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This is purely Assault ,is it worth persuing in court
Rank: New-farer Joined: 3/29/2011 Posts: 63
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I now have a feeling that we can lodge complain on Incompetency(manifest of injustice) of Public officer,as stated;-
Article 59(2) (i) of the Constitution further requires the Commission to investigate complaints on;
•Abuse of power
•Manifest injustice and;
•Unlawful, oppressive, unfair or unresponsive official conduct
Let me discuss this with my guy,i will give him CAJ contact to lodge complain himself since he has full details ....
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Rank: Elder Joined: 4/30/2008 Posts: 6,029
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jjred wrote:I now have a feeling that we can lodge complain on Incompetency(manifest of injustice) of Public officer,as stated;-
Article 59(2) (i) of the Constitution further requires the Commission to investigate complaints on;
•Abuse of power
•Manifest injustice and;
•Unlawful, oppressive, unfair or unresponsive official conduct
Let me discuss this with my guy,i will give him CAJ contact to lodge complain himself since he has full details .... Don't waste time with lodging complaints without adequate evidence to back you up.Get a good advocate and let him do his work or know how to talk to people,this is a small matter which obviously lacks credible witnesses.As for 21st,that day is for mention i.e to confirm if he has been released on bail or not,nothing else.
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Rank: New-farer Joined: 10/13/2011 Posts: 67 Location: Kenya
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@Jired, the magistrate is just following the law. If your guy pleads not guilty, he has to buy his freedom through cash bail which is a normal court procedure. You are making it appear like the magistrate asked you for 40k. The court must follow its due process. If you were not ready for it, then you should have forfeited the police bond coz I do not think anyone would have come looking for your guy.
How sure are you your guy did not have the fake notes, could be true also.
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Rank: Elder Joined: 7/1/2011 Posts: 8,804 Location: Nairobi
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@jjred, you have done well to remind me of God. For ultimately, the laws depend on Him.
This is also a moment for prayer, that justice may prevail. I cannot imagine justice without prayer anymore!
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Rank: New-farer Joined: 3/29/2011 Posts: 63
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@thanks tycho,at the moment personally am powerless,May the God of heavens who allows everything to happen and knows the truth intervene.
Fot those who didnt understand what the 40k is all about,once again its a cash bail.I didnt mention bribe anywhere....infact so far nobody including the poice has asked for bribe.Since the incidence,its only the Agent who has been pushing the tenant to Pay rent or face eviction.Infact,they were telling him why he had to pay the first police bond instead of using that money to pay rent.
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Rank: Member Joined: 5/7/2010 Posts: 282 Location: Nairobi
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@jjred, it seems your guy has been put on the defensive. Did your guy ever prefer the assault charges against the agent?
You are at war and need all the ammunition you can gather. You may need to put the agent on the defensive even if before a different court.
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Rank: New-farer Joined: 3/29/2011 Posts: 63
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@sky5,he has a medical report but his lawyer told him that its a bit tricky since he has got no witness when he was being beaten so it might not succeed for luck of evidence.
How can we put the agent on the defensive,it it by sueing him differantly?please share
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Rank: Veteran Joined: 11/17/2012 Posts: 1,461 Location: Ngong Forest
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jguru wrote:jjred, just settle, pay the cash if need be, have the case discontinued, walk away and forget about all this. Tough luck, your friend got conned and beaten. Courts and lawyers in Kenya are for politicians and rich people. Justice is a ridiculous sham. Kweri kabisa! umesahau hardcore criminals they always win.
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Rank: Member Joined: 6/4/2008 Posts: 394
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alma wrote:@jjred my advice is only offered since you need to see reality first in order to deal with such an issue.
Do not take it lightly.
I'm of the view that if he's innocent, he will walk. How he walks is the issue. There are two ways:
1. Settle out of court. In which case you will hate the fellow and possibly yourself. But it is an option based on the realities of the magistrate courts in Kenya.
Don't for one minute trust anyone that says that the judiciary is reformed. His freedom is too important to be grounded on here-say.
But it is an option you should sit down and think very soberly about. Talk to your pastor if you have to. But think about it.
2. Go the full hog and challenge it. This option is best for the spirit but full of many holes in your finances.
Mnandii has some good suggestions. I like the one of moving the case to a higher court. And the ombudsman. Even cops are afraid of being interrogated.
I would suggest you take your time a look for an honest hard working lawyer. You will need him/her. Please don't go for the cheap lawyer who promised you sure success. Go for one who's good and understands the system.
In this case, simama kidete and let the cops have to prove their case.
The truth of the matter is, its a he says, she says case so your lawyer had better be damn good.
My experience is that most lawyers I've seen in those court rooms should be hanged.
I'm for not bribing and sticking to honesty and integrity. But that's just me. I have stood in those court rooms and told a cop in his face that he's a liar and his children should be ashamed.
It is not easy going through the process for a minimum of 1 year when they will do anything to delay the process.
Those are just the facts.
It's up to you to figure out what is best for yourselves.
But don't swallow the cool aid that there is anything easy about your situation. God just handed you another card. Play it wisely and shrewdly.
I can give you horror stories in those magistrates courts so be wise and everything should be fine in the end.
Do keep us updated.
@ Alma, how do you settle such case out of court. I belief the complainant is the state Doors of opportunity don't just open , they have to be unlocked & it's up to you to turn the knob.
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Rank: Member Joined: 5/31/2009 Posts: 226
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this should have been settled before it got to the courts and the thieving clerk(if true) dealt with na jeshi ya mzee Gumo style but now u must challenge it in court. Have no fear because no case can succed without witnesses actualy it should never have made it to the police charge sheet. If the magistrate is good it should be dropped soon for lack of evidence unless ni defilement where the victim identifies the attacker and semen collected or pieces of clothing at scene
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This is purely Assault ,is it worth persuing in court
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