War Monger Linturi arrested

Tiiga Waana said:
Every Defendant has a Right to Counsel. It is a fundamental Human Right recognised as a Right to Fair Hearing.
A Lawyer is there to help the Defendant understand the charges levelled against them and the plea to take and also to assist the Court deliver justice by arguing the facts and the laws relevant to the material facts of a case.

A Lawyer is not there to obsessively and blindly argue that a Defendant is innocent when facts and law points a different conclusion.
Click to expand...
sande sana, what about the Kinsmen who we shall surely see demonstrating on kanairo streets when he is presented in court, do you remember the maaasai war monger who slapped an mp
 
Tiiga Waana said:
Every Defendant has a Right to Counsel. It is a fundamental Human Right recognised as a Right to Fair Hearing.
A Lawyer is there to help the Defendant understand the charges levelled against them and the plea to take and also to assist the Court deliver justice by arguing the facts and the laws relevant to the material facts of a case.

A Lawyer is not there to obsessively and blindly argue that a Defendant is innocent when facts and law points a different conclusion.
Click to expand...
That is how kenya works...just ask akina babu owino, even if anybody was caught on video breaking the law
 
This is a circus, he used a term some of us felt was unpalatable word but not enough to warrant arrest, they probably won't even file any charge before the court.

Waste of public resources.
 
Mr Black said:
This is a circus, he used a term some of us felt was unpalatable word but not enough to warrant arrest, they probably won't even file any charge before the court.

Waste of public resources.
Click to expand...

Ni political mileage handed to kieleweke on a silver platter. They'll make the best of it.But by next Kenyans will be treated to a sex escapades and forget everything.
 
Mr Black said:
This is a circus, he used a term some of us felt was unpalatable word but not enough to warrant arrest, they probably won't even file any charge before the court.

Waste of public resources.
Click to expand...
Let’s look at another perspective of this case which I think is important as well.
Even if there will be no legal consequences to this saga don’t you think that the Public Outcry and the publicity generated will be very punitive to certain individuals not least Linturi himself?
 
Meria said:
Meru Senator Mithika Linturi to be moved to DCI headquarters, Nairobi, after interrogation in Nakuru, County Criminal Investigations Officer Anthony Sungut says.
View attachment 51446View attachment 51447View attachment 51448
Click to expand...
Hii ni upuus. I've seen the clip and could tell the context. In his context, madoadoa meant the opposite of six-piece voting. Should we strike that word off the kamusi because of our politics? I shudder to think the furore that would have been had this been uttered by a kale leader. Hii arrest ni PR tu, the case would not hold in a court of law.
 
Tiiga Waana said:
Let’s look at another perspective of this case which I think is important as well.
Even if there will be no legal consequences to this saga don’t you think that the Public Outcry and the publicity generated will be very punitive to certain individuals not least Linturi himself?
Click to expand...

The negative press that term has generated beats a week in jail, no one even remembers the big crowd in Eldoret, only 'madoadoa' and musings about whether UDA is about to lead us back to the most bloody period of the last 30 years.

Some battles are best left to the people to wage
 
Tiiga Waana said:
Not always so @Clemens.
There are exemptions where guilty intent is not always determined. There are certain offences widely referred to as Strict Liability Cases where intention is not important.

Example: If you @Clemens drive your car without insurance because it lapsed last night and you forgot to renew it this morning, you are nevertheless Guilty of a Criminal Act despite absence of intention.
Click to expand...

Sande sana Senyata for that insight. I didn't know about Strict Liability (principle?).
 
Mr Black said:
This is a circus, he used a term some of us felt was unpalatable word but not enough to warrant arrest, they probably won't even file any charge before the court.

Waste of public resources.
Click to expand...

Sometimes we make law too complicated. If I were I judge summarizing the case, I would ask the following question:

"How would an ordinary person interpret this message given the historic context and usage of word 'Madoadoa'? Would a vocal non-Ruto feel threatened by eviction? Would a vocal Ruto supporter feel emboldened to evict his opponents?"

Be the judge.
 
Budspencer said:
Hii ni upuus. I've seen the clip and could tell the context. In his context, madoadoa meant the opposite of six-piece voting. Should we strike that word off the kamusi because of our politics? I shudder to think the furore that would have been had this been uttered by a kale leader. Hii arrest ni PR tu, the case would not hold in a court of law.
Click to expand...

Yes strike it off our political vocabulary, it is too stained, just look at these tweets, it has echoes of 1992 and 2007




 
bigDog said:
Sometimes we make law too complicated. If I were I judge summarizing the case, I would ask the following question:

"How would an ordinary person interpret this message given the historic context and usage of word 'Madoadoa'? Would a vocal non-Ruto feel threatened by eviction? Would a vocal Ruto supporter feel emboldened to evict his opponents?"

Be the judge.
Click to expand...

You complicated it even further when you brought people's feelings into the equation, an area the law does not cover.

Context matters , unpalatable and distasteful as the term is he did not call for anyone to attack the other, or their eviction or ill treatment, there really is no offence to warrant arrest or the courts intervention.

Thankfully in the court of public opinion Linturi is taking a beating, UDA and the DP have lost some of their lustre which serves them right for providing a platform for such recklessness
 
Meru Senator Mithika Linturi has been transferred to Nairobi after recording a statement in Nakuru over alleged incitement made in Eldoret on Saturday.
 
Mr Black said:
You complicated it even further when you brought people's feelings into the equation, an area the law does not cover.

Context matters , unpalatable and distasteful as the term is he did not call for anyone to attack the other, or their eviction or ill treatment, there really is no offence to warrant arrest or the courts intervention.

Thankfully in the court of public opinion Linturi is taking a beating, UDA and the DP have lost some of their lustre which serves them right for providing a platform for such recklessness
Click to expand...

What about a crime of passion sir? Law considers emotions of those involved.

I believe that you agree that this is incitement to violence. We cannot allow this kind of utterances even in our own private spaces. Political persuasion doesn't matter!
 
Tiiga Waana said:
Not always so @Clemens.
There are exemptions where guilty intent is not always determined. There are certain offences widely referred to as Strict Liability Cases where intention is not important.

Example: If you @Clemens drive your car without insurance because it lapsed last night and you forgot to renew it this morning, you are nevertheless Guilty of a Criminal Act despite absence of intention.
Click to expand...


judges have discretion
 
@Meria, make sure that @admean has zero tolerance to this kind of hate speech.

It must be for any political faction! Call to violence, implicit or not must be condemned in the strongest terms. We should also ban ethnic profiling here.
 
You must log in or register to reply here.
Back
Top