Rank: Member Joined: 3/19/2013 Posts: 344
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Did the judge say the funds will pay UP TO 10 million of the DJ's hospital care? What happens after that? What if the DJ is not able to work to support himself and his fam?
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Rank: Elder Joined: 2/26/2012 Posts: 15,980
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In short, the treatment of the DJ will be covered by Wajingasisi since after all is said and done Babu will get his 10M back "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
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Rank: Elder Joined: 12/9/2009 Posts: 6,592 Location: Nairobi
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Wakanyugi wrote:T-Bag wrote:2012 wrote:Rahatupu wrote:Lolest! wrote:Interesting. Very interesting Quote:Embakasi East member of Parliament Babu Owino, real name Paul Ongili, has been released on a cash bail of Sh10 million in his case over the shooting of a DJ.
In the ruling on Monday evening, the court said the money will be used to settle the hospital bills of victim DJ Evolve, whose name is Felix Odhiambo Orinda.
The amount will be paid to the court in four installments and will be used to clear all the bills the DJ will incur in the best medical facilities until he recovers fully.
Lawyer Cliff Ombeta said they will pay the amount less the Sh600,000 that the MP paid earlier.
He said Babu acted with impunity when he offered to pay the bills but also noted that detaining him would be tantamount to fully withdrawing the services the DJ is receiving at The Nairobi Hospital, whose doctors say he is stable.
Mr Andayi further said there were compelling reasons to deny the MP bail but that he reconsidered the matter so he can pay the bills.
Any unutilised portion of the Sh10 million will remain deposited in court until the case is concluded. DN print copy quotes Ombeta saying they had already carried 2.5M to court(less the 600K spent on the Dj's bill) Who told the magistrate that the court can appropriate government revenue in form of financial es, bond, bail? I was wondering the same. Because bail is refundable when declared innocent. So, by his actions, the judge is admitting that Babu is guilty. Cash bail is refundable regardless of guilt. You get your money after judgement.....you can even use the money to pay fines or merry with your counsel after a brave fight...... In this case a new precedence has been set by the Koti bandia I think we should not complain. This is justice with a human face. Something missing all too often in Kenya. I believe Judges are allowed to be creative in interpreting the law, to a certain extent of course. The law is not accounting. The law should be accounting. If it's not fair, justice is lost.
BBI will solve it :)
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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2012 wrote:Wakanyugi wrote:T-Bag wrote:2012 wrote:Rahatupu wrote:Lolest! wrote:Interesting. Very interesting Quote:Embakasi East member of Parliament Babu Owino, real name Paul Ongili, has been released on a cash bail of Sh10 million in his case over the shooting of a DJ.
In the ruling on Monday evening, the court said the money will be used to settle the hospital bills of victim DJ Evolve, whose name is Felix Odhiambo Orinda.
The amount will be paid to the court in four installments and will be used to clear all the bills the DJ will incur in the best medical facilities until he recovers fully.
Lawyer Cliff Ombeta said they will pay the amount less the Sh600,000 that the MP paid earlier.
He said Babu acted with impunity when he offered to pay the bills but also noted that detaining him would be tantamount to fully withdrawing the services the DJ is receiving at The Nairobi Hospital, whose doctors say he is stable.
Mr Andayi further said there were compelling reasons to deny the MP bail but that he reconsidered the matter so he can pay the bills.
Any unutilised portion of the Sh10 million will remain deposited in court until the case is concluded. DN print copy quotes Ombeta saying they had already carried 2.5M to court(less the 600K spent on the Dj's bill) Who told the magistrate that the court can appropriate government revenue in form of financial es, bond, bail? I was wondering the same. Because bail is refundable when declared innocent. So, by his actions, the judge is admitting that Babu is guilty. Cash bail is refundable regardless of guilt. You get your money after judgement.....you can even use the money to pay fines or merry with your counsel after a brave fight...... In this case a new precedence has been set by the Koti bandia I think we should not complain. This is justice with a human face. Something missing all too often in Kenya. I believe Judges are allowed to be creative in interpreting the law, to a certain extent of course. The law is not accounting. The law should be accounting. If it's not fair, justice is lost. That may be easy to say when you are not caught up in the purist absurdity of law. I recall a 70 year old mzee in Nyanza sentenced to 10 years in prison because he was caught with a single roll of bangi. He tried to explain that he had smoked the stuff for 50 years plus, as pure recreation, never sold, never harmed anybody. But the law then had set a minimum 10 year sentence for drug possession and that is what he got. The Judge was reduced to an accountant. Justice suffered. The same legal accounting would now imply that DJ Evolve 'ajipange', essentially at the discretion of the same thug who shot him. That may be law to you, it is certainly not justice. "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)
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Rank: Veteran Joined: 1/10/2015 Posts: 961 Location: Kenya
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Wakanyugi wrote:2012 wrote:Wakanyugi wrote:T-Bag wrote:2012 wrote:Rahatupu wrote:Lolest! wrote:Interesting. Very interesting Quote:Embakasi East member of Parliament Babu Owino, real name Paul Ongili, has been released on a cash bail of Sh10 million in his case over the shooting of a DJ.
In the ruling on Monday evening, the court said the money will be used to settle the hospital bills of victim DJ Evolve, whose name is Felix Odhiambo Orinda.
The amount will be paid to the court in four installments and will be used to clear all the bills the DJ will incur in the best medical facilities until he recovers fully.
Lawyer Cliff Ombeta said they will pay the amount less the Sh600,000 that the MP paid earlier.
He said Babu acted with impunity when he offered to pay the bills but also noted that detaining him would be tantamount to fully withdrawing the services the DJ is receiving at The Nairobi Hospital, whose doctors say he is stable.
Mr Andayi further said there were compelling reasons to deny the MP bail but that he reconsidered the matter so he can pay the bills.
Any unutilised portion of the Sh10 million will remain deposited in court until the case is concluded. DN print copy quotes Ombeta saying they had already carried 2.5M to court(less the 600K spent on the Dj's bill) Who told the magistrate that the court can appropriate government revenue in form of financial es, bond, bail? I was wondering the same. Because bail is refundable when declared innocent. So, by his actions, the judge is admitting that Babu is guilty. Cash bail is refundable regardless of guilt. You get your money after judgement.....you can even use the money to pay fines or merry with your counsel after a brave fight...... In this case a new precedence has been set by the Koti bandia I think we should not complain. This is justice with a human face. Something missing all too often in Kenya. I believe Judges are allowed to be creative in interpreting the law, to a certain extent of course. The law is not accounting. The law should be accounting. If it's not fair, justice is lost. That may be easy to say when you are not caught up in the purist absurdity of law. I recall a 70 year old mzee in Nyanza sentenced to 10 years in prison because he was caught with a single roll of bangi. He tried to explain that he had smoked the stuff for 50 years plus, as pure recreation, never sold, never harmed anybody. But the law then had set a minimum 10 year sentence for drug possession and that is what he got. The Judge was reduced to an accountant. Justice suffered. The same legal accounting would now imply that DJ Evolve 'ajipange', essentially at the discretion of the same thug who shot him. That may be law to you, it is certainly not justice. So what will be next? The courts may be asking rapists to pay for abortions and arvs and counselling for their rape victims so that the victims are not left alone "kujipanga" after the rapists have defiled them. Proverbs 13:11 Dishonest money dwindles away, but whoever gathers money little by little makes it grow.
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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sqft wrote:Wakanyugi wrote:2012 wrote:Wakanyugi wrote:T-Bag wrote:2012 wrote:Rahatupu wrote:Lolest! wrote:Interesting. Very interesting Quote:Embakasi East member of Parliament Babu Owino, real name Paul Ongili, has been released on a cash bail of Sh10 million in his case over the shooting of a DJ.
In the ruling on Monday evening, the court said the money will be used to settle the hospital bills of victim DJ Evolve, whose name is Felix Odhiambo Orinda.
The amount will be paid to the court in four installments and will be used to clear all the bills the DJ will incur in the best medical facilities until he recovers fully.
Lawyer Cliff Ombeta said they will pay the amount less the Sh600,000 that the MP paid earlier.
He said Babu acted with impunity when he offered to pay the bills but also noted that detaining him would be tantamount to fully withdrawing the services the DJ is receiving at The Nairobi Hospital, whose doctors say he is stable.
Mr Andayi further said there were compelling reasons to deny the MP bail but that he reconsidered the matter so he can pay the bills.
Any unutilised portion of the Sh10 million will remain deposited in court until the case is concluded. DN print copy quotes Ombeta saying they had already carried 2.5M to court(less the 600K spent on the Dj's bill) Who told the magistrate that the court can appropriate government revenue in form of financial es, bond, bail? I was wondering the same. Because bail is refundable when declared innocent. So, by his actions, the judge is admitting that Babu is guilty. Cash bail is refundable regardless of guilt. You get your money after judgement.....you can even use the money to pay fines or merry with your counsel after a brave fight...... In this case a new precedence has been set by the Koti bandia I think we should not complain. This is justice with a human face. Something missing all too often in Kenya. I believe Judges are allowed to be creative in interpreting the law, to a certain extent of course. The law is not accounting. The law should be accounting. If it's not fair, justice is lost. That may be easy to say when you are not caught up in the purist absurdity of law. I recall a 70 year old mzee in Nyanza sentenced to 10 years in prison because he was caught with a single roll of bangi. He tried to explain that he had smoked the stuff for 50 years plus, as pure recreation, never sold, never harmed anybody. But the law then had set a minimum 10 year sentence for drug possession and that is what he got. The Judge was reduced to an accountant. Justice suffered. The same legal accounting would now imply that DJ Evolve 'ajipange', essentially at the discretion of the same thug who shot him. That may be law to you, it is certainly not justice. So what will be next? The courts may be asking rapists to pay for abortions and arvs and counselling for their rape victims so that the victims are not left alone "kujipanga" after the rapists have defiled them. The law is made for human beings, not the other way round. In any case absolutism is aspirational; often merely a figment of our imaginations. Creative interpretation of the law happens all the time. Ask a lawyer. "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)
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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This judge will be impeached. Ati bail money to pay for victims. Where did he learn law? Thieves are not good people. Tumeelewana?
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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alma1 wrote:This judge will be impeached. Ati bail money to pay for victims. Where did he learn law? I hope you are wrong. Some of the Judges and Magistrates who were mentored by Willy Mutunga have brought a refreshing, creative and activist approach to the law that should be encouraged. I know they are often getting slapped down by conservative legal dinosaurs - I understand the Labour Court Judge who tried to resolve the impasse between KNUT and TSC got into some kind of trouble. But they should be encouraged, not threatened with impeachment. Justice should come down from its ivory tower and engage with Wanjiku at her level. "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)
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Rank: Veteran Joined: 6/8/2010 Posts: 1,734
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Wakanyugi wrote:alma1 wrote:This judge will be impeached. Ati bail money to pay for victims. Where did he learn law? I hope you are wrong. Some of the Judges and Magistrates who were mentored by Willy Mutunga have brought a refreshing, creative and activist approach to the law that should be encouraged. I know they are often getting slapped down by conservative legal dinosaurs - I understand the Labour Court Judge who tried to resolve the impasse between KNUT and TSC got into some kind of trouble. But they should be encouraged, not threatened with impeachment. Justice should come down from its ivory tower and engage with Wanjiku at her level. So Babu is Wanjiku or what do you mean, if this precedence was for that guy on the street arrested for smoking recreational marijuana then its ok, but for the politician and a naughty one its a NO Life is an endless adventure
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Rank: Veteran Joined: 7/3/2007 Posts: 1,635
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freiks wrote:Wakanyugi wrote:alma1 wrote:This judge will be impeached. Ati bail money to pay for victims. Where did he learn law? I hope you are wrong. Some of the Judges and Magistrates who were mentored by Willy Mutunga have brought a refreshing, creative and activist approach to the law that should be encouraged. I know they are often getting slapped down by conservative legal dinosaurs - I understand the Labour Court Judge who tried to resolve the impasse between KNUT and TSC got into some kind of trouble. But they should be encouraged, not threatened with impeachment. Justice should come down from its ivory tower and engage with Wanjiku at her level. So Babu is Wanjiku or what do you mean, if this precedence was for that guy on the street arrested for smoking recreational marijuana then its ok, but for the politician and a naughty one its a NO DJ Evolve is Wanjiku in this case. You think the judge should have looked out for his interests? "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)
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