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This is purely Assault ,is it worth persuing in court
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GGK
#61 Posted : Monday, January 14, 2013 10:44:48 AM
Rank: Member


Joined: 11/21/2006
Posts: 608
Location: Ruiru
Interesting read,

My pal also had a fake currency issue with City Council of Nairobi parking attendants.

The criminal case went full length an he was found not guilty.

He sued the City Council of Nairobi for damages and was and was awarded damages. The whole process has taken 7 years..... yes 7 years.

If you have time and resources, its worth the to follow it to its logical conclusion.

For me, I would settle it out of court any day
"..I am because we are. "― Ubuntu, Umtu,
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Impunity
#62 Posted : Monday, January 14, 2013 11:51:56 AM
Rank: Elder


Joined: 3/2/2009
Posts: 26,328
Location: Masada
GGK wrote:
Interesting read,

My pal also had a fake currency issue with City Council of Nairobi parking attendants.

The criminal case went full length an he was found not guilty.

He sued the City Council of Nairobi for damages and was and was awarded damages. The whole process has taken 7 years..... yes 7 years.

If you have time and resources, its worth the to follow it to its logical conclusion.

For me, I would settle it out of court any day


What was he awarded?
Portfolio: Sold
You know you've made it when you get a parking space for your yatcht.
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maka
#63 Posted : Monday, January 14, 2013 3:53:41 PM
Rank: Elder


Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
jjred wrote:
Please advise fellow Wazuans whether this case is arguable in court.

A guy is sent by a friend who has just withdrawn kshs.10, 000 from ATM to pay for him rent at the agent’s office. He folds the money, puts in his wallet set off to the office. On arrival, the cashier receives the money, puts inside the drawer and finally remembers that he hasn’t confirmed whether they are valid or not. He later retrieves the straight notes remember not the original folded notes and insist that he has been given fake notes.

When this guy insists that those are not his notes, he lands on him with kicks and blows. So this guy calls his friend to notify him what is going on and because his friend trust him a lot, he told them that he is involving the police but on hearing that, the agents calls the police faster who came immediately, arrest the guy, took him to cell who was later bailed on cash by his friend.


The guy tried to tell the police to open the drawer to confirm that there are no genuine notes which were exchanged for cash but they turned deaf ears. Fortunately, the guy did not touch the fake notes. He late wrote a statement with the police and he is planning to involve a lawyer since he is supposed to appear on court next week.

Can he win the case

First of all he can file both a civil suit and lodge a criminal complaint against the Cashier for assault.Depending on whether the assault was a common assault or one causing bodily harm under Section 251 of the Penal Code the Cashier on conviction could be imprisoned for 5 yrs. Secondly how did the cashier determine the notes were fake? What machine or equipment did he use? Only the Government analyst can make that determination. According to Section 367 of the Penal Code the burden of proof is on them to show that the person had ulterior intentions or a guilty mind or mens rea as we call it in law.
possunt quia posse videntur
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Ngong
#64 Posted : Monday, January 14, 2013 10:29:46 PM
Rank: Veteran


Joined: 11/17/2012
Posts: 1,461
Location: Ngong Forest
I agree with @GGK above.
This is how Kenya police make little cash aside to top up their salaries,this they are trained at kiganjo and practice with vigor at stations.
The merits of a case doesn't matter to them, what matters is the quick cash before the next officer takes over!
If you can sort the matter before police station,good for the arresting officer(s).
At the police station,the bread for the arresting officer becomes small,thats why you are not booked to the OB direct but to a kasmall book or paper.
If now booked in the OB the arresting officer is very mad since he is now out of the game and real police work begins for him.
At this point is when extra charges appear to revenge on you.
Now the ball is squarely in the OCS court for him to skim by asking for cash bail which in most cases is a bribe.
If you give the cash bail you can postpone your appearing in court forever.
The next stage is the prosecutor [who is mostly a policeman] and the court clerks,remember they have your cash bail,if you can make it to the courts by say 6 am you can make deals with them and let them share the cash bail,failure to this you are in problems.
You make one simple mistake of coming late for a mention of case and they will be many, a warrant of arrest is issued and you might be just outside there and they know it and there you go to industrial area prison remand till your case is finished or the next hearing 14 days to come!
THE FACTS OF THE CASE DON'T MATTER IN THIS CHAIN,IT'S BUSINESS!
In our Kenya people to avoid:

1.Kenya Police
2.Lawyers
3.Conmen [mostly in designer suits]

Thugs are okay to some extent you can defend yourself!
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