man arrested

Mwalimu-G said:
That's good. Let people respect what belongs to others including their names.
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@Mwalimu,
This saga raises more questions than answers Banae.
Could one explain to me, as if I am a six year old, how one can be arrested and charged for a tort of defamation (slander or libel)?

When one commits a tort (civil wrong) against another citizen, they are sued not charged. A lawsuit is commenced at the Court and the Defendant is asked to attend the hearings and defend the allegations not charges. Charges are indictments for crimes not torts.

It appears to me here that the Governor is abusing the Court process and the police.
Tortfeasors are not dealt with by police but by Bailiffs or Court Officials. Police handle and deal with Criminals.

Unless there is something we aren’t being told here, the police shouldn’t be appearing anywhere.
I suspect here, and I stand to be corrected, that the Defendant threatened to out the names of these Governor’s Fornicators unless he was given a certain sum of money - blackmail in other words.
 
Tiiga Waana said:
@Mwalimu,
This saga raises more questions than answers Banae.
Could one explain to me, as if I am a six year old, how one can be arrested and charged for a tort of defamation (slander or libel)?

When one commits a tort (civil wrong) against another citizen, they are sued not charged. A lawsuit is commenced at the Court and the Defendant is asked to attend the hearings and defend the allegations not charges. Charges are indictments for crimes not torts.

It appears to me here that the Governor is abusing the Court process and the police.
Tortfeasors are not dealt with by police but by Bailiffs or Court Officials. Police handle and deal with Criminals.

Unless there is something we aren’t being told here, the police shouldn’t be appearing anywhere.
I suspect here, and I stand to be corrected, that the Defendant threatened to out the names of these Governor’s Fornicators unless he was given a certain sum of money - blackmail in other words.
Click to expand...

Ukianza kutaja maneno ya fornication utafanya guka aanze ile maneno na ujue Leo ni Friday.
 
Tafuta hiyo
Tiiga Waana said:
@Mwalimu,
This saga raises more questions than answers Banae.
Could one explain to me, as if I am a six year old, how one can be arrested and charged for a tort of defamation (slander or libel)?

When one commits a tort (civil wrong) against another citizen, they are sued not charged. A lawsuit is commenced at the Court and the Defendant is asked to attend the hearings and defend the allegations not charges. Charges are indictments for crimes not torts.

It appears to me here that the Governor is abusing the Court process and the police.
Tortfeasors are not dealt with by police but by Bailiffs or Court Officials. Police handle and deal with Criminals.

Unless there is something we aren’t being told here, the police shouldn’t be appearing anywhere.
I suspect here, and I stand to be corrected, that the Defendant threatened to out the names of these Governor’s Fornicators unless he was given a certain sum of money - blackmail in other words.
Click to expand...
Tafuta hiyo ya Misuse of a licensed communications system. Ni kriminow hata kutumia mtu an angry SMS ati @Mongrel Wewe!
 
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Mwalimu-G said:
Tafuta hiyo

Tafuta hiyo ya Misuse of a licensed communications system. No kriminow Hata kutumia mtu an angry SMS ati @Mongrel Wewe!
Click to expand...
The high and mighty are notorious for abusing the Courts and the police to their bidding.
Torts are not indictable offences.
Committing a civil wrong against the powerful doesn’t make it a crime to warrant being arrested, processed, remanded and humiliated.

When one defames someone, it doesn’t become an urgent matter where police have to intervene and use force to arrest and arraign.
What should happen is the aggrieved party sue you and serve you with the writ. That is why you hear Folks telling others: see you in Court.
 
Tiiga Waana said:
The high and mighty are notorious for abusing the Courts and the police to their bidding.
Torts are not indictable offences.
Committing a civil wrong against the powerful doesn’t make it a crime to warrant being arrested, processed, remanded and humiliated.

When one defames someone, it doesn’t become an urgent matter where police have to intervene and use force to arrest and arraign.
What should happen is the aggrieved party sue you and serve you with the writ. That is why you hear Folks telling others: see you in Court.
Click to expand...
Here, better ashikwe badala aokotwe kwa mtaro after being worked on by political thugs.
 
Tiiga Waana said:
Could one explain to me, as if I am a six year old, how one can be arrested and charged for a tort of defamation (slander or libel)?
Click to expand...
Some torts are chargeable under crime and vice versa. It depends on what the complainant chooses to go with. And I should not be telling you this.
 
And now that we are talking of defamation (gichambanio) and it is on a Friday, let me play you my Dad’s favourite song on defamation:


 
upepo said:
Some torts are chargeable under crime and vice versa. It depends on what the complainant chooses to go with. And I should not be telling you this.
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Imagine if it became the norm that every time somebody was defamed, the Defendant was arrested and jailed.
You very well know how often people talk of other people (especially leaders) sleeping around.
Our prisons and would be full of people who did nothing more than slander others.

In a democratic country like ours, we must balance such with freedom of expression. And don’t forget that Justification is a full defence to defamation. That is to mean that if the allegations are true then there is no defamation that has taken place.

Furthermore, some of these defamatory statements have some truths in them and have public interest ( the public should know), which is why defamation is always a tort not a crime.
 
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