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Detention without Trial!
masukuma
#1 Posted : Thursday, May 27, 2010 8:56:57 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
Please feast your eyes on this...

This DAFT constitution just commands that you get informed of the reason of your detention [whether engineered or bogus as long as the alleged offence is not punishable by a fine only or not by imprisonment for not more than six months] on the first day of court, nothing more.
Rights of arrested persons
Quote:

49. (1) An arrested person has the right—
(a) to be informed promptly, in language that the person understands,
of—
(i) the reason for the arrest;
(ii) the right to remain silent; and
(iii) the consequences of not remaining silent;
(b) to remain silent;
(c) to communicate with an advocate, and other persons whose assistance
is necessary;
(d) not to be compelled to make any confession or admission that could
be used in evidence against the person;
(e) to be held separately from persons who are serving a sentence;
(f) to be brought before a court as soon as reasonably possible, but not
later than––
(i) twenty-four hours after being arrested; or
(ii) if the twenty-four hours ends outside ordinary court hours,
or on a day that is not an ordinary court day, the end of
the next court day;
(g) at the first court appearance, to be charged or informed of the reason for the detention continuing, or to be released; and
(h) to be released on bond or bail, on reasonable conditions, pending a
charge or trial, unless there are compelling reasons not to be released.
(2) A person shall not be remanded in custody for an offence if the offence is
punishable by a fine only or by imprisonment for not more than six months.

there is no period specified to which you can be held as a guest of the state. As long as it conforms to the above - your constitutional rights of an arrested person have been met. Woe unto you if you are accused of murder.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#2 Posted : Thursday, May 27, 2010 9:02:02 PM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
p.s According to you have an obligation to respect, uphold and defend this draft whether you vote for it or not.
Quote:

Defence of this Constitution
3. (1) Every person has an obligation to respect, uphold and defend this
Constitution.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
chepkel
#3 Posted : Friday, May 28, 2010 7:05:55 AM
Rank: Member

Joined: 4/6/2010
Posts: 741
Location: Nairobi
People accused of murder, robbery with violence or any other capital offense are usually not released on bail(though i stand to be corrected. I don't know if this also applies to rapists and defilement cases but i am hoping it does.
masukuma
#4 Posted : Friday, May 28, 2010 7:15:57 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
the burden of proof has to be on the Accuser not the accused, Ideally - you should not be detained ad infinitum if your accusers cannot prove you are guilty. this may be used politically to lock in people, remember Koigi Wa Wamwere? he was accused of Raiding a police station and stealing guns.
The Idea is that we should have a period to which the police can investigate a crime.
What if you are taken to court for the first time for treason, and no investigations are carried out - what is your constitutional recourse?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
McReggae
#5 Posted : Friday, May 28, 2010 7:42:16 AM
Rank: Elder

Joined: 6/17/2008
Posts: 23,365
Location: Nairobi
Give me a break!!!......understand the current constitution first!!!!!
..."Wewe ni mtu mdogo sana....na mwenye amekuandika pia ni mtu mdogo sana!".
masukuma
#6 Posted : Friday, May 28, 2010 8:20:22 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@McReggae, explain your outbursts.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
masukuma
#7 Posted : Friday, May 28, 2010 8:20:52 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
@McReggae, explain your outbursts.
All Mushrooms are edible! Some Mushroom are only edible ONCE!
mkenyan
#8 Posted : Friday, May 28, 2010 8:25:19 AM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
masukuma wrote:
p.s According to you have an obligation to respect, uphold and defend this draft whether you vote for it or not.
Quote:

Defence of this Constitution
3. (1) Every person has an obligation to respect, uphold and defend this
Constitution.


are you for real?

a good number of kenyans do not agree with the current constitution so according to you they should disrespect it, not uphold it and never defend it?

people break the laws for a reason. mostly because they don't respect or don't care about upholding them. and they are rightfully punished.

so according to the masukuma doctrine if they never vote(d) for/or agree(d) with such laws then they should be excused somehow?
masukuma
#9 Posted : Friday, May 28, 2010 8:30:06 AM
Rank: Elder

Joined: 10/4/2006
Posts: 13,823
Location: Nairobi
remember section 2. A of the repealed constitution? people agitated for it to be removed.
Morally - if you had a obligation to respect, uphold and defend a bad thing. What is the place of civil disobedience? Seeing that the popular initiative maybe thwarted a County government level without recourse?
All Mushrooms are edible! Some Mushroom are only edible ONCE!
mkenyan
#10 Posted : Friday, May 28, 2010 8:36:20 AM
Rank: Veteran

Joined: 4/1/2009
Posts: 1,885
masukuma wrote:
remember section 2. A of the repealed constitution? people agitated for it to be removed.
Morally - if you had a obligation to respect, uphold and defend a bad thing. What is the place of civil disobedience? Seeing that the popular initiative maybe thwarted a County government level without recourse?


if you care to disregard your selective reading of the proposed constitution then you shall come across the provisions for the amendment of the proposed constitution in the event it is passed.

given that you never got to answer my question, i hope you are beginning to see the folly of your weird 'doctrine'.
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