Where investigators do a shoddy job that is sure to cost them a case. Indeed, the surest way to sabotage a prosecution is to carry out shoddy investigations.

Conversely, lawyers build their reputations from the way they gather evidence and interrogate and corroborate, and sieve and sift it.

Again, how lawyers assemble and interrogate witnesses builds or destroys their reputations as courtroom performers.

Notice that lawyers for Finance minister Uhuru Kenyatta, postmaster-general Hussein Ali and Public Service head Francis Muthaura repeatedly taunted Mr Moreno-Ocampo, and boasted that they had, unlike the prosecution, carried out investigations.

What investigations did Mr Moreno-Ocampo carry out? He did not interview any of these three suspects and yet he knew pretty well that the Rome Statute demands he gathers and inquires into both incriminating and ameliorating evidence.

The prosecutor did not produce phone records to back up claims that the suspects made telephone calls, yet these are readily available from the mobile phone providers.

I am dumbstruck

All along I expected, nay, knew, Mr Moreno-Ocampo had these records! Alas, I am dumbstruck!

The prosecution has alleged the military ferried fighters to theatres of combat but produced no records to back up this.

http://www.nation.co.ke/...08/-/6lfwuu/-/index.html

Raila not agent of change after all

Over the years, the PM has made it a career of reminding Kenyans of the inviolability of freedom of speech, freedom of the press, freedom of expression, freedom of conscience, freedom to hold different opinions, a fair and functioning judicial system and a functioning democratic system. Indeed, he suffered greatly for championing these ideals. These are the reasons why I have supported him over the years.

Early this morning (August 12, 2011), I received information that on July 6th, 2011 when my staff went to the Prime Minister’s Building to collect my leave allowance, a junior employee at the Human Resource department at the OPM was boasting that I would not be returning to work because I had been fired. My staff did not have the courage to tell me of the rumours in case they turned out to be just rumours.

I am also aware that I was not allocated office space at the PM’s Building last year due to mortal fear by the “power men” from Nyanza that I was becoming too powerful and influential. These “power men” believed that my “power” and influence” were emanating from the proximity I had to the PM.

They thought that discarding me at the NHIF Building in Upper Hill, would dilute the perceived power. However, when they noticed that I continued to discharge my functions with complete commitment, diligence and distinction, the power men panicked and resorted to bestiality. But because they are both cowardly and dishonest, they could not face me with their fabrications. They waited until I was on leave to execute their nefarious plans.

So, quite clearly, the PM and those around him simply wanted to “sacrifice” me for parochial, mischievous and malicious political reasons. The PM has acted both dishonourably and disgracefully.

But in doing so, they acted inhumanely, did not follow due process, and grossly breached my legal and constitutional rights. Nobody can justify these acts. I am not a dog that can be brutalized without consequences.

I shall protect and uphold the rule of law and the Constitution. Those who fear democracy, the rule of law and refuse to uphold the Constitution have no business pretending to represent the ideals of the new dawn.

When it comes to issues of justice, truth, respect for human rights, the rule of law and constitutionalism, I have no other option but to be uncompromising.

I know that the people of Kenya and God are on my side on this. The inhumane and bestial way I have been shunted has touched many people. Everybody knows the positive contributions I have made and will continue to make for the well-being of this country.

To the people of Kenya, I want to say: I shall never bend and serve at the whims of parochial selfish interests.

(Mr Miguna used to be the PM advisor on coalition affairs. He is a Barrister & Solicitor)




http://www.capitalfm.co....-my-suspension-in-court/

seconded and thirded

fourtheded

The violence started as a result of inciting the ignorant folks, and we know very well that those who incited are not in Hague.They regard themselves as reformers while they carry innocent blood with them everywhere.

ps
Dont user me !

me thinks its still Raila's fault that guys missed the whole point of the thread

The traffic on museum hill today was madness!! Raila's fault!

Cursed are the pretenders. You know you have blood on your hands, you implicate someone else who is now at the ICC. It is discovered that the witnesses you paid to implicate others are career witnesses. When the truth starts emerging, you threaten to put a grenade in your ass. Kenya has more clever citizens than some idiot wants us to believe.

Do you remember that Jaluo who claimed his family of eight was burnt by Mungiki or kikuyu raiders in Naivasha? It emerges that the fellow did not have a wife, that the white patches he has on his body were not caused by fire but is a skin condition called Vitirigo. He was paid 150,000 to give his story to the media and a girl provided for him to marry and live in Kisumu.

So, this issue of rubbishing allegations on Raila should not be dismissed lightly. He should be investigated and castigated for taking kenyans for fools.

Abiud Ochieng'

14 July 2011

Nairobi — A man who lost his family of nine during the post-election violence in Naivasha has accused former MP Jayne Kihara of playing a role in the chaos.

Mr Bernard Orinda Ndege, 54, said Ms Kihara told a rally near the Naivasha District Hospital that some communities had to leave the area for supporting her rival, Mr John Mututho.

Ms Kihara was defending her seat on a Narc Kenya ticket while Mr Mututho contested on a Kanu ticket.

"She called a gathering near the hospital and said that since people from the Luo and Luhya communities had combined forces to vote for Mr Mututho, they must leave this place," Mr Ndege said.

He was testifying before the Truth, Justice and Reconciliation Commission in Kisumu on Thursday.

Before the violence erupted, he added, all machetes in a local supermarket were bought. He is convinced that these weapons were used in the attacks on Ms Kihara's perceived enemies.

Mr Ndege also accused the police of betrayal. The officers, he said, urged them to go back to their houses and promised to protect them, but they were nowhere when the attacks started in broad daylight.

"In my house, we were shouting for help and our attackers, whom we believe were the Mungikis, were also shouting from outside. They poured petrol on the house and lit fire. I lost all my family members in the inferno," Mr Ndege said.

Nineteen people, including a pregnant woman, were killed in the house.

Most of the victims, Mr Ndege said, were women who had sought refuge in the house after fleeing from panga-wielding youths.

He said the killings were politically instigated, adding that there was evidence that the Mungiki youths earned Sh7,000 every evening for their work in the area.

The killers were transported from Nairobi and other towns, he said.



http://allafrica.com/stories/201107150057.html