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Kenya Judiciary - Justice delayed is justice denied
Fyatu
#1 Posted : Friday, January 17, 2020 4:06:56 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,693
Location: Nakuru
Justice delayed is justice denied so goes the platitude...

This thread will act as an experiment that counts how many days it takes for high profile corruption and murder cases to be concluded in our Kenyan justice system, how long it takes from arrest to conclusion/conviction. Just to be clear, a conviction verdict can either be guilty or not-guilty.

Fortunately or unfortunately i will start with the clear cut case of attempted murder by Hon. Babu Owino who shot a DJ at B-club this morning(17-101-2020).

Today 17-January-2020 will count as day 1(one) for this case.The objective is to find out how many days this case will take from today until it is concluded by the courts.

As we speak these are the cases of interest...

1. Mike Sonko corruption case is now 43 days old(arrested on 6th December 2019)

2. Ferdinad Waititu case is 173 days old(arrested on 28 July 2019).

3. Samburu Governor Moses Kasaine Lenolkulal case is 290 days old(arrested on 2nd April 2019).

4. Okoth Obado high profile murder case is 429 days old(arrested on 14 November 2018).

5.Lillian Omollo Mbogo et al NYS-2 corruption case is 599 days old(arrested on 28 May 2018).

6. Evans "Kipindu pindu" Odhiambo Kidero corruption case is 266 days old(arrested on 26 April 2019).

7.Michael Kamau corruption case is a staggering 1690 days since hearing started(case started on 2 June 2015).

8. Disgraced Henry Rotich case - he of abracadabra guesswork fame and Arror kimwarer dam scam is now 178 days old(arrested on 23 July 2019).

There are many more cases i might have left out.

In particular, I have deliberately left out Jowi(woman eater) case because unlike the others listed above,he is picking sabuni for hardened sex starved convicts in kuma-ya-ndege(Kamiti Maximum) but for the sake of fairness, his case has been lying in Kenya's korti bandia for the past 476 days ever since he was presented in court.

The other day Ibrahim Akasha's Narcotics case was concluded in a record 328 days in the USA and he is now reflecting about his criminal life in a maximum security US penitentiary.

Ni hayo tu kwa sasa...let the counting begin
Dumb money becomes dumb only when it listens to smart money
murchr
#2 Posted : Friday, January 17, 2020 4:27:30 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,214
Can we add that known thief aka hair dresser who apparently carried money in sacks from banks - Josephine Kabura is still walking free

And the JSC is still deliberating on whether the Deputy CJ is liable to criminal charges while in office
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
alma1
#3 Posted : Friday, January 17, 2020 5:47:07 PM
Rank: Elder


Joined: 9/19/2015
Posts: 2,638
Location: hapo
I'm 100% in agreement.

We should revisit this fake judiciary.
Thieves are not good people. Tumeelewana?
tycho
#4 Posted : Sunday, January 19, 2020 7:58:56 AM
Rank: Elder


Joined: 7/1/2011
Posts: 8,636
Location: Nairobi
There are few Kenyans, even here in wazua who are capable of justice. Please enjoy your oppression by vociferous tallying.
Ryko
#5 Posted : Sunday, January 19, 2020 4:30:29 PM
Rank: Member


Joined: 5/27/2016
Posts: 270
Location: Pub
If you want justice buy Maraga a Mercedes Benz for government duties...
I work so I can afford the amount of alcohol required to continue going to work
murchr
#6 Posted : Sunday, January 19, 2020 6:01:42 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,214
Kenya is broken.

The 3 tiers of govt plus the 4th estate.

The President took off the powers of the VP and handed them to a minister di that he can push him around.

The parliament is never in session, when do they work? Their main responsibility is to make laws, not be in committees.

The judiciary is always lamenting buying time as they earn salaries.

The fourth estate is satisfied with brown envelopes. But also,the media in Kenya is not smart.

"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
2012
#7 Posted : Sunday, January 19, 2020 7:46:54 PM
Rank: Elder


Joined: 12/9/2009
Posts: 6,590
Location: Nairobi
murchr wrote:
Kenya is broken.

The 3 tiers of govt plus the 4th estate.

The President took off the powers of the VP and handed them to a minister di that he can push him around.

The parliament is never in session, when do they work? Their main responsibility is to make laws, not be in committees.

The judiciary is always lamenting buying time as they earn salaries.

The fourth estate is satisfied with brown envelopes. But also,the media in Kenya is not smart.




Kenya is a mess and that's what Raila and UK are taking advantage of with this animal called BBI.

BBI will solve it
:)
Fyatu
#8 Posted : Monday, January 20, 2020 12:30:34 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,693
Location: Nakuru
Fyatu wrote:
Justice delayed is justice denied so goes the platitude...

This thread will act as an experiment that counts how many days it takes for high profile corruption and murder cases to be concluded in our Kenyan justice system, how long it takes from arrest to conclusion/conviction. Just to be clear, a conviction verdict can either be guilty or not-guilty.

Fortunately or unfortunately i will start with the clear cut case of attempted murder by Hon. Babu Owino who shot a DJ at B-club this morning(17-101-2020).

Today 17-January-2020 will count as day 1(one) for this case.The objective is to find out how many days this case will take from today until it is concluded by the courts.


As we speak these are the cases of interest...

1. Mike Sonko corruption case is now 43 days old(arrested on 6th December 2019)

2. Ferdinad Waititu case is 173 days old(arrested on 28 July 2019).

3. Samburu Governor Moses Kasaine Lenolkulal case is 290 days old(arrested on 2nd April 2019).

4. Okoth Obado high profile murder case is 429 days old(arrested on 14 November 2018).

5.Lillian Omollo Mbogo et al NYS-2 corruption case is 599 days old(arrested on 28 May 2018).

6. Evans "Kipindu pindu" Odhiambo Kidero corruption case is 266 days old(arrested on 26 April 2019).

7.Michael Kamau corruption case is a staggering 1690 days since hearing started(case started on 2 June 2015).

8. Disgraced Henry Rotich case - he of abracadabra guesswork fame and Arror kimwarer dam scam is now 178 days old(arrested on 23 July 2019).

There are many more cases i might have left out.

In particular, I have deliberately left out Jowi(woman eater) case because unlike the others listed above,he is picking sabuni for hardened sex starved convicts in kuma-ya-ndege(Kamiti Maximum) but for the sake of fairness, his case has been lying in Kenya's korti bandia for the past 476 days ever since he was presented in court.

The other day Ibrahim Akasha's Narcotics case was concluded in a record 328 days in the USA and he is now reflecting about his criminal life in a maximum security US penitentiary.

Ni hayo tu kwa sasa...let the counting begin



These are the key variables in this case.

Presiding Magistrate = Chief Magistrate Francis Andayi
Defence lawyer = Cliff Ombeta
Prosecutor = Hatujui jina yake
Date_of_taking_plea = 20-01-2020(3 days after crime)

So far the prosecution has done a good job of presenting the suspect Hon.Owino to court in a record 2 days. The magistrate has also done well in ensuring a plea is taken.

Hon. Owino has been sent to remand for 7 days. Case will be heard on 27-01-2020.

What is not clear is whether the case to be heard on 27-01-2020 will be about Babu's bail or justice for the victim. What is the priority here? Babu's bail or a determination of whether Babu is guilty or not?

We all know previous cases for the likes of Mike Sonko, Ferdinand Waitutu etc were reduced to theatrics of whether to grant bail or not rather than quick dispensation of justice. Remember a not guilty conviction is also a verdict. So i expect Hon. Francis Andayi to determine if Babu Owino is guilty or not guilty at his earliest convenience so that Kenyans of goodwill can move-on to other matters.
Dumb money becomes dumb only when it listens to smart money
bwenyenye
#9 Posted : Monday, January 20, 2020 12:53:09 PM
Rank: Elder


Joined: 5/24/2007
Posts: 1,801
This is a good idea..we need to follow these cases especially when one sees cases like the one below..

https://citizentv.co.ke/...-7-months-later-286653/

I think The Judiciary is really a let down in Kenya currently and the way I had high hopes in the appointment of Justice Maraga... But when I saw him venting over a Mercedes and recognition I knew we were sunk..
I Think Therefore I Am
maka
#10 Posted : Monday, January 20, 2020 1:18:40 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,295
Location: Nairobi
Fyatu wrote:
Justice delayed is justice denied so goes the platitude...

This thread will act as an experiment that counts how many days it takes for high profile corruption and murder cases to be concluded in our Kenyan justice system, how long it takes from arrest to conclusion/conviction. Just to be clear, a conviction verdict can either be guilty or not-guilty.

Fortunately or unfortunately i will start with the clear cut case of attempted murder by Hon. Babu Owino who shot a DJ at B-club this morning(17-101-2020).

Today 17-January-2020 will count as day 1(one) for this case.The objective is to find out how many days this case will take from today until it is concluded by the courts.

As we speak these are the cases of interest...

1. Mike Sonko corruption case is now 43 days old(arrested on 6th December 2019)

2. Ferdinad Waititu case is 173 days old(arrested on 28 July 2019).

3. Samburu Governor Moses Kasaine Lenolkulal case is 290 days old(arrested on 2nd April 2019).

4. Okoth Obado high profile murder case is 429 days old(arrested on 14 November 2018).

5.Lillian Omollo Mbogo et al NYS-2 corruption case is 599 days old(arrested on 28 May 2018).

6. Evans "Kipindu pindu" Odhiambo Kidero corruption case is 266 days old(arrested on 26 April 2019).

7.Michael Kamau corruption case is a staggering 1690 days since hearing started(case started on 2 June 2015).

8. Disgraced Henry Rotich case - he of abracadabra guesswork fame and Arror kimwarer dam scam is now 178 days old(arrested on 23 July 2019).

There are many more cases i might have left out.

In particular, I have deliberately left out Jowi(woman eater) case because unlike the others listed above,he is picking sabuni for hardened sex starved convicts in kuma-ya-ndege(Kamiti Maximum) but for the sake of fairness, his case has been lying in Kenya's korti bandia for the past 476 days ever since he was presented in court.

The other day Ibrahim Akasha's Narcotics case was concluded in a record 328 days in the USA and he is now reflecting about his criminal life in a maximum security US penitentiary.

Ni hayo tu kwa sasa...let the counting begin



Interestring look at the below timelines;


Plea, sentencing, and prison life
On March 12, 2009, Madoff pleaded guilty to 11 federal felonies, including securities fraud, wire fraud, mail fraud, money laundering, making false statements, perjury, theft from an employee benefit plan, and making false filings with the SEC. The plea was the response to a criminal complaint filed two days earlier, which stated that over the past 20 years, Madoff had defrauded his clients of almost $65 billion in the largest Ponzi scheme in history. Madoff insisted he was solely responsible for the fraud.[69][110] Madoff did not plea bargain with the government. Rather, he pleaded guilty to all charges. It has been speculated that Madoff pleaded guilty instead of cooperating with the authorities in order to avoid naming any associates and co-conspirators who were involved with him in the scheme.[111][112]

In November 2009, David G. Friehling, Madoff's accounting front man and auditor, pleaded guilty to securities fraud, investment adviser fraud, making false filings to the SEC, and obstructing the IRS. He admitted to merely rubber-stamping Madoff's filings rather than auditing them.[113] Friehling extensively cooperated with federal prosecutors and testified at the trials of five former Madoff employees, all of whom were convicted and sentenced to between 2 and a half and 10 years in prison. Although he could have been sentenced to more than 100 years in prison, because of his cooperation, Friehling was sentenced in May 2015 to one year of home detention and one year of supervised release.[114] His involvement made the Madoff scheme by far the largest accounting fraud in history.

Madoff's right-hand man and financial chief, Frank DiPascali, pleaded guilty to 10 federal charges in 2009 and (like Friehling) testified for the government at the trial of five former colleagues, all of whom were convicted. DiPascali faced a sentence of up to 125 years, but he died of lung cancer in May 2015, before he could be sentenced.[115][116]

In his plea allocution, Madoff stated he began his Ponzi scheme in 1991. He admitted he had never made any legitimate investments with his clients' money during this time. Instead, he said, he simply deposited the money into his personal business account at Chase Manhattan Bank. When his customers asked for withdrawals, he paid them out of the Chase account—a classic "robbing Peter to pay Paul" scenario. Chase and its successor, JPMorgan Chase, may have earned as much as $483 million from his bank account.[117][118] He was committed to satisfying his clients' expectations of high returns, despite an economic recession. He admitted to false trading activities masked by foreign transfers and false SEC filings. He stated that he always intended to resume legitimate trading activity, but it proved "difficult, and ultimately impossible" to reconcile his client accounts. In the end, Madoff said, he realized that his scam would eventually be exposed.[83][119]

On June 29, 2009, Judge Chin sentenced Madoff to the maximum sentence of 150 years in federal prison.[23][120] Madoff's lawyers initially asked the judge to impose a sentence of 7 years, and later requested that the sentence be 12 years, because of Madoff's advanced age of 71 and his limited life expectancy.[121][122]

https://en.wikipedia.org/wiki/Bernie_Madoff

This is a person who could have bought the whole judiciary in the 254 plus Kenya 1 and WSR.....

Then vie for the Presidency.....
possunt quia posse videntur
kaka2za
#11 Posted : Monday, January 20, 2020 2:13:01 PM
Rank: Elder


Joined: 10/3/2008
Posts: 3,736
Location: Gwitu
Steal a Chicken or sell cat meat and you will know how quickly justice is dispensed in Kenya.
Julie
#12 Posted : Monday, January 20, 2020 5:09:48 PM
Rank: Member


Joined: 12/2/2006
Posts: 624
I have a suggestion...
Why don't we also have some ''control cases'' of say a chicken thief or bangi peddler for comparison. For this thread, we can pick one for this month and lets track and see what happens.
Fyatu
#13 Posted : Monday, January 20, 2020 8:13:41 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,693
Location: Nakuru
Julie wrote:
I have a suggestion...
Why don't we also have some ''control cases'' of say a chicken thief or bangi peddler for comparison. For this thread, we can pick one for this month and lets track and see what happens.



Brilliant suggestion...i was also thinking of including the presiding judge/magistrate track record in resolving cases as a variable. For example, we will be interested to know Hon. Francis Andayi track record in resolving cases. If his track record is poor then we will call him out together with his boss the "high sparrow".
Dumb money becomes dumb only when it listens to smart money
tycho
#14 Posted : Tuesday, January 21, 2020 1:46:11 AM
Rank: Elder


Joined: 7/1/2011
Posts: 8,636
Location: Nairobi
This initiative is great. Only I ask: what is the hypothesis, and does the design of this investigation capture the ideal model of a criminal justice system?

For example, it is possible for a case to delay from either the prosecution or defence. How does this apply in our model?

Some cases that may appear to be executed expeditiously may be below quality standards. There may be a rule that the faster a case is discharged, the greater the possibility of unfairness and political pressure.

Is it possible that some magistrates may get cases that are tougher than others, and that how we select our samples may be flawed?

How about hiring a research firm and let them help us develop more valid results?

Finally, how exactly can we remove the incompetent? Well, I may not suggest another judicial process. That is, this kind of thinking may in fact undermine the judiciary than promote it.
Wakanyugi
#15 Posted : Tuesday, January 21, 2020 8:47:35 PM
Rank: Veteran


Joined: 7/3/2007
Posts: 1,603
Fyatu wrote:
Justice delayed is justice denied so goes the platitude...

This thread will act as an experiment that counts how many days it takes for high profile corruption and murder cases to be concluded in our Kenyan justice system, how long it takes from arrest to conclusion/conviction. Just to be clear, a conviction verdict can either be guilty or not-guilty.

Fortunately or unfortunately i will start with the clear cut case of attempted murder by Hon. Babu Owino who shot a DJ at B-club this morning(17-101-2020).

Today 17-January-2020 will count as day 1(one) for this case.The objective is to find out how many days this case will take from today until it is concluded by the courts.

As we speak these are the cases of interest...

1. Mike Sonko corruption case is now 43 days old(arrested on 6th December 2019)

2. Ferdinad Waititu case is 173 days old(arrested on 28 July 2019).

3. Samburu Governor Moses Kasaine Lenolkulal case is 290 days old(arrested on 2nd April 2019).

4. Okoth Obado high profile murder case is 429 days old(arrested on 14 November 2018).

5.Lillian Omollo Mbogo et al NYS-2 corruption case is 599 days old(arrested on 28 May 2018).

6. Evans "Kipindu pindu" Odhiambo Kidero corruption case is 266 days old(arrested on 26 April 2019).

7.Michael Kamau corruption case is a staggering 1690 days since hearing started(case started on 2 June 2015).

8. Disgraced Henry Rotich case - he of abracadabra guesswork fame and Arror kimwarer dam scam is now 178 days old(arrested on 23 July 2019).

There are many more cases i might have left out.

In particular, I have deliberately left out Jowi(woman eater) case because unlike the others listed above,he is picking sabuni for hardened sex starved convicts in kuma-ya-ndege(Kamiti Maximum) but for the sake of fairness, his case has been lying in Kenya's korti bandia for the past 476 days ever since he was presented in court.

The other day Ibrahim Akasha's Narcotics case was concluded in a record 328 days in the USA and he is now reflecting about his criminal life in a maximum security US penitentiary.

Ni hayo tu kwa sasa...let the counting begin


This is great. But you forgot chicken gate and the Gichuru/Jersey case.

I have a suggestion too. Why not make it a betting pool? We might even be able to register it "Bet Justice."

I am willing to bet that Babu, Waititi, Obado Sonko and Kidero will never be convicted, Jowi will likely get life.
"The opposite of a correct statement is a false statement. But the opposite of a profound truth may well be another profound truth." (Niels Bohr)
Rahatupu
#16 Posted : Wednesday, January 22, 2020 3:47:17 PM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,951
Location: matano manne
Great and comendable idea. How is speedy justice correlated with funding? NB: magistrates and judicial staff are paid from the exchaquer. High sparrow should be exposed
murchr
#17 Posted : Wednesday, January 22, 2020 5:29:06 PM
Rank: Elder


Joined: 2/26/2012
Posts: 15,214
Rahatupu wrote:
Great and comendable idea. How is speedy justice correlated with funding? NB: magistrates and judicial staff are paid from the exchaquer. High sparrow should be exposed


They never go without salaries. Infact what you hear them wanting is Merc's and such like luxury cars
"There are only two emotions in the market, hope & fear. The problem is you hope when you should fear & fear when you should hope: - Jesse Livermore
.
Kusadikika
#18 Posted : Friday, January 24, 2020 4:39:50 PM
Rank: Elder


Joined: 7/22/2008
Posts: 2,650
Our judiciary is very efficient.

This man was arrested, charged, arraigned in court and sentenced in record time.

https://www.nation.co.ke...0330-jxxvdlz/index.html

Shida iko wapi?smile smile
Rahatupu
#19 Posted : Monday, January 27, 2020 3:52:43 PM
Rank: Veteran


Joined: 12/4/2009
Posts: 1,951
Location: matano manne
Babu case yet to start dragging. But as usual its always about the rights of the suspect never justice to the victims
Fyatu
#20 Posted : Monday, January 27, 2020 8:23:49 PM
Rank: Veteran


Joined: 1/20/2011
Posts: 1,693
Location: Nakuru
Fyatu wrote:
Fyatu wrote:
Justice delayed is justice denied so goes the platitude...

This thread will act as an experiment that counts how many days it takes for high profile corruption and murder cases to be concluded in our Kenyan justice system, how long it takes from arrest to conclusion/conviction. Just to be clear, a conviction verdict can either be guilty or not-guilty.

Fortunately or unfortunately i will start with the clear cut case of attempted murder by Hon. Babu Owino who shot a DJ at B-club this morning(17-101-2020).

Today 17-January-2020 will count as day 1(one) for this case.The objective is to find out how many days this case will take from today until it is concluded by the courts.


As we speak these are the cases of interest...

1. Mike Sonko corruption case is now 43 days old(arrested on 6th December 2019)

2. Ferdinad Waititu case is 173 days old(arrested on 28 July 2019).

3. Samburu Governor Moses Kasaine Lenolkulal case is 290 days old(arrested on 2nd April 2019).

4. Okoth Obado high profile murder case is 429 days old(arrested on 14 November 2018).

5.Lillian Omollo Mbogo et al NYS-2 corruption case is 599 days old(arrested on 28 May 2018).

6. Evans "Kipindu pindu" Odhiambo Kidero corruption case is 266 days old(arrested on 26 April 2019).

7.Michael Kamau corruption case is a staggering 1690 days since hearing started(case started on 2 June 2015).

8. Disgraced Henry Rotich case - he of abracadabra guesswork fame and Arror kimwarer dam scam is now 178 days old(arrested on 23 July 2019).

There are many more cases i might have left out.

In particular, I have deliberately left out Jowi(woman eater) case because unlike the others listed above,he is picking sabuni for hardened sex starved convicts in kuma-ya-ndege(Kamiti Maximum) but for the sake of fairness, his case has been lying in Kenya's korti bandia for the past 476 days ever since he was presented in court.

The other day Ibrahim Akasha's Narcotics case was concluded in a record 328 days in the USA and he is now reflecting about his criminal life in a maximum security US penitentiary.

Ni hayo tu kwa sasa...let the counting begin



These are the key variables in this case.

Presiding Magistrate = Chief Magistrate Francis Andayi
Defence lawyer = Cliff Ombeta
Prosecutor = Hatujui jina yake
Date_of_taking_plea = 20-01-2020(3 days after crime)

So far the prosecution has done a good job of presenting the suspect Hon.Owino to court in a record 2 days. The magistrate has also done well in ensuring a plea is taken.

Hon. Owino has been sent to remand for 7 days. Case will be heard on 27-01-2020.

What is not clear is whether the case to be heard on 27-01-2020 will be about Babu's bail or justice for the victim. What is the priority here? Babu's bail or a determination of whether Babu is guilty or not?

We all know previous cases for the likes of Mike Sonko, Ferdinand Waitutu etc were reduced to theatrics of whether to grant bail or not rather than quick dispensation of justice. Remember a not guilty conviction is also a verdict. So i expect Hon. Francis Andayi to determine if Babu Owino is guilty or not guilty at his earliest convenience so that Kenyans of goodwill can move-on to other matters.


After 7 days in remand prison Hon. Babu Owino has been granted cashbail of a staggering Kshs. 10 million. This is a huge amount even for a Kenyan MP and it will be interesting to know how Babu will raise it. The Newspapers have reported that the bail will be paid in 4 installments and that the bail will be used to cater for a Nairobi Hospital bill for the youngman(DJ Evolve).So far

The presiding Magistrate has set a date of February 6 2020 as the date for a "pre-trial" before the real pre-trial. Meaning on the 6th February 2020 Hon. Andayi will just sit with lawyers and set rules for the trial as opposed to beginning the trial. I find this a waste of time and another bottleneck/loophole in the Kenyan justice system. In other jurisdictions the rules for trial are set within 48hrs.The magistrate should not waste time. There should be no excuses or technicalities to delay hearing of this case.

Not only justice be done, but must be seen to be done...McCarthy(1924).

Remember, the aim of this thread is to count how many days a high profile case(they are many,sio hii peke yake) takes to be concluded in a Kenyan court. I am not interested in the verdict(guilty or not guilty), i am more interested in the speed of justice in this nation especially when the suspects are the so called "high and mighty.

So far this case is 10 days old ever since Babu was arrested and 7 days old ever since he took plea.
Dumb money becomes dumb only when it listens to smart money
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