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Detention without Trial!
McReggae
#21 Posted : Friday, May 28, 2010 11:18:48 AM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Muganda,
Precisely why I told her/him to understand the current constitution first. Some of the things Mathukuma points out as flaws in the draft are worse in the current constitution!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Mpenzi
#22 Posted : Friday, May 28, 2010 11:22:13 AM
Rank: Veteran


Joined: 10/17/2008
Posts: 1,234
muganda wrote:
@masukuma, new constitution only allows for detention without trial in a state of emergency (art 58). This in stark contrast to current constitution which allows derogation of rights and freedoms from time to time.

Freedom and security of the person
29. Every person has the right to freedom and security of the person, which includes the right not to be—
(a) deprived of freedom arbitrarily or without just cause;
(b) detained without trial, except during a state of emergency, in which case the detention is subject to Article 58;

(c) subjected to any form of violence from either public or private sources;
(d) subjected to torture in any manner, whether physical or psychological;
(e) subjected to corporal punishment; or
(f) treated or punished in a cruel, inhuman or degrading manner.

Article 49 lists rights of arrested persons

Article 51 further lists rights of persons detained, held in custody or imprisoned including right to petition for an
order of habeas corpus (long been celebrated as the most efficient safeguard of individual liberty)


@muganda
I sure hope you are not suggesting that one can be detained without trial under the current constitution (when no state of emergency has been declared). The provisions for such detention without trial under both the current constitution and the Preservation of Public Security Act were repealed in the 1990s.
muganda
#23 Posted : Friday, May 28, 2010 1:47:01 PM
Rank: Elder


Joined: 9/15/2006
Posts: 3,903
Bwana Mpenzi, thank you for enlightening us all smile
nanfor1
#24 Posted : Friday, May 28, 2010 1:50:42 PM
Rank: Member


Joined: 11/30/2009
Posts: 141
on a serious note. Did this small boy masukuma go to school? I know english is a difficult language but understanding english should not be that difficult should it?
Hata wakizima taa
masukuma
#25 Posted : Friday, May 28, 2010 3:48:47 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
nanfor1 wrote:
on a serious note. Did this small boy masukuma go to school? I know english is a difficult language but understanding english should not be that difficult should it?

this is what we call matusi but i will not gratify you with the answer.
English maybe a hard language to some especially those who confess it.
can someone tell me after the first arraignment in court how long the prosecution has to prove its case against you? Thats thinly veiled Detention Without Trial (Coz you have been taken to court but not yet charged)
All Mushrooms are edible! Some Mushroom are only edible ONCE!
nanfor1
#26 Posted : Friday, May 28, 2010 3:56:16 PM
Rank: Member


Joined: 11/30/2009
Posts: 141
I am very sorry masukuma if I thought that you have very little use of the english dictionary.

There is a difference between detention and detention without trial in matters of law. but I now believe you know the difference seeing your arguments on this post and others on wazua. My bad.

I would kindly refer you to the history of Kenya and detention. It would also do you good to know that your leader of the No movement Mr. Moi practised it with impunity in the constitution you are now using.

However, seeing that you believe that the new constitution is bad since it has that "thinly veiled" detention thingy, I know you really hate this current one because it has been used and can be used at any time.

but since I became a No person, I support you wholeheartedly even though it is obvious that you may be imbibing too much of the holy "spirits".

Voting No is a calling and I support you in the endevour.
Hata wakizima taa
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