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Monica Kimani
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Fullykenyan
#381 Posted : Wednesday, October 10, 2018 4:28:13 PM
Rank: Member

Joined: 7/27/2014
Posts: 560
Location: Eastlando
As a parent you will definately make lots of mistake. However, let your children always know, your love to them is unconditional. If they feel unconditional love from you, they will forgive any shortcoming you may have had and yes, hug them more often and spend time with them
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mkenyan
#382 Posted : Wednesday, October 10, 2018 4:28:57 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
murchr wrote:
mkenyan wrote:
murchr wrote:
mkenyan wrote:
murchr wrote:
mkenyan wrote:
Obi 1 Kanobi wrote:
Is a murder charge really sustainable for Jacque Maribe. Wouldn't a lesser charge be easier to prove, I hope the DPP has sufficient proof although I will be very surprised if he does, as I would be shocked if the lady could have read news of the death of Monica with a straight face if she was involved.
doesn't really matter. she can be charged with murder and after the hearing the judge convicts for a lesser offence of accessory. disregard those theories of 'if she is not convicted of murder she gets away with it.' same way jowi could be charged with murder and gets convicted of manslaughter instead - remember the dola guy?
Dola got Manslaughter because his lawyer proved that he did not plan to kill his wife (malice aforethought; no intent), the prosecutor was not able to show any prove of a plan or intent to kill. He happened to act (snap) after a disagreement. He presented himself to police Jowi here stole someone's ID and used it to gain entry into her premise (that may be used to show intent to kill)
my point is he was charged with murder but convicted of manslaughter. the court did not acquit him coz murder wasn't proven but instead downgraded it to manslaughter. and my comment was about jackie maribe btw.
Ref to post 343 (d) an intention by the act or omission to facilitate the flight or escape from custody of any person who has committed or attempted to commit a felony
section 206 (d) provides for one of the circumstances that constitute malice aforethought and not murder. malice aforethought is just another prerequisite of murder and not the only one. it does not oust mens rea and actus reus.
Yes and malice aforethought is the prerequisite to murder. So she will need to refutes the fact she did not facilitate the flight someone who had committed a felony.
you seem not to be getting it. malice aforethought need to be accompanied by the actual killing (actus reus). it is in a way a higher standard of proof for mens rea. that prove of malice aforethought you keep on repeating cannot lead to a conviction for murder by itself without one actually killing someone. let me give you a clear example of the same - if in facilitating the flight of someone who has committed a felony maribe killed someone, then even if she did not intend to kill, malice aforethought shall be inferred and her act of killing (done to facilitate the flight of say jowie) shall constitute murder. now on the other hand you seem to be saying that by facilitating the flight of someone who has committed a felony she had a malice aforethought in respect of a murder which had already been committed. that is a wrong interpretation of that provision.
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  | | Edit by user: Wednesday, October 10, 2018 4:31 PM | Reason: Not specified
Hmmmn
#383 Posted : Wednesday, October 10, 2018 4:37:12 PM
Rank: Member

Joined: 8/18/2018
Posts: 121
Fullykenyan wrote:
As a parent you will definately make lots of mistake. However, let your children always know, your love to them is unconditional. If they feel unconditional love from you, they will forgive any shortcoming you may have had and yes, hug them more often and spend time with them
Ukweli mtupu....I still worry about my kids even though they are grown and seem fairly normal productive members of society...One wrong turn can turn into disaster...Jesus fix it for us...
Ce n’est pas si grave...
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murchr
#384 Posted : Wednesday, October 10, 2018 6:51:14 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
Wazuans are gullible
"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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2012
#385 Posted : Wednesday, October 10, 2018 7:44:24 PM
Rank: Elder

Joined: 12/9/2009
Posts: 6,592
Location: Nairobi
murchr wrote:
Wazuans are gullible
Isn't it against the LSK laws for a lawyer to pronounce him/herself publicly on an ongoing case?
BBI will solve it :)
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mkenyan
#386 Posted : Wednesday, October 10, 2018 7:51:49 PM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
murchr wrote:
Wazuans are gullible
that story was in nation awhile back. it has been in the public knowledge for awhile now. but people have been all over on how he was a mercenary just coz he borrowed some uniforms and took photos. even saw someone claim that he has one half closed eye coz he was a sniper Laughing out loudly Laughing out loudly
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tycho
#387 Posted : Wednesday, October 10, 2018 7:54:56 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
mkenyan wrote:
murchr wrote:
Wazuans are gullible
that story was in nation awhile back. it has been in the public knowledge for awhile now. but people have been all over on how he was a mercenary just coz he borrowed some uniforms and took photos. even saw someone claim that he has one half closed eye coz he was a sniper Laughing out loudly Laughing out loudly
Ah! I see the insanity defense is coming up well!
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hardwood
#388 Posted : Wednesday, October 10, 2018 7:57:03 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
2012 wrote:
murchr wrote:
Wazuans are gullible
Isn't it against the LSK laws for a lawyer to pronounce him/herself publicly on an ongoing case?
He's Kenya's dumbest lawyer. Has never addressed any court, never handled even a single case. A thief who stole during nyayo era and he dares call others petty thieves.'
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  | | Edit by user: Wednesday, October 10, 2018 8:21 PM | Reason: Not specified
murchr
#389 Posted : Wednesday, October 10, 2018 8:00:45 PM
Rank: Elder

Joined: 2/26/2012
Posts: 15,980
2012 wrote:
murchr wrote:
Wazuans are gullible
Isn't it against the LSK laws for a lawyer to pronounce him/herself publicly on an ongoing case?
He is acting as a jury not lawyer in this case. If anything no law bars public opinion
"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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hardwood
#390 Posted : Wednesday, October 10, 2018 8:06:13 PM
Rank: Elder

Joined: 7/28/2015
Posts: 9,562
Location: Rodi Kopany, Homa Bay
At least some smart lawyer pointed out DK's stupidity.
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