly why I am interested to know if the man had any legal representation.)
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Post by Horth on Jan 4, 2015 10:37:34 GMT 3
I'm keen to see what the fellow was charged with and the basis for the charge. Was he charged under the absurd colonial law that wazungus used to control the natives? The one about insolence and rudeness and undermining and whatever ... of the mzungu District Officer or School-Headmaster or whomever? I think that even under that law---which today's Black Wazungu are using to control the Twice-Liberated, Now-Digital Natives---it could be argued that the basic idea that His Excellency should be dispatched is not against the law. (That is partly why I am interested to know if the man had any legal representation.) Correct but unfortunately a moot point. Consider this; almost all Kenyan military bases are staggered in a circle around Nairobi. Therein lies your answer, about the speed of the judicial process concerning Wadi and the thick syrupy flow when one of the big kahunas is charged, if at all, with anything. Forget the constitution and whatever legal blah-blah was disregarded etc. 51 years of reality shows us differently, about how the system is set up. Sad. Curiously, neither the opposition nor the civil society seem too bothered about this blatant disregard of an accused individual's rights. An eyeopener?
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Post by jakaswanga on Jan 4, 2015 11:22:48 GMT 3
A HISTORICAL PERSPECTIVE ON THE LIEUTENANT'S HATE SPEECH. In one posting on his billboard, Lieutenant Wadi advocated the mass deportation of Kikuyus back to Central, saying this would be the best way to achieve security and fight terrorism else where!?- See more at: www.the-star.co.ke/news/university-student-gets-two-years-jail-insulting-president-uhuru-facebook-0#sthash.R9FoeDNy.dpufFor people like me who believe in a UNITARY Kenya in one form or another, the above thinking will be condemned seriously; and I do. But I happen to know this UNITARY ideal, this all-inclusive Kenyan nationalism I love to propagate, is just one of the many competing historical options. There are alternatives thinkable with equal ease for other Kenyans who, in deed, have not shied from debating them in private. Things like total SEPARATISM -- narrow 'bantustan' or balkanisation stuff in the dismissive vocabulary of my ilk-- are in the air. And the incendiary oil and more marginalisation of some aboriginal groups is on the way -- read WANYEE!NB: Devolution or Majimboism, is actually a middle way between a CENTRALISED Kenyan state, and the BALKANISED option. (The Balkanised option would mean every ethnic group their homeland in their ancestral reserve with their silly flag! And with many counties geographically synchronous with ethnicity, swathes of the country are already mini, ethnically homogeneous states! The government employees are expatriate workers or colonial overlords, and, I think, everybody understands there are ''quotas'' in place in local vacancies advertised by the county governments! A local focus which can of course evolve into even a deeper local focus!) In the arguments touching on the possible political solutions to the rising, frustrated Ethnic consciousness's across Africa -- (hitherto underrated nationalisms growing ever more belligerent in the failed African states)---, those of us for the UNITARY option have found themselves pushed to explain why they INSIST on the sanctity of the COLONIAL borders made in Berlin. In Berlin, Africa was infamously sliced up like a cake and shared between White Powers; and to date, cohesive nation building has proved a mirage and, barring a few golden examples like Tanzania, most other (rising ?) African countries are an uncomfortable fit. Personally I have never argued the sanctity of the Berlin borders (like the earlier OAU chapter on territorial sovereignty, now adopted by the AU, does). On the contrary, I believe they must crumble under the twin pressures of 1. logical and unavoidable economic developments due to the economics of scale -EAC, COMESA, SADDEC, ECOWAS 2. logical politico-cultural developments as related ethnic groups loosely conglomerate -GEMA, KAMATUSA, SUNNI-SHIITE
. (and Nigeria has some interesting associations) Once economics dictates free travel throughout regions, the logical and historical trade routes will override the artificial constructs which have already proven disastrous. As Lagosians like to boast already, having detached herself from Abuja-based oil-fired political and financial corruption, dynamic Lagos has become the financial capital of the other West Africa from all the way to Bamako. And lower down, the slums of Lagos are increasingly inhabited by people from neighbouring countries. Lagos is an old capital of the coast, and Nigeria only came yesterday. As Nigeria rots away, Lagos goes on with the dynamics of her historical role. Nigeria, Africa's biggest, can collapse, Lagos cannot. So, as intelligent as Lieutenant Wadi is -and he has been a student of political science too, what forces so infested his mind that he exhibits this anti-Gikuyu sentiment?NB: The other insults at the person of Uhuru look to me insignificant and, if to be punished and deterred, there would be no conversations in Kenya called ''bar-talk''. That is a sickening totalitarian state no longer feasible in Kenya. (I read some fellows who researched this subject with papers like: frankly speaking, Kenyans in their ethnic cocoons talk about the other!'' -I learnt we Kenyans in our mother tongues rarely ever refer to members of an opposing ethnic group with their official names, ooyo da, in the safety of our own short-waves we indulge choice epithets whose imports are not very far from the curl in a Hutu supremacist's lip, pronouncing the word ''inyenzi'' to mean Tutsi! And once upon a time, candidate Uhuru Kenyatta himself was caught on camera hissing the Kir-hii word. Everybody read the reptilian hiss in his vocals. Otherwise the word is technically very innocent. A Mluo married to a Kikuyu told me his wife uses the K-word on him when she really is in the mood for a rambunctious invasion, you know, like white women are advised in the USA to, when they are royally melting-oiled, try coaxing their black lovers into a riot with -'shut up niggah, convince me you aint lazy!'')Does it work? Oh, I will ask patriotism101. With such a handle he should know. So, if I ask what forces infest the intelligent mind of the lieutenant to precipitate this gikuyu-phobia, it is not like HE IS UNIQUE! Heck, it is precisely because we Kenyans know ourselves so well, that we seek to ban such expressions! We fear they are widely entertained, they are a cultural common sense, daily bread imparted ritually in bar-talk and re-enforced within various pernicious social codes; and we know it requires very little to have them expressed in action! In other words, the ease with which the PEV of 2008 turned ethnic cleansing betrays an already existent, decisive level of hate. We know our demons! And we do not want them stirred. We do not want to poke this monster in our hearts into awakeness! May be we feel it is already awake, just waiting to pounce. And we fear its might! -rightly so I think. But is this harsh punishment the way to deal with the [confused] separatist sentiment? Or, largely said, is the banning gof the MRC (Mombasa Republican Council) a solution to the Pwani si Kenya sentiment!? (wabara waende zao, some say! It hints at possible mass expulsion methinks!) Was it silly of the president to sign the controversial bill so quickly? I think this case can be made with ease, seeing that an injunction has been successful in court on 8/47 accounts. I assume the Judge knows his law and matched his legal reasoning. Of course AG Githu will launch an appeal, but it still means the President was rush in action, which is not prudent. At the level of the titular His Excellency, that is silly of him. He failed the test of being political astitute too. I think the office demands that. Kenya not being his mpango wa kando!? That is hilarious and I will let pass. Man gotta have a sense of humour. B6k, holding in mind Gikuyu = Kikuyu, I said Waguru and Kuguru are a ''near phonological twin''! Do you not think that plausible? You know, like: we want elections, not selections as chanted in HomaBay! (it is easy for ODM people like me to confuse a selection for an election I mean!)
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Post by b6k on Jan 4, 2015 12:05:52 GMT 3
Jakaswanga, wrong thread. Check what you said about judge (sic) Anna Wainguru in the Security Amendment Laws thread...
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Post by Daktari wa makazi on Jan 4, 2015 12:32:11 GMT 3
Jakaswanga
I see you noted my mistake in naming the magistrate; she is of course Ann Kaguru, not Wanguru. I am not sure if it was b6K who brought that out, I stand corrected.
As this was trial before a resident magistrate, her judgment would not be available for public in Kenyalaw.org as a magistrate court is not considered as a court of record. Judgments from higher courts which set precedent are usually published as they are courts of records.
According to the papers, the charges Alan Wadi Okengo faced are:
1. He is accused of a message, “For the security to be tight Kikuyus from other regions need to be deported to Central region to fight terrorism, Kikuyus must be deported to Central for Kenyans to enjoy their freedom, Kikuyus must be deported to their central region”. The prosecution said the posting was intended to stir up ethnic hatred between Kenyan communities on the one hand and the Kikuyu community on the other.
2. He is also accused of posting the defamatory words, “The way that silly bill proposed by silly” president’ was passed by silly jubilee skunks and assented by the same silly ‘president’ was wanting’ the speed and temerity of the process shows how the ‘bhang president’ is desperate.
The first charge is based on the National Cohesion and Integration Act [NCIA]2008,
Section 13 13. Hate speech (1) A person who— (a) uses threatening, abusive or insulting words or behaviour, or displays any written material; (b) publishes or distributes written material; ... (2) Any person who commits an offence under this section shall be liable to a fine not exceeding one million shillings or to imprisonment for a term not exceeding three years or to both. (3) In this section, “ethnic hatred” means hatred against a group of persons defined by reference to colour, race, nationality(including citizenship) or ethnic or national origins.
The second charge is based on section 132 of the Penal Code.
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.
In my view, the words used by Alan Wadi Okengo in the first charge does not reach the threshold used by the NCIA 2008. He did not threaten, abuse or insult the kikuyus by telling them to go back to from where they originate, or else... The test here is an objective one. If an ordinary person is told to go back where they came from, would they feel threaten, abused, or insulted? I doubt it. My community and I would not have any issues when told to go back home. We would cry foul if told to go back home with a gun barrel held over our head when given ultimatum and later our heads smashed open. As it seems to originate from bar-talks, the accusation that words used by Alan Wadi Okengo could stir up ethic hatred is without any merit. Alan Wadi Okengo did not commit hate speech because he did not use threatening, abusive or insulting words against the Kikuyus.
The second charge is equally not proven. The section of penal code requires that the words used to calculate to bring into contempt, or to excite defiance of or disobedience. The test here is subjective. That is significant because the section seems to be based on consequence. If the words used led to civil unrest or mutiny, then it could be said the charge is rightly brought. Reading what Alan wrote, it seems to me he was merely expressed his opinion, maybe in bar0-talk way, which may be right or wrong on the person of Uhuru. As there was no consequence following his observation to warrant the attention of the national govt, I don’t think he ought to be punished so severely. When sentencing, the Court must taking in consideration the cumulative effect, and in this case this guy will literally have his life in a mess after it, that will not surely rehabilitate him.
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Post by abdulmote on Jan 4, 2015 14:36:37 GMT 3
Sadik,
That was a good attempt at playing the devil's advocate. Wadi should have been tried by a court helped by a jury panel. To subject any individual to such a sensitive judicial interpretation is in my opinion unjust. But all said and done, I can appreciate what Otish is trying to point out; to deprive adequate legal representation to anybody who is facing criminal prosecution, is to deprive such a person of a fundamental judicially balancing right. But of course not in Kenya!
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Post by abdulmote on Jan 4, 2015 14:37:11 GMT 3
Sadik,
That was a good attempt at playing the devil's advocate. Wadi should have been tried by a court helped by a jury panel. To subject any individual to such a sensitive judicial interpretation is in my opinion unjust.
But all said and done, I can appreciate what Otish is trying to point out; to deprive adequate legal representation to anybody who is facing criminal prosecution, is to deprive such a person of a fundamental judicially balancing right. But of course not in Kenya!
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Post by abdulmote on Jan 4, 2015 14:37:38 GMT 3
Sadik,
That was a good attempt at playing the devil's advocate. Wadi should have been tried by a court helped by a jury panel. To subject any individual to such a sensitive judicial interpretation is in my opinion unjust.
But all said and done, I can appreciate what Otish is trying to point out; to deprive adequate legal representation to anybody who is facing criminal prosecution, is to deprive such a person of a fundamental judicially balancing right. But of course not in Kenya!
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Post by jakaswanga on Jan 4, 2015 16:39:55 GMT 3
A PERSPECTIVE ON JUSTICE CONFIRMING A NEGATIVE NARRATIVE IN POLITICS.Folks, I must admit I find little intellectual animo [that is a Dholuo word which means enthusiasm] in my person to debate the legal finesse in this case. What appears crystal to me, is the crudity that informed the august mind of the resident magistrate Anna Kuguru in delivering her 2-year concurrent sentences to the hapless Lieutenant, in a camera session. It looks to me a case of state judicial terror to intimidate by effect, that is the deterrence factor. The kangaroo fashion in which the case and trial was conducted, has been adequately highlighted by Otishotish and Sadiq - (even if earlier on Sadiq himself slipped up a bit and nearly went overboard, letting his dislike of the alleged Kikuyu Kamale spill over into, in my opinion, anti-Gikuyu venom in toto! I.E Kamale soon to add more millions to his kitty, courtesy of the papers stolen yesterday from the land's office, no doubt by his ever-thieving tribesmen!). Easy folks, easy! He he! The trial was a sham, the process dubious, inferior and secretive, vengeful and likely to escalate ethnic polarisation. In ruining the prospects of the Great Hope of his village from the other side of the political divide, Judge Anne Kuguru's total lack of empathy and her corruption of the rights of the accused by rigging the process, has played their part in enhancing a narrative, confirming the hated arrogance of a certain tribe, aka democratic tyranny. The righteousness informing this magistrate who, I am sure, failed to consider the possibly of a recuse, offers me an opportunity to deliberate on how slowly the foundations of great republics rot, and predict upheavals. -------Why do republics break up anywhere!? (remember Kenya nchi yetu hakuna matata! Our paradise is beyond reproach, therefore we have to wander far to learn the necessary lessons). Where to the defunct Yugoslavia then, a once socialist paradise of brotherly republics and heroic peoples!) How on earth did they go burst? Jugoslavia break-up model -WIKIPEDIA. Economic crisis and the subsequent rise in nationalism is what stands out in the above narrative. Actually, Serbian nationalism was the first criminal. She grew increasingly imperial, haughty and supercilious, privatised the Yugoslav state and pursued Serbian parochial interests as if they were the general Yugoslavian good. So for instance Serbian nationalism denied Albanian nationalism in Kosovo. A fuse.No justice no cohesion, no cohesion no brotherly republic. Paradise myth dies. Republic in ruins. Now I said sisi hatuna matata hapa Kenya. So do not accuse me of alarmism. But watch this statement too: 'Big Serbian nationalism was the first criminal. She grew increasingly imperial, privatising the Yugoslav state and pursuing her individual parochial interests as if they were the general good of the Yugoslav cosmopolitan state! The other peoples failed to take it lying down. They rebelled. Ende Yugoslavia!' NB: By hindsight, this nuance is necessary: it was not Serbian nationalism in general which hit the fuse, ooyo da, it was the then dominant radical strand captained by the Milosovic clan, then in control of the Serbian state!Since his demise, other more moderate forms of Serbian nationalism have achieved state supremacy and gone on to reach brotherly understandings with their neighbouring nationalisms. (problem is it took defeat in war to catalyse this process for Serbs!)Therefore for the Hakuna Matata Song to continue ringing true as it must, no singular ethnic group in Kenya must practice state monopoly marginalising the others. That is a cardinal sin. Not the fishy stone-thrower Jaluos of ODM; not the potato-dining Muthamaki sycophants of TNA; not the chicken-eating shamba boys, cooks and watchmen loyal to Mudavadi, nor the drought-prone nymphomanic Kalonzo Musyoka adherents; nor the 5-times-per-day-ass-in-the-air-Allah-Akhbar-shouters from the coast, nor the milk-crazed and blood-mad pastoralists from the Rift, nay, none must subjugate the other, nay, power monopoly and mismanaged social relations is to sow instability. Is apartheid. And impunity is insecurity. So this is a meditative moment for me. The intellectual sophistication of the Kibaki-Raila regimes, analogue as they were, are far far the superior of the digital Uhuruto tandem regime. It is actually sickening that the first post-independence generation at the helm should be so narrow, so small-minded and cheap as to be a definite atavism. But there is always that cynical grin on the face of historical time. Good and competent leaders to not create interesting history. That is the monopoly of the mess-makers! Those who think their countries are run by mess-makers like Wall Street Bankers know they have a ringside seat to interesting times! I will be back.
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Post by jakaswanga on Jan 4, 2015 16:46:45 GMT 3
Sadiq, it was b6k who corrected the Waguru-Kuguru mix up.
On another note, if the judgement by the resident magistrate is not available in full written form at the archives, how does a lawyer who wants to go and do pro-bono for the lieutenant proceed? he has to go during opening hours to the local court to acquaint himself with the case? And this case being of such national interest, how about teachers who want to discuss it class with their students, but do not want to use newspapers as a source?
NB: Actually in a digital generation, it would be prudent for the JSC to avail the infrastructure to digitally file all court cases. They can not say they are short of money. Those millions they raked just by farting on chairs could have gone along way helping such things out!
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Post by kamalet on Jan 5, 2015 12:53:44 GMT 3
Sadiq, it was b6k who corrected the Waguru-Kuguru mix up. On another note, if the judgement by the resident magistrate is not available in full written form at the archives, how does a lawyer who wants to go and do pro-bono for the lieutenant proceed? he has to go during opening hours to the local court to acquaint himself with the case? And this case being of such national interest, how about teachers who want to discuss it class with their students, but do not want to use newspapers as a source? NB: Actually in a digital generation, it would be prudent for the JSC to avail the infrastructure to digitally file all court cases. They can not say they are short of money. Those millions they raked just by farting on chairs could have gone along way helping such things out! Jakaswanga Please note the guy was convicted on his own plea of guilty. The charge was read, he pleaded guilty and the sentence was passed. There is no judgement to write apart from the mitigation statement and the sentence! It is only in capital offences that an accused is entitled to legal representation provided by the state and for such offenses, a plea of guilty will not be accepted by a judge until the accused is explained the consequences of the guilty plea and confirms such understanding. This guy's undoing was pleading guilty rather than argue his case.
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Post by OtishOtish on Jan 5, 2015 13:02:56 GMT 3
[ It is only in capital offences that an accused is entitled to legal representation provided by the state and for such offenses, a plea of guilty will not be accepted by a judge until the accused is explained the consequences of the guilty plea and confirms such understanding. Kamale: I am always amused by the way in which you routinely just make up whatever you think is helpful to your argument and then tear away. And you never let the real (and readily available) facts get in your way! The Kenyan constitution states that: 50( 2) Every accused person has the right to a fair trial, which includes the right—
(h) to have an advocate assigned to the accused person by the State and at State expense, if substantial injustice would otherwise result, and to be informed of this right promptly;Please take your time and read that carefully. Then read it again. Does it say anything about capital offenses? Would wrongful imprisonment for two years be considered a "substantial injustice"?
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