Kuna latent anger that once again boyshaod has been made to bite the dust while his bimbo walks. At the very least Maribe should have been found guilty of being an accessory after the fact.The only reason people are sympathetic to Irungu is because his partner in crime was set free. Mamito ako sawa.
So if a man commits a murder many kilometers away from his home, his wife or girlfriend who is relaxing at home cooking githeri should also be jailed for the murder?Kuna latent anger that once again boyshaod has been made to bite the dust while his bimbo walks. At the very least Maribe should have been found guilty of being an accessory after the fact.
Is that what he said?So if a man commits a murder many kilometers away from his home, his wife or girlfriend who is relaxing at home cooking githeri should also be jailed for the murder?
He wants the innocent wife who was at home cooking githeri in langata to be jailed for a murder committed by the spouse in kilimani. The only issue was that she never told the whole truth about her spouse shooting himself at their home, which is a totally different case. And anyway the law has a kipengele called spousal testimonial privilege which precludes/protects someone from testifying or incriminating his or her spouse in any criminal case. This also means it was even illegal for the police to record any statement from her regarding any case involving the spouse whether the case was ya the spouse shooting himself or the murder case. So hii maneno ya "her being guilty of being an accessory after the fact" is null and void.Is that what he said?
Don't bother...Is that what he said?
He wants the innocent wife who was at home cooking githeri in langata to be jailed for a murder committed by the spouse in kilimani. The only issue was that she never told the whole truth about her spouse shooting himself at their home, which is a totally different case. And anyway the law has a kipengele called spousal testimonial privilege which precludes/protects someone from testifying or incriminating his or her spouse in any criminal case. This also means it was even illegal for the police to record any statement from her regarding any case involving the spouse whether the case was ya the spouse shooting himself or the murder case. So hii maneno ya "her being guilty of being an accessory after the fact" is null and void.
https://www.law.cornell.edu/wex/spousal_privilege
The spousal testimonial privilege precludes one spouse from testifying against the other spouse in criminal or related proceedings. Either spouse can invoke the privilege to prevent the testimony. If the spouses are suing each other in a civil case, or if one of the spouses initiates a criminal proceeding against the other spousal, spousal testimonial privilege does not apply.
We learn every day because I always thought the opposite applies inTwo, the concept of spousal privilege is observed in default in Kenya, which the last I checked is not a US colony. Saying here, for example, that you are taking 'the Fifth' is meaningless. Same applies to SP.
Cohabitation of 6 months is deemed to be a marriage by law. So spousal privilege applies in toto.One, Jowie was NOT married to Maribe. The principle of spousal privilege does not then apply.
She was helping a spouse who had shot himself in their bedroom. Her only "crime" was helping the spouse "conceal" the evidence of that self shooting. And spousal privilege gives her the right not to implicate or testify against the spouse in the bedroom self shooting crime.For the avoidance of doubt, an accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.
Yenyewe mimi hushindwa sana ni nini mbaya na nyeuthi. Is it that we truly cannot reason ama ni kurogwa?
Please akina @mzeiya, @Mwalimu-G, @Kasaman (ahem!), et al explain this to me like I am a 6-year old.
Classic example? Look at this monkey here, who's pulled BS out of his arse and used it to make an argument that's absolutely irrelevant.
One, Jowie was NOT married to Maribe. The principle of spousal privilege does not then apply.
Two, the concept of spousal privilege is observed in default in Kenya, which the last I checked is not a US colony. Saying here, for example, that you are taking 'the Fifth' is meaningless. Same applies to SP.
Three, I was clear that Maribe should have been charged as an "accessory after the fact", which is why in fact the ODPP is appealing her release.
For the avoidance of doubt, an accessory-after-the-fact is someone who assists 1) someone who has committed a crime, 2) after the person has committed the crime, 3) with knowledge that the person committed the crime, and 4) with the intent to help the person avoid arrest or punishment.
Now to my mind these are simple, very succinct, logical statements and observations. How come someone cannot understand such basic things surely?
Are they bipolar or what?
If a man assaults someone at the pub then goes home and jumps from the balcony injuring himself, then kutuliza hio maneno (na aibu) ya spouse jumping from the balcony, the wife, who was at home the whole evening knitting and watching Alehadro on TV, claims the spouse slipped kwa stairs and injured himself, would you charge the wife with assaulting the man at the pub? And also charge her with helping the spouse conceal the pub assault?Don't bother...
Cohabitation of 6 months is deemed to be a marriage by law. So spousal privilege applies in toto.
She was helping a spouse who had shot himself in their bedroom. Her only "crime" was helping the spouse "conceal" the evidence of that self shooting. And spousal privilege gives her the right not to implicate or testify against the spouse in the bedroom self shooting crime.