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Rutos utterances on war against terrorism!
B.Timer
#1 Posted : Tuesday, May 06, 2014 12:03:54 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

Was it in order to mention names of suspects in a public press conference!

Don’t you think it might work against our interests as Kenyans interested in justice especially in the fight against terrorism!

The suspects lawyers will have a field day citing prejudice coming from high places – more like tacit directive by the executive on the direction the case should take!

I also have an issue with the blame he levelled on the Judiciary!

Is it not our laws they have been interpreting!

If in view of the prevailing challenges we need a more assertive judicial approach to these matters, is it not our collective duty, and specifically that of our legislative arm of government to steer the Country towards the appropriate set of laws!

Our current set of laws are quite liberal. Whether that’s good or bad is a different debate altogether.

It is to be noted however that many people including the DP have been beneficiaries of these kind of liberal laws here and overseas.

That aside, I firmly support the war on terrorism just as I support Kenya’s troops entry into Somalia and the continued stay there till the job is done or for as long as it is necessary.


Dunia ni msongamano..
MKWASI
#2 Posted : Tuesday, May 06, 2014 1:45:54 PM
Rank: Member

Joined: 4/20/2012
Posts: 888
The blame on the Judiciary is in order; In their quest to follow the law, they forgot the nation's interest and circumstances of a case.

Mentioning names of the two suspects should have been done differently.

He faired well on the questions from journalists. Our friend; Melon must have admired the way questions are answered.
Euge
#3 Posted : Tuesday, May 06, 2014 2:00:48 PM
Rank: Elder

Joined: 8/4/2008
Posts: 2,849
Location: Rupi
MKWASI wrote:
The blame on the Judiciary is in order; In their quest to follow the law, they forgot the nation's interest and circumstances of a case.

Mentioning names of the two suspects should have been done differently.

He faired well on the questions from journalists. Our friend; Melon must have admired the way questions are answered.


Agreed. Hawa watu should not be given bond coz they regroup to commit more crime.
Lord, thank you!
mkonomtupu
#4 Posted : Tuesday, May 06, 2014 2:22:27 PM
Rank: Veteran

Joined: 2/10/2010
Posts: 1,001
Location: River Road
“in times of war, the law falls silent”(Silent enim leges inter arma)Marcus Tulius Cicero

I support Ruto on this one even in the US when the issue of enemy combatants came before the supreme they said detain such thugs for the duration of the conflict. Hamdi Vs Rumsfield

Quote:
There can be no doubt that individuals who fought against the United States in Afghanistan as part of the Taliban, an organization known to have supported the al Qaeda terrorist network responsible for those attacks, are individuals Congress sought to target in passing the AUMF. We conclude that detention of individuals falling into the limited category we are considering, for the duration of the particular conflict in which they were captured, is so fundamental and accepted an incident to war as to be an exercise of the "necessary and appropriate force" Congress has authorized the President to use. [...] A citizen, no less than an alien, can be "part of or supporting forces hostile to the United States or coalition partners" and "engaged in an armed conflict against the United States," [...]; such a citizen, if released, would pose the same threat of returning to the front during the ongoing conflict [as an alien].[...] Because detention to prevent a combatant's return to the battlefield is a fundamental incident of waging war, in permitting the use of "necessary and appropriate force", Congress has clearly and unmistakably authorized detention in the narrow circumstances considered here. [...] Under the definition of enemy combatant that we accept today as falling within the scope of Congress' authorization, Hamdi would need to be "part of or supporting forces hostile to the United States or coalition partners" and "engaged in an armed conflict against the United States" to justify his detention in the United States for the duration of the relevant conflict.


Justice Thomas in that decision captured it so well that judges cannot be commanders in chief and courts simply lack the relevant information and expertise to second guess determinations made by the President based on information properly withheld
B.Timer
#5 Posted : Tuesday, May 06, 2014 3:01:34 PM
Rank: Veteran

Joined: 5/31/2008
Posts: 1,076

To detain the suspects, Judges need a reference in law.
If we desire such a situation as a country, lets have the law say so.

In the absence of such, we shouldnt demand or expect our Judges to carry out business outside the law!


Dunia ni msongamano..
keraka
#6 Posted : Tuesday, May 06, 2014 3:19:46 PM
Rank: Member

Joined: 2/24/2010
Posts: 637
Location: Nairobi
B.Timer wrote:

To detain the suspects, Judges need a reference in law.
If we desire such a situation as a country, lets have the law say so.

In the absence of such, we shouldnt demand or expect our Judges to carry out business outside the law!



Note that as much as all offences are currently bailable in Kenya.The constitution envisages judicial discretion on each case on its own merits hence variously guys thought to have committed capital offences have been denied bail on various reasons such as interference with witnesses,fleeing,committing other crimes etc.We have hundreds of judicial authorities n precedents on this.Problem is we have a judiciary which does not want to think outside the box in interrogating the thinking of the drafters of the constitution.


The only thing necessary for the triumph of evil is for good men to do nothing.
mkonomtupu
#7 Posted : Tuesday, May 06, 2014 3:57:02 PM
Rank: Veteran

Joined: 2/10/2010
Posts: 1,001
Location: River Road
B.Timer wrote:

To detain the suspects, Judges need a reference in law.
If we desire such a situation as a country, lets have the law say so.

In the absence of such, we shouldnt demand or expect our Judges to carry out business outside the law!




I looked at the Prevention of Terrorism Act and must say that law is a piece of jokes..d'oh! d'oh! d'oh! .I withdraw and apologize. With this kind of law al-shetains must be rolling on the ground

Quote:
Section 4.
Commission of a terrorist act
(1)A person who carries out a terrorist act commits an offence and is liable, on conviction, to imprisonment for a term not exceeding thirty years.
(2)Where a person carries out a terrorist act which results in the death of another person, such person is liable, on conviction, to imprisonment for life.


Quote:
A person arrested under section 24 (referred to as the suspect) shall not be held for more than twenty-four hours after his arrest unless—
(a)the suspect is produced before a Court and the Court has ordered that the suspect be remanded in custody; or
(b)the twenty-four hours ends outside ordinary court hours or on a day that is not an ordinary court day.
(2)A police officer holding a suspect under subsection (1) may release that suspect at any time before the expiry of twenty-four hours on condition that the suspect appears before the Court or such other place as may be specified, in writing, by the police officer and may, for this purpose, require the suspect to execute a bond of a reasonable sum on the suspect’s own recognizance.
(3)A police officer shall not re-arrest a suspect who is released under subsection (2) for the same offence unless—
(a)he has applied for, and obtained a warrant of arrest; and
(b)further evidence has come to light justifying the re-arrest of the suspect.
washiku
#8 Posted : Tuesday, May 06, 2014 4:12:00 PM
Rank: Chief

Joined: 5/9/2007
Posts: 13,095
The Anti-Terorrism Law needs to be re-looked into, that is a fact. However, even within the current law, The constitution grants a right for bail to each and every criminal suspect at first instance. However, the bail may be denied if there is COMPELLING reasons to do so. Maybe judges should use that and compel themselvessmile for the sake of the country.
KulaRaha
#9 Posted : Tuesday, May 06, 2014 4:14:46 PM
Rank: Elder

Joined: 7/26/2007
Posts: 6,514
When you have cops who arrest 700 guys everyday, how simple do you think it is for the judges to figure who's innocent and who's guilty? Ruto blames the judges when really the blame lies with his useless security organs...
Business opportunities are like buses,there's always another one coming
TAZ
#10 Posted : Tuesday, May 06, 2014 4:31:38 PM
Rank: Elder

Joined: 11/14/2007
Posts: 4,152
KulaRaha wrote:
When you have cops who arrest 700 guys everyday, how simple do you think it is for the judges to figure who's innocent and who's guilty? Ruto blames the judges when really the blame lies with his useless security organs...


d'oh! d'oh!
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