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Post by kamalet on Jan 22, 2015 18:20:44 GMT 3
The DNA now proves the body belonged to Hussein Yusuf and not Meshak Yebei.
For all intents and purposes, until a body is found it would be safe to assume that Yebei could be alive..........
If you now consider the fiasco at the ICC yesterday when the OTP claimed that his witness was Unreliable and the Naija judge asked why they are still listening to him you must now see a possible collapse. Today Katwa Kigen commenced his cross and in the afternoon all went quiet and a status conference was apparently called for the afternoon session. It is not clear where this case is headed to.....so lets wait for Yebei to surface!
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Post by jakaswanga on Jan 22, 2015 20:50:50 GMT 3
The DNA now proves the body belonged to Hussein Yusuf and not Meshak Yebei. For all intents and purposes, until a body is found it would be safe to assume that Yebei could be alive.......... If you now consider the fiasco at the ICC yesterday when the OTP claimed that his witness was Unreliable and the Naija judge asked why they are still listening to him you must now see a possible collapse. Today Katwa Kigen commenced his cross and in the afternoon all went quiet and a status conference was apparently called for the afternoon session. It is not clear where this case is headed to.....so lets wait for Yebei to surface! And what do the investigations say, as to why Yusuf had to die such a horrible death? (tongue cut and eyes gourged out). getting the motive for a murder right, opens eyes to a lot!
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Post by mank on Jan 23, 2015 0:25:19 GMT 3
The DNA now proves the body belonged to Hussein Yusuf and not Meshak Yebei. For all intents and purposes, until a body is found it would be safe to assume that Yebei could be alive.......... If you now consider the fiasco at the ICC yesterday when the OTP claimed that his witness was Unreliable and the Naija judge asked why they are still listening to him you must now see a possible collapse. Today Katwa Kigen commenced his cross and in the afternoon all went quiet and a status conference was apparently called for the afternoon session. It is not clear where this case is headed to.....so lets wait for Yebei to surface! And what do the investigations say, as to why Yusuf had to die such a horrible death? (tongue cut and eyes gourged out). getting the motive for a murder right, opens eyes to a lot! At one point the "witness" was asked whether he had given a certain account of events to the prosecution in the past, and denied it saying something like "that is from the prosecutor ....". Just what was he about to say? Not the prosecutor who was questioning him in-chief, nor the judge, had any desire to 'find out'. The good judge cut in like lightening to stop the running mouth. From there the good judge was in full control of the process, ensuring the "witness" answers questions with 'yes' and 'no'. ... and lots of private sessions. Who are they kidding? They know the result, and nothing the "witnesses" can add amounts to anything. At best they are just expanding the job to fit the time allocated to it. Now that you entertain the thought that Yebei could be alive, what do you think of Kamale's proposition?
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Post by OtishOtish on Jan 23, 2015 1:26:54 GMT 3
There is a new and amusing narrative being peddled---that, for some reason, the ICC-OTP went out of its way to fix Ruto. It probably works for the short-sighted and the dim-witted ... Last night I went through some court transcripts and records in the Ruto Case. In there, somewhere, you will find Ruto's lead counsel, QC, actually listing the people who "fixed" Ruto. Remember that one? Big, important people in GoK, all of them.
How did they "fix" him? I can't say. But some claimed that "alijiset kwa vitendo". No ICC, OTP, CIA, KGB, XYZ. Kwa vitendo.
What does that have to do with anything? I have no idea. But from the leaves, to the branches, to the trunk, and to the roots. Or the other way. That's what I learned in Form I Biology.
Team Ruto will file a "no-case-to-answer". The OTP will respond. Then we'll see what each side has. Me myself, I try not to get too excited; but if I were to bet, it wouldn't be for the criminal team. it would be for Ruto to explain why his friends had to go to a church and burn up women and little children ... like cheap firewood and discarded brush. But we'll see.
Ah, the latest witness ... I think Steynberg did a decent job: got the witness to say enough so that he could be declared a hostile witness, then explained why the witness was to be considered a lying SoB, and then told Oga Chief-Oh why the court should nevertheless hear from the Lying SoB.
I don't see any basis for the judges to grant Team Ruto's request for a stay in the proceedings. They should save their steam for the "no-case-to-answer" application.
Oh, I almost forgot this one: apparently the Constitution of Kenya is about to be changed. Or so goes the plan. The current one says that not even PORK should be shielded from the most heinous crimes known to man (and woman, of course). The new one will say that both Uhuru and Deputy Uhuru will be protected.
Some animals are ...? And other animals are ..?
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Post by mank on Jan 23, 2015 6:03:26 GMT 3
There is a new and amusing narrative being peddled---that, for some reason, the ICC-OTP went out of its way to fix Ruto. It probably works for the short-sighted and the dim-witted ... Last night I went through some court transcripts and records in the Ruto Case. In there, somewhere, you will find Ruto's lead counsel, QC, actually listing the people who "fixed" Ruto. Remember that one? Big, important people in GoK, all of them.
How did they "fix" him? I can't say. But some claimed that "alijiset kwa vitendo". No ICC, OTP, CIA, KGB, XYZ. Kwa vitendo.
What does that have to do with anything? I have no idea. But from the leaves, to the branches, to the trunk, and to the roots. Or the other way. That's what I learned in Form I Biology.
Team Ruto will file a "no-case-to-answer". The OTP will respond. Then we'll see what each side has. Me myself, I try not to get too excited; but if I were to bet, it wouldn't be for the criminal team. it would be for Ruto to explain why his friends had to go to a church and burn up women and little children ... like cheap firewood and discarded brush. But we'll see.
Ah, the latest witness ... I think Steynberg did a decent job: got the witness to say enough so that he could be declared a hostile witness, then explained why the witness was to be considered a lying SoB, and then told Oga Chief-Oh why the court should nevertheless hear from the Lying SoB.
I don't see any basis for the judges to grant Team Ruto's request for a stay in the proceedings. They should save their steam for the "no-case-to-answer" application.
Oh, I almost forgot this one: apparently the Constitution of Kenya is about to be changed. Or so goes the plan. The current one says that not even PORK should be shielded from the most heinous crimes known to man (and woman, of course). The new one will say that both Uhuru and Deputy Uhuru will be protected.
Some animals are ...? And other animals are ..? Amigo, are you alright? Do you really try not to get too excited? If you do, the above write up fails you. You can't be calling people "short-sighted and the dim-witted" for thinking what you don't, unless you are really excited about what you think. Now, I don't know if someone decided to fix Ruto - it is something I hope we'll find out. In fact I don't know if Ruto is an innocent man. But I know something of importance in the case: all the witenesses that have been questioned at the court on allegations against Ruto or Sang have amounted to nothing but hearsayers to blattant liers. Most have turned 180 degrees against the evidence the prosecution counted them for ... but if it is really a show of success in a case when the prosecution spends its time arguing that it's witnesses are "totally unreliable and incredible", then the prosecution has really been a success. ... and the defence is a total failure because its fight has been snatched away. I don't think there is anything big Steynberg did with the latest witness. Clearly OTP is being shown a wider door at ICC, and I think that is a good thing. At the end, if it cannot proof its case, then it cannot argue that it was denied a chance. I believe that is the whole reason Steynberg was granted his prayer.
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Post by kamalet on Jan 23, 2015 8:57:01 GMT 3
ManK
That is Moonki for you......
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Post by b6k on Jan 23, 2015 11:09:23 GMT 3
The prosecutor's admission that his own witness is “a thoroughly unreliable and incredible” witness boggles the mind! "Senior trial lawyer Anton Steynberg said the prosecution opposed the application and cross-examination of Witness 743 would show him to be “a thoroughly unreliable and incredible” witness. Steynberg also said the witness never said he knew that the confirmation witnesses had given false evidence. Steynberg explained that the witness told the investigator in 2013 that he had information on witness interference but did not give any information to the investigator at the time of the interview. “Mr. Steynberg, you said this witness is quote a thoroughly unreliable and incredible witness end quote. This is a witness you called to testify. Beyond the merits of the application of Ms. Alagendra you will of course tell us why we should continue to listen to this witness if this is how you feel,” said Presiding Judge Chile Eboe-Osuji." www.ijmonitor.org/2015/01/prosecution-calls-its-own-witness-thoroughly-unreliable-and-incredible/The private sessions are no longer witness protection measures but face saving devices for a court that has squandered all the credibility & goodwill it once had. Never in the span of 5 years has a court gone from hallowed international institution to kangaroo court before falling flat on its face with an international rendition of Vioja Mahakamani...
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Post by jakaswanga on Jan 23, 2015 12:26:32 GMT 3
ManK That is Moonki for you...... So, are you guys of the verdict that, with his Ruto's fixers-list, QC Qhan was merely hallucinating, or given to bouts of slander and libel?
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Post by jakaswanga on Jan 23, 2015 12:32:30 GMT 3
Personally I have many reasons for opposing the ICC sheet! But not because it is kangaroo. One reason is I saw the vastness of resources availed to the Yugoslav trial. Then they could have a real investigation n forensic documentation.
On Kenya. It was a bogus hocus pocus. Fwqck the sods thinking Africa comes cheap
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Post by jakaswanga on Jan 23, 2015 14:45:42 GMT 3
And what do the investigations say, as to why Yusuf had to die such a horrible death? (tongue cut and eyes gourged out). getting the motive for a murder right, opens eyes to a lot! At one point the "witness" was asked whether he had given a certain account of events to the prosecution in the past, and denied it saying something like "that is from the prosecutor ....". Just what was he about to say? Not the prosecutor who was questioning him in-chief, nor the judge, had any desire to 'find out'. The good judge cut in like lightening to stop the running mouth. From there the good judge was in full control of the process, ensuring the "witness" answers questions with 'yes' and 'no'. ... and lots of private sessions. Who are they kidding? They know the result, and nothing the "witnesses" can add amounts to anything. At best they are just expanding the job to fit the time allocated to it. Now that you entertain the thought that Yebei could be alive, what do you think of Kamale's proposition? Yusuf's body is still inopportune, n Kamalet's theory casts the wider Yebei family as moral lost souls, ready to burry a wrong body for monetary gain. Remember he said the family was in the Khan ruse!
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Post by mank on Jan 23, 2015 16:25:37 GMT 3
At one point the "witness" was asked whether he had given a certain account of events to the prosecution in the past, and denied it saying something like "that is from the prosecutor ....". Just what was he about to say? Not the prosecutor who was questioning him in-chief, nor the judge, had any desire to 'find out'. The good judge cut in like lightening to stop the running mouth. From there the good judge was in full control of the process, ensuring the "witness" answers questions with 'yes' and 'no'. ... and lots of private sessions. Who are they kidding? They know the result, and nothing the "witnesses" can add amounts to anything. At best they are just expanding the job to fit the time allocated to it. Now that you entertain the thought that Yebei could be alive, what do you think of Kamale's proposition? Yusuf's body is still inopportune, n Kamalet's theory casts the wider Yebei family as moral lost souls, ready to burry a wrong body for monetary gain. I didn't note that, from him. In fact I felt he neglected to explain how the other body comes into the picture ... would Khan know anything about it? How about the family? How did they determine the body was of their kin? I think Kamalet owes us more in words to embellish his imagination.... but I have not counted out the possibility of his conjecture. Remember he said the family was in the Khan ruse!
Yeah, it was with that, that he grabbed my thirst for suspense. On the other hand, my thirst for suspense with the Hague proceedings is getting thoroughly frustrated and disappointed as I watch the OTP looking so incredibly tortured by the evidence of its lost course and the absence of any face-saving holt to its public self-embarrassment. The anticlimax cannot be exaggerated.
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Post by mank on Jan 23, 2015 16:33:03 GMT 3
ManK That is Moonki for you...... So, are you guys of the verdict that, with his Ruto's fixers-list, QC Qhan was merely hallucinating, or given to bouts of slander and libel? That, I feel can wait. I have lots of respect for Khan's team ... and it is all earned.
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Post by b6k on Feb 21, 2015 6:20:03 GMT 3
So, where is Meshack Yebei? Or should I ask, will his body ever be found? Whenever Team Ruto has "disaapeared" other witnesses, no bodies were found. So there must have been some surprise when "Yebei's" was found. Suggested sloppy work somewhere. Khan immediately demanded a DNA test. Otishotish, so where is Meshack Yebei & has he been REALLY been "cleaned up in Team Ruto's final operations"?
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Post by OtishOtish on Feb 21, 2015 7:37:51 GMT 3
Otishotish, so where is Meshack Yebei & has he been REALLY been "cleaned up in Team Ruto's final operations"? I have reliable impeccable sources in the police, CID, DPP, XYZ offices, all of whom are familiar with the investigations. But they have no been authorized to speak to the media. So I cannot divulge anything of what I have learned from them ... but they are looking for stones. Big rocks, not just pebbles. Anyways ... Things have been quite on this front, but it looks like ROUND 2 is about to begin. Let's see. The Startled today has a story that brings to mind Lazarus and zombies. www.the-star.co.ke/news/body-suspected-be-icc-witness-meshack-yebeis-found-tsavo
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Post by jakaswanga on Mar 4, 2015 21:17:24 GMT 3
Where is Njakip? At the face of it, DNA now appears conclusive the Voi body is Yebei. Given he was kidnapped in Eldoret area, how did he get to Voi? who killed him?
When an MPig was recently executed in city center (Muchai), the police got 3 days to crack the case. This Yebei one is already a cold case with the body still hot!
All animals are equal in legal jargon, in real life some are just plain litter, no rights alive, no rights dead. disposable furniture.
I also remember that we of Jukwaa were quick to send condolenses and commiserate with the bereaved family of the Mpig, but studiously ignored his slain bodyguards and their families. The coppers we actually killed in the line of duty, while Muchai was heading home after entertaining himself and his family. it just hit me now, asking where Njakip is!
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Post by b6k on Mar 5, 2015 5:41:44 GMT 3
Jakaswanga, one word explains the lack of condolences. Uncertainty. With the Yebei family claiming the wrong body & now embracing another, it's difficult to know whether he's dead. We all know the dangers of issuing premature condolences on Jukwaa....
The other thing, if the Voi body is Yebei's then he's been dead a long time. Abducted on December 28th to become an unclaimed corpse in Voi by December 30th. But that doesn't mean he was "killed in the Eldoret area" as you proclaim. All we know is he was abducted there. If he IS the unclaimed body he could've been killed anywhere between Eldoret and Voi, within that 48 hour window before he turned up dead, including of course the Green City in the Sun...
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Post by kamalet on Mar 5, 2015 7:58:25 GMT 3
Jakaswanga, one word explains the lack of condolences. Uncertainty. With the Yebei family claiming the wrong body & now embracing another, it's difficult to know whether he's dead. We all know the dangers of issuing premature condolences on Jukwaa.... The other thing, if the Voi body is Yebei's then he's been dead a long time. Abducted on December 28th to become an unclaimed corpse in Voi by December 30th. But that doesn't mean he was "killed in the Eldoret area" as you proclaim. All we know is he was abducted there. If he IS the unclaimed body he could've been killed anywhere between Eldoret and Voi, within that 48 hour window before he turned up dead, including of course the Green City in the Sun... ....also do factor in the fact that the ranger who found the body was attracted by some hyena activity. This should certainly rule out the suggestion that he died in December and has been at Tsavo all this time!
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Post by podp on Mar 5, 2015 8:55:24 GMT 3
Since the Kenyan ICC cases began, accusations of tampering with witnesses from both sides have abounded. In 2013, an official at the Prosecutor’s Office said the cases had experienced more witness attrition than any other in the history of the court. ICC Prosecutor Fatou Bensouda described the tampering and disappearance of witnesses as unprecedented. Currently Congolese Jean Pierre Bemba and his aides and lawyers are being prosecuted for tampering with witnesses. In her brief to the Trial Chamber, Ms Bensouda said she intended to prove that about eight Mungiki members who dealt personally with President Kenyatta were eliminated. The Prosecution withdrew its case against Mr Kenyatta last December.
The confirmation that the body found in Tsavo forest was that of Mr Yebei raises concerns about high-risk potential witnesses.Credible and effective witness protection is inevitable for the effective prosecution of such crimes. Witnesses are not mere objects of a trial but key subjects and stakeholders in the administration of justice. www.nation.co.ke/counties/Witness-protection-is-a-must-if-crime-is-to-be-fought/-/1107872/2642656/-/j92wja/-/index.html
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Post by jakaswanga on Mar 5, 2015 14:50:17 GMT 3
Jakaswanga, one word explains the lack of condolences. Uncertainty. With the Yebei family claiming the wrong body & now embracing another, it's difficult to know whether he's dead. We all know the dangers of issuing premature condolences on Jukwaa.... The other thing, if the Voi body is Yebei's then he's been dead a long time. Abducted on December 28th to become an unclaimed corpse in Voi by December 30th. But that doesn't mean he was "killed in the Eldoret area" as you proclaim. All we know is he was abducted there. If he IS the unclaimed body he could've been killed anywhere between Eldoret and Voi, within that 48 hour window before he turned up dead, including of course the Green City in the Sun... AS you correctly intimate, one cannot be too careful making sweeping statements! What with truth-zealots like you know who, marauding around Pyongyang, looking for sacrificial blood to quench their guillotine thirst! Yet then do you proceed with malicious intent to misconstrue my statement, about the kidnapping of Yebei and his possible timespan in death. Rereading my missive, nowhere do I state anything about the place of his death, on the contrary I ask where and who killed him! Where, pray, do you conclude from, I surmised he was killed around EL-D? But anyway such a murky death of a 'witness' tells even a.murkier story. But who , if at all, has the wherewithal or the motive to get to the bottom of it? It won't be Nkaissery, and less, Boinett. And so , another Kenyan fades away like a dead wind. Think of GSU man Erasto Chimorei! Too.
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Post by jakaswanga on Mar 5, 2015 14:55:12 GMT 3
B6k, and how do you explain our selective condolenses to the family of Kabete's Muchai, but not to the bodyguards who perished on duty?
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Post by podp on Mar 5, 2015 22:04:00 GMT 3
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Post by OtishOtish on Mar 6, 2015 0:37:57 GMT 3
Here I am, Friends. First, let me state that I owe mank an apology. I wrote that and he responded that
He was quite right. That a body has been found contradicts my speculation on bodies never being found.
Anyways ...
I am surprised that this thread is still going on. Is the Ruto case still going on? I've heard it claimed that the OTP always asks for "private sessions" whenever it wants to hide the fact that it has nothing. But the last episodes had the Defence asking for "private sessions" every few minutes, and I just got bored. Anyone with updates?
So, where are we to start with?
Ah, Yebei. The first time, K. Kahn, Q.C. came out of the starting blocks like a bolt of lightening: "He was our main man! So we couldn't have done it!". Having established that he was their man, and so they couldn't have done it, it's perfectly reasonable that they should show no interest in any other Dead Yebei that is found. After all, there are only so many Yebeis out there.
As for His Deputy Excellency:
I think has been a Real Warrior Samoei. Stared the lion right in the face. Right in his den. And, with the "right" help from Team Ruto, it looks like he's in the free-and-clear. Never mind those women and children, who were burned like twigs and rubbish, in a church. His Deputy Excellency will go on being Excellent.
The only person who could be a "spoiler" to the Happy Ending is Little Wally Barasa. A High-Court judge ruled that the request for his arrest and extradition were perfectly in order. Little Wally then went to the Court of Appeal, and there chicken was eaten the matter has rested. And rested. And then rested some more. I wouldn't be surprised if the Akashas went before him.
So ... after His Deputy Excellency's case is over and done with, the Court of Appeal will wakeup. Decision of Little Wally. Little Wally doesn't know that he's got a bum deal and that he would have been better off cutting one with the OTP: as a matter of principle, the OTP must insist on sorting him out. No matter what.
And justice for the PEV victims?
This is Africa, friends. And in matters of such large-scale and horrific crimes, Africa has a good record of African Solutions for African Problems. Gaddafi and Uhuruto were "wanted" by the ICC at the same time. The Libyans went one way, the Kenyans went the other way. Kienyeji vs. Mzungu way, or something like that, or so they say. You want justice? Go get it your own bloody self. That's how we do it.
Maybe the PEV never happened? Never mind. Accept and move on. Until the next time.
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Post by podp on Mar 9, 2015 22:49:45 GMT 3
We should not forget that the mere existence of the ICC is a major achievement and representative of the international community’s commitment to the fight against impunity. The Court aims to end impunity for mass crimes and curb the destructive impact of conflicts on civilians. What is more, while the ICC is still in its infancy, important empirical research has already emerged suggesting that the prospects of investigations and prosecutions in situations where the Court has jurisdiction can have a cooling effect on the commission of mass crimes, in particular by state actors. It is also posited that they enhance complementarity by encouraging national investigations and prosecutions. .... And while archaic vices of tribalism, sectarianism and bigotry continue to taint the pages of history, I am confident that universal values of human rights and yearning for their widespread protection, and calls for ending impunity for mass crimes will increasingly define the 21st century. The fight against impunity, the ICC and the international criminal justice system it is aiming to create in its own image will persevere and thrive. www.ictj.org/debate/article/our-resolve-create-more-just-world-must-remain-firmThe Centre for Human Rights and Democracy (CHRD) executive director Ken Wafula challenged the head of Serious Crimes and Prevention Unit (SCPU) at the DCI headquarters John Kariuki to swing into action and bring to book the culprits. Wafula said Kariuki said during preliminary investigations he will not take any action against those suspected to be behind the disappearance of the slain ICC witness until he is found dead or alive. He said they have given Kariuki the names of all the persons connected to the kidnapping and subsequent killing of Yebei, saying it is time to unravel the circumstances under which the deceased met his death. “ We have given the SCPU head all the names of the people who were directly involved in Yebei’s kidnapping and killing and we expect him to arrest them,” said Wafula. Speaking to the press in Eldoret, Wafula, who was accompanied by the slain ICC witness elder brothers Moses Kisorio and Thomas Yebei, said they have also started their own independent investigations into the matter. He said upon completion of their parallel probe into the killing, they will take up the case to United Nations Convention to question Kenya government over the killing. Wafula claimed some of the key suspects linked to Yebei’s murder have started enjoying the fruits of their job and asked police to hasten the probe. Yebei was kidnapped more than two months ago before his body was found at the Man Eaters Forest in Tsavo National Park in Voi. mediamaxnetwork.co.ke/peopledaily/139109/human-rights-lobby-wants-state-arrest-yebei-killers/
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Post by podp on Mar 22, 2015 22:53:37 GMT 3
Mzee Lazarus Yebei, Meshack’s father, said Saturday marked 40 days after his son disappeared, noting that his killers will come to the fore in the next 40 days. He attributed the finding of Meshack’s body near Voi to traditional rituals conducted by Kalenjin elders in the wake of his disappearance. “It is now 40 days after Meshack disappeared, and we are saying that if the government does not arrest and prosecute those behind his killing, elders are yet again going to perform traditional rituals and 40 days from today, something will come up,” he said. Last month, Mr Calvin Kibet Chemiron, Meshack’s first cousin, said the family had turned to “African wisdom” to find his killers. mobile.nation.co.ke/news/Meshack-Yebei-Funeral-ICC-Witness-Murder/-/1950946/2661782/-/format/xhtml/-/ivkul2z/-/index.htmldp aka arap mashamba aka kalasigha better not run away from his villager's burial The family also expressed displeasure at how local leaders, some of who were initially attached to them when their son was killed failed to attend the burial. “We are still surprised why those who maintained he was their witness failed to attend his burial, what deterred them to even come say sorry?” questioned George Kemboi a family member. Ruto and local leaders gave the function a wide berth and instead attended meetings in Kericho and Nakuru. The Deputy President hails from the same village and had through his lead counsel in his ICC case Karim Khan claimed that Yebei was a key defence witness. He had called on security agents to carry out investigations to unravel the mystery after his counsel’s revelation. Read more at: www.standardmedia.co.ke/thecounties/article/2000155637/confess-or-face-consequences-meshack-yebei-family-warns-his-killerswill ICC like the British soldier be the ones to do Ruto in, remember our history The Nandi were unprepared for British treachery; the army officer Colonel Richard Meinertzhagen offered to visit Samoei to discuss a peace deal and end the war. Upon arrival, however, he pulled out a rifle that he had hidden in his attire and shot the leader at point blank range. His cohorts killed the entire Nandi delegation, including women and children. Adding insult to injury, the colonel decapitated the dead Orkoiyot and removed his head, staff and ceremonial attire knitted out of Vervet monkey skin. Ill-equipped for such savagery and with the loss of their beloved leader rendering them bereft, the people fled, leaving houses, cattle, granaries and forests. www.theeastafrican.co.ke/magazine/the+tangled+rich+history+of+the+Nandi+Hills++/-/434746/1454076/-/view/printVersion/-/g86be9z/-/index.htmland this is how we choose now to remember that past or will ruto be done in by his own like the grandfather of Koitalel?
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Post by b6k on Mar 22, 2015 23:42:57 GMT 3
Meshack's father and the elders need to consult with a new calendar. He disappeared on December 28th. 40 days was back in February...
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