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Ocampo Strikes...ICC summons the SIX.
Theu
#41 Posted : Wednesday, March 09, 2011 2:33:17 PM
Rank: Member


Joined: 6/18/2008
Posts: 353
For Sport wrote:
acheni kucelebrate mapema.
it's a long road to justice

wacha tucelebrate, at least there is a road..! na watu wanaendelea kukonda, ili iwe funzo kwa wengine. I still believe were it not for MO and the icc process referundum would have brought more mayhem.
Njung'e
#42 Posted : Wednesday, March 09, 2011 2:40:49 PM
Rank: Elder


Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
@Ngalaka,
I am not populist in anyway but be frank and honest.If your boss says go to hell,do you hike the next available means??...and as we talk,the idiot is meeting Ban Ki-Moon while hundreds of Kenyans are outside the UN HQs protesting at the VPs action and by large,his master's!!....KM would have had more to gain by going with the wish of Kenyans.The very same people he will come to for votes long after MK becomes irrelevant.....His greed won't let him reason with his feet firmly on the ground......what a shame this man is!!

http://www.nation.co.ke/.../-/110ojlez/-/index.html
Nothing great was ever achieved without enthusiasm.
McReggae
#43 Posted : Wednesday, March 09, 2011 3:58:31 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
All but Muthaura have promised to honour ICC April 7 summonApplause Applause Applause

Question is, should they continue to hold public offices now that they have a case to answer!!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
nostoppingthis
#44 Posted : Wednesday, March 09, 2011 5:52:03 PM
Rank: Chief


Joined: 8/24/2009
Posts: 5,909
Location: Nairobi
Remember:

Hague is not their mother. we will defend ourselves here and there-Uhuru.
Hague itachukua miaka mingi and before it starts, some of us will no longer be there.-W. Ruto

With this statement, was WR admitting to being guilty?
keraka
#45 Posted : Wednesday, March 09, 2011 6:10:30 PM
Rank: Member


Joined: 2/24/2010
Posts: 637
Location: Nairobi
Whichever way we look at it,I still think the six gentlemen have a long way to go based on how the kenyan state has handled this issue all together.
The only thing necessary for the triumph of evil is for good men to do nothing.
masukuma
#46 Posted : Thursday, March 10, 2011 12:09:12 PM
Rank: Elder


Joined: 10/4/2006
Posts: 13,821
Location: Nairobi
the journey is long - its a summons to attend pre-trial hearings, before the trial.
Its going to be very long trial, plus the court can decide at any one point to throw out the case. I suspect PEV victims may not get justice in this manner since most of the evidence is quite circumstantial and really feeble - imagine accusing Major General Ali with Rape and murder coz he did not stop the Mungiki and with murder because he stopped those those in Mathare, Kibera and Kisumu.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
Robinhood
#47 Posted : Thursday, March 10, 2011 12:25:26 PM
Rank: Elder


Joined: 12/11/2008
Posts: 2,306
@Masukuma, this is just the way the ICC works. All Ocampo needs to prove is that Ali must have known that crimes were about to be committed and took no action to prevent the crimes. That may not be so difficult to prove I think.
Great men are not always wise, neither do the aged understand judgement...
TAZ
#48 Posted : Thursday, March 10, 2011 12:47:07 PM
Rank: Elder


Joined: 11/14/2007
Posts: 4,152
Robinhood wrote:
@Masukuma, this is just the way the ICC works. All Ocampo needs to prove is that Ali must have known that crimes were about to be committed and took no action to prevent the crimes. That may not be so difficult to prove I think.


I'm not much of a lawyer but don't you think Ali would just state that there was some sort of "mutiny" in the police force that somehow made it difficult for him to assert his authority as Commissioner of Police....i think this guy will be the least worried of the six. Anyway, tungoje uamuzi wa mahakama!
Robinhood
#49 Posted : Thursday, March 10, 2011 1:47:17 PM
Rank: Elder


Joined: 12/11/2008
Posts: 2,306
@TAZ, and the mutiny was only in Naivasha and not in Kisumu and other places where the police shot demonstrators at will? I am no lawyer either, but I am sure there are grounds for the charges.
Great men are not always wise, neither do the aged understand judgement...
Ngalaka
#50 Posted : Thursday, March 10, 2011 2:32:18 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
I tend to think too, that Ali's case isnt too bad.
This is unless Ocampo has evidence that he was part of the plan to give Mungiki un-hindered passange to attack people.

Even then the question that will arise is do the crimes so committed constitute what is defined as crimes against humanity!
The above should also form part of Uhurus arguments.

The question of Ali not having done enough to prevent Naivasha and Nakuru killings should not be viewed in isolation of him also not having done enough to prevent the crimes committed in Kericho, Edoret, Kisumu, Kibera, Mombasa etc etc.

Isuni yilu yi maa me muyo - ni Mbisuu
McReggae
#51 Posted : Thursday, March 10, 2011 3:15:17 PM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Several mps led by Cherangany Mp Joshua Kutuny urge the ICC to speed up the Ocampo six cases before 2012 ****** The mps say the move ...will give a chance to those implicated to be cleared and participate in the elections
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
Wendz
#52 Posted : Thursday, March 10, 2011 4:32:40 PM
Rank: Elder


Joined: 6/19/2008
Posts: 4,268
masukuma wrote:
the journey is long - its a summons to attend pre-trial hearings, before the trial.
Its going to be very long trial, plus the court can decide at any one point to throw out the case. I suspect PEV victims may not get justice in this manner since most of the evidence is quite circumstantial and really feeble - imagine accusing Major General Ali with Rape and murder coz he did not stop the Mungiki and with murder because he stopped those those in Mathare, Kibera and Kisumu.


@Masukuma, i think the argument will be the same as those of Sadam, El Bashir, and the guy who was still fathering while there.....(i forget). I doubt any of these took a gun and shot anyone. but they were in power to order and stop the shootings but they did not. Either, because they were benefiting from it, or someone else was.

In Ali's case, they could argue that he had the mandate over the police force.... he would have stopped the "shoot to kill" order of unarmed civilians....

The issue usually is, did you have the power to do something about it and was it your responsibility to do something about it and you did not, or were your 'failures' to act done to benefit/injure someone else.... i think that might be the line of argument and not necessarily that he committed the actual crime himself... for example, if i sent my beautiful underage daughter to go and steal, dont you think i will be the one to answer to the judge and not her? If she is of age, i will be an accomplice..... either way, it will still get back to me..... (argued from a layman's point of view).
Ngalaka
#53 Posted : Thursday, March 10, 2011 6:12:57 PM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Wendz wrote:
masukuma wrote:
the journey is long - its a summons to attend pre-trial hearings, before the trial.
Its going to be very long trial, plus the court can decide at any one point to throw out the case. I suspect PEV victims may not get justice in this manner since most of the evidence is quite circumstantial and really feeble - imagine accusing Major General Ali with Rape and murder coz he did not stop the Mungiki and with murder because he stopped those those in Mathare, Kibera and Kisumu.


@Masukuma, i think the argument will be the same as those of Sadam, El Bashir, and the guy who was still fathering while there.....(i forget). I doubt any of these took a gun and shot anyone. but they were in power to order and stop the shootings but they did not. Either, because they were benefiting from it, or someone else was.

In Ali's case, they could argue that he had the mandate over the police force.... he would have stopped the "shoot to kill" order of unarmed civilians....

The issue usually is, did you have the power to do something about it and was it your responsibility to do something about it and you did not, or were your 'failures' to act done to benefit/injure someone else.... i think that might be the line of argument and not necessarily that he committed the actual crime himself... for example, if i sent my beautiful underage daughter to go and steal, dont you think i will be the one to answer to the judge and not her? If she is of age, i will be an accomplice..... either way, it will still get back to me..... (argued from a layman's point of view).



Probably not!!!

You commit a crime by playing an ACTIVE role.
Some active roles may take a form of an hidden hand - say you sat in a meeting to plan a crime but didnt participate in the actual killing!

You can not commit a crime by FAILING TO DO ABC!!!
It is important to differentiate ABETTING and failing to do.
In failing to do, you may have tried and got overwhelmed, or you simply werent aware. Sleeping on the job isnt a crime - may be a moral/ethical wrong!

El bashir, Milosevic and Taylor ordered their armed men to act as they acted, - commit crimes.

Ali ordered his police to quell violent riots/crime (looting and evicting people forcibly)

If any police did other things outside the legitimate orders, he is individually liable!!

If that police or anybody else can demonstrate that Ali ordered them to shoot idiscriminately, then Ali will have a case to answer.
Again if there is evidence that Ali met others people to strategise on how to facilitate Mungiki to go and commit crime, then again he is in for it.

The burden of proof is with Ocampo.
Lets wait and see what he's got.
Isuni yilu yi maa me muyo - ni Mbisuu
kenmac
#54 Posted : Thursday, March 10, 2011 9:34:28 PM
Rank: Elder


Joined: 5/26/2009
Posts: 1,793
McReggae wrote:
Several mps led by Cherangany Mp Joshua Kutuny urge the ICC to speed up the Ocampo six cases before 2012 ****** The mps say the move ...will give a chance to those implicated to be cleared and participate in the elections

they should continue dreaming. Bure kabisa
......Ecclesiastes
Ngalaka
#55 Posted : Thursday, March 17, 2011 10:27:04 AM
Rank: Veteran


Joined: 10/29/2008
Posts: 1,566
Ngalaka wrote:
Wendz wrote:
masukuma wrote:
the journey is long - its a summons to attend pre-trial hearings, before the trial.
Its going to be very long trial, plus the court can decide at any one point to throw out the case. I suspect PEV victims may not get justice in this manner since most of the evidence is quite circumstantial and really feeble - imagine accusing Major General Ali with Rape and murder coz he did not stop the Mungiki and with murder because he stopped those those in Mathare, Kibera and Kisumu.


@Masukuma, i think the argument will be the same as those of Sadam, El Bashir, and the guy who was still fathering while there.....(i forget). I doubt any of these took a gun and shot anyone. but they were in power to order and stop the shootings but they did not. Either, because they were benefiting from it, or someone else was.

In Ali's case, they could argue that he had the mandate over the police force.... he would have stopped the "shoot to kill" order of unarmed civilians....

The issue usually is, did you have the power to do something about it and was it your responsibility to do something about it and you did not, or were your 'failures' to act done to benefit/injure someone else.... i think that might be the line of argument and not necessarily that he committed the actual crime himself... for example, if i sent my beautiful underage daughter to go and steal, dont you think i will be the one to answer to the judge and not her? If she is of age, i will be an accomplice..... either way, it will still get back to me..... (argued from a layman's point of view).



Probably not!!!

You commit a crime by playing an ACTIVE role.
Some active roles may take a form of an hidden hand - say you sat in a meeting to plan a crime but didnt participate in the actual killing!

You can not commit a crime by FAILING TO DO ABC!!!
It is important to differentiate ABETTING and failing to do.
In failing to do, you may have tried and got overwhelmed, or you simply werent aware. Sleeping on the job isnt a crime - may be a moral/ethical wrong!

El bashir, Milosevic and Taylor ordered their armed men to act as they acted, - commit crimes.

Ali ordered his police to quell violent riots/crime (looting and evicting people forcibly)

If any police did other things outside the legitimate orders, he is individually liable!!

If that police or anybody else can demonstrate that Ali ordered them to shoot idiscriminately, then Ali will have a case to answer.
Again if there is evidence that Ali met others people to strategise on how to facilitate Mungiki to go and commit crime, then again he is in for it.

The burden of proof is with Ocampo.
Lets wait and see what he's got.





What are we seeing!
Is Ali slowly but surely getting dis-entangled!


http://www.nation.co.ke/...86/-/8v6q1/-/index.html
Isuni yilu yi maa me muyo - ni Mbisuu
ecstacy
#56 Posted : Thursday, March 17, 2011 10:34:00 AM
Rank: Elder


Joined: 2/26/2008
Posts: 4,449
Ngalaka wrote:
Ngalaka wrote:
Wendz wrote:
masukuma wrote:
the journey is long - its a summons to attend pre-trial hearings, before the trial.
Its going to be very long trial, plus the court can decide at any one point to throw out the case. I suspect PEV victims may not get justice in this manner since most of the evidence is quite circumstantial and really feeble - imagine accusing Major General Ali with Rape and murder coz he did not stop the Mungiki and with murder because he stopped those those in Mathare, Kibera and Kisumu.


@Masukuma, i think the argument will be the same as those of Sadam, El Bashir, and the guy who was still fathering while there.....(i forget). I doubt any of these took a gun and shot anyone. but they were in power to order and stop the shootings but they did not. Either, because they were benefiting from it, or someone else was.

In Ali's case, they could argue that he had the mandate over the police force.... he would have stopped the "shoot to kill" order of unarmed civilians....

The issue usually is, did you have the power to do something about it and was it your responsibility to do something about it and you did not, or were your 'failures' to act done to benefit/injure someone else.... i think that might be the line of argument and not necessarily that he committed the actual crime himself... for example, if i sent my beautiful underage daughter to go and steal, dont you think i will be the one to answer to the judge and not her? If she is of age, i will be an accomplice..... either way, it will still get back to me..... (argued from a layman's point of view).



Probably not!!!

You commit a crime by playing an ACTIVE role.
Some active roles may take a form of an hidden hand - say you sat in a meeting to plan a crime but didnt participate in the actual killing!

You can not commit a crime by FAILING TO DO ABC!!!
It is important to differentiate ABETTING and failing to do.
In failing to do, you may have tried and got overwhelmed, or you simply werent aware. Sleeping on the job isnt a crime - may be a moral/ethical wrong!

El bashir, Milosevic and Taylor ordered their armed men to act as they acted, - commit crimes.

Ali ordered his police to quell violent riots/crime (looting and evicting people forcibly)

If any police did other things outside the legitimate orders, he is individually liable!!

If that police or anybody else can demonstrate that Ali ordered them to shoot idiscriminately, then Ali will have a case to answer.
Again if there is evidence that Ali met others people to strategise on how to facilitate Mungiki to go and commit crime, then again he is in for it.

The burden of proof is with Ocampo.
Lets wait and see what he's got.





What are we seeing!
Is Ali slowly but surely getting dis-entangled!


http://www.nation.co.ke/...86/-/8v6q1/-/index.html


Evidence against Ali seems lightweight. The flipside against Ocampo...what if Major General Ali actually does have evidence of giving instructions to deal with Mungiki or 'armed civilians'? smile...
McReggae
#57 Posted : Thursday, March 17, 2011 10:44:49 AM
Rank: Elder


Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Has anyone noticed that all our "political Bigwigs" from both ODM and PNU have gone silent over the current ICC developments?...lots of secret night meetings are in the offing....strategies and counter strategies are being laid...Ocampo must have touched "some raw nerves".......
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
callaspade
#58 Posted : Thursday, March 17, 2011 10:51:37 AM
Rank: Veteran


Joined: 11/12/2009
Posts: 925
.......there is this cop who shot dead and kicked some 2 demonstrators in Kisumu.....he was later arrested and arraigned in court.
....there is the other tape of a Gsu guy pleading with demonstrators not to burn Kenya.
....i would carry both tapes to the Hague,wouldn't you?
kadonye
#59 Posted : Thursday, March 17, 2011 11:13:05 AM
Rank: Elder


Joined: 5/30/2009
Posts: 1,390
I agree with masukuma on this one.

Unless there is evidence that Ali ordered police to shoot indiscriminately at peaceful crowds and also that he gave orders to them to co-operate with mungiki, he is as good as free.

Again, I like the argument of how police treated complaints of Eldoret victims. There were reports of them taunting the victims with the 'kazi iendelee' slogan when they reported.

Then I feel police were largely in good restraint. Ali could show footage of police blocking demonstrators peacefully at uhuru park and other venues. They were even pleading with Kenyans to be peaceful!

Also let's not forget that a good number of police shootings were meted on armed goons- robbers, rapists, arsonists and other social misfits whose deaths probably saved many others from misery and death.

Hussein Ali does not deserve to be on that list.

What a wicked man I am!The things I want to do,I don't do.The things I don't want to do I find myself doing
simonkabz
#60 Posted : Thursday, March 17, 2011 11:44:03 AM
Rank: Elder


Joined: 3/2/2007
Posts: 8,776
Location: Cameroon
The decorated general has "rape" charges over his head. Totally preposterous. Ocampo is just sick.
TULIA.........UFUNZWE!
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