Never ever handle an item you can't prove its ownership

mzeiya

mzeiya

Elder Lister
The tale below might be fiction but it has happened before endless times.

Electronic devices especially should be avoided at all costs since tracking them is easy.



...for Nairobi.

The matatu arrives in the city and vomits all the passengers. The man and his new friend (Phone) takes another matatu to his house, after arriving at his house, he decided to switch the Simcards. After a few days of using his new phone, Mr DCI knocks on his door.

The man gets arrested and after the investigation was done, his story couldn't convince the DCI that he was an innocent man, he was charged with murder and he's still in prison to date.

Lesson: Avoid buying or using second-hand smart phones.
 
Criminal lawyers, hebu njooni kidogo.

Is it that we have a justice system that is hell bent on jailing all kenyans (or natives as mzungu called us, and duh!) or is it that legal representation failed this guy?

How does possession of the deceased's mobile phone result into a murder charge? Hangejitetea aseme aliokota and there is no law against it?

DCI doesn't have proof of murder anyway, how do they end up charging a clearly innocent man for simply possessing the deceased's phone and calling it a good day's job when the real killers are out there?
 
Ngimanene na Muchere said:
Wonder if you buy a phone off eBay as used kama uko sawa ama Interpol itakufuata mpaka huku vumbistan
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Hii ya huku ni laziness ya DCI. Interpol na FBI wanajua kufanya investigeshens, sio kuwekelea mtu ameokota simu makosa.

Coming to think of it, hizi criminal cases zinaweza nukishia newbie lawyers kitunguu mbaya sana. Kama kawa D minus huwa wanapresent watu kortini with pitiful and circumstancial evidence, ni labda Wakenya hawajui kujitetea ama kuulizia pro bono lawyers. Nilisikia zinaitwa pauper briefs
 
JazzMan said:
Criminal lawyers, hebu njooni kidogo.

Is it that we have a justice system that is hell bent on jailing all kenyans (or natives as mzungu called us, and duh!) or is it that legal representation failed this guy?

How does possession of the deceased's mobile phone result into a murder charge? Hangejitetea aseme aliokota and there is no law against it?

DCI doesn't have proof of murder anyway, how do they end up charging a clearly innocent man for simply possessing the deceased's phone and calling it a good day's job when the real killers are out there?
Click to expand...
ever heard of the old saying that "the law is an ass"
pia kuna ingine "ignorance is no defense"
 
Back in 2005, when Nokia E-series was the in-thing, a second year med student bought a phone at midnight along Kimathi street, where we used to have the season club, after partying and coming back, he was woken up by a knock on his door by the head of security accompanied by safaricom staff and the then CID officers.
Apparently the phone was stolen from a guy who was murdered in a carjacking incident along Mombasa road. Kijana alikaa central police station for 3 weeks, although he had proof that he was at KNH campus during the robbery, it took the intervention of UON administration and his parents to appease the relatives of the late, who wanted their pound of flesh, albeit it's of an innocent person.
 
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JazzMan said:
Hii ya huku ni laziness ya DCI. Interpol na FBI wanajua kufanya investigeshens, sio kuwekelea mtu ameokota simu makosa.

Coming to think of it, hizi criminal cases zinaweza nukishia newbie lawyers kitunguu mbaya sana. Kama kawa D minus huwa wanapresent watu kortini with pitiful and circumstancial evidence, ni labda Wakenya hawajui kujitetea ama kuulizia pro bono lawyers. Nilisikia zinaitwa pauper briefs
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He was found in possession of stolen property, that's a crime in itself, all his allegations of innocence can only come during his defence, and by knowing the Kenyan criminal system, he is yet to get a hearing, he just appears during case mentions.
 
@mzeiya,

Let us be clear about one thing first: Criminals lie all the time. Dangerous Criminals are the most creative and inventive liars. If Police believed every story Criminal suspects tells them, there would be no suspects in Police Cells or in Remand awaiting further interrogations and investigations. Their cries of woe and innocence are often fictitious and pure unadulterated lies.

It is very unlikely for a Judge to send a Criminal Suspect to Prison for years if their story has no link whatsoever to a crime. Pocketing a phone and proceeding to insert one’s own SIM card is assuming title which constitutes the crime of theft and robbery.
If one can’t explain how they came across stolen property (where a murder has been committed) and have no alibi, and yet were in the vicinity of a crime, how can the Police and the Judge believe them?

Very few Criminals ever confess to a crime. Police work under very difficulty circumstances sifting innocent people from criminal elements caught up in criminal spiderwebs.
 
JazzMan said:
Criminal lawyers, hebu njooni kidogo.

Is it that we have a justice system that is hell bent on jailing all kenyans (or natives as mzungu called us, and duh!) or is it that legal representation failed this guy?

How does possession of the deceased's mobile phone result into a murder charge? Hangejitetea aseme aliokota and there is no law against it?

DCI doesn't have proof of murder anyway, how do they end up charging a clearly innocent man for simply possessing the deceased's phone and calling it a good day's job when the real killers are out there?
Click to expand...
I agree with you. No proof beyond reasonable doubt.
 
Tiiga Waana said:
@mzeiya,

Let us be clear about one thing first: Criminals lie all the time. Dangerous Criminals are the most creative and inventive liars. If Police believed every story Criminal suspects tells them, there would be no suspects in Police Cells or in Remand awaiting further interrogations and investigations. Their cries of woe and innocence are often fictitious and pure unadulterated lies.

It is very unlikely for a Judge to send a Criminal Suspect to Prison for years if their story has no link whatsoever to a crime. Pocketing a phone and proceeding to insert one’s own SIM card is assuming title which constitutes the crime of theft and robbery.
If one can’t explain how they came across stolen property (where a murder has been committed) and have no alibi, and yet were in the vicinity of a crime, how can the Police and the Judge believe them?

Very few Criminals ever confess to a crime. Police work under very difficulty circumstances sifting innocent people from criminal elements caught up in criminal spiderwebs.
Click to expand...
So what you are saying is, the "criminal" is presumed guilty until proven innocent?
 
JazzMan said:
So what you are saying is, the "criminal" is presumed guilty until proven innocent?
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Only a Judge can determine and pronounce one Guilty or Innocent and that is after full hearing and deliberation of a case.
The Prosecution and the Investigators have the responsibility of bringing to Court all those suspected of having participated in a Crime so as to determine their (degree of) culpability.

It is not their duty to determine who is guilty or not. As long as someone has been involved in a Crime or are linked to a Crime, the Police have the odious responsibility of charging them for involvement and keeping them in Custody or granting them bail with Court’s permission.

Holding Suspects in Custody or bailing them to explain their case in Court is not a determination of Guilt.

Do bear in mind that some Suspects are a flight risk and could easily disappear without trace leading to failure to appear to explain their story. They can’t get a bail to defend their case from outside Remand but that is not to say that they are guilty.
 
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mzeiya said:
The tale below might be fiction but it has happened before endless times.

Electronic devices especially should be avoided at all costs since tracking them is easy.



...for Nairobi.

The matatu arrives in the city and vomits all the passengers. The man and his new friend (Phone) takes another matatu to his house, after arriving at his house, he decided to switch the Simcards. After a few days of using his new phone, Mr DCI knocks on his door.

The man gets arrested and after the investigation was done, his story couldn't convince the DCI that he was an innocent man, he was charged with murder and he's still in prison to date.

Lesson: Avoid buying or using second-hand smart phones.
Click to expand...

VPN muhimu sana
 
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