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๐€ ๐ฐ๐ข๐ง ๐Ÿ๐จ๐ซ ๐ญ๐ก๐ž ๐ƒ๐๐ ๐š๐ฌ ๐ญ๐ก๐ž ๐œ๐จ๐ฎ๐ซ๐ญ ๐Ÿ๐ข๐ง๐๐ฌ ๐Œ๐š๐œ๐ค๐ž๐ง๐ณ๐ข๐ž ๐š๐ง๐ ๐Ÿ‘๐ŸŽ ๐จ๐ญ๐ก๐ž๐ซ๐ฌ ๐ฐ๐ข๐ญ๐ก ๐š ๐œ๐š๐ฌ๐ž ๐ญ๐จ ๐š๐ง๐ฌ๐ฐ๐ž๐ซ ๐ข๐ง ๐ญ๐ก๐ž ๐’๐ก๐š๐ค๐š๐ก๐จ๐ฅ๐š ๐ฆ๐ฎ๐ซ๐๐ž๐ซ ๐œ๐š๐ฌ๐ž The Director of Public Prosecutions (DPP) has received a significant win after the Mombasa Law Court found Pastor Paul Mackenzie and his 30 co-accused with a...

22,855 ๆฌก่ง‚็œ‹ โ€ข 5 ไธชๆœˆๅ‰ โ€ขvia X (Twitter)

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The ruling by a High Courtโ€™ judge in the Mike Chimombe & Moses Mpofu case is very interesting. I encourage everyone in business, every director, Executive, tenderpreneur and every lawyer to watch it. The judge ruled that both accused have a case to answer. This means they must be put to their defence, and explain their conduct. Depriving them of such after the state rested its case would work against them and lead to their conviction. The judge articulated the law in detail and interpreted it clearly at great length explaining how he arrived at that decision. Note that the accused wanted the case dismissed, arguing that their clients had no case to answer since they didnโ€™t award themselves the tender and that the tender was awarded to a company, not them as individuals. The hearing and subsequent ruling is interesting for the following reasons: โ€ขThe two are accused of deceiving the state by submitting fraudulent documents and winning the tender. โ€ขThe judge explains in detail the 3 essential elements /rails on which in a criminal case, a person accused of fraud can be acquitted without being put to their defence, that is the accused can apply for discharge at the close of the stateโ€™s case. โ€ข The first essential element is that there is no evidence presented linking the accused to the offence. The court has no choice but to acquit. โ€ขThe second element is that there may be no evidence of an ingredient of the crime (there are essential ingredients of the crime), in which case the accused must be acquitted. โ€ขThe third element is that the state witnessesโ€™ testimony and evidence is so poor that a court cannot rely on it to convict, in which case the accused must be acquitted. โ€ขIn their application for discharge, Mpofu and Chimombe didnโ€™t raise essential element 3. In other words, they deemed the witnesses credible in their evidence. They didnโ€™t argue that the evidence of the state witness isnโ€™t credible. โ€ขMpofu and Chimombe also didnโ€™t raise element number 1, meaning they didnโ€™t argue that they were not linked at all to the offence, in which case they would have persuaded the court for an acquittal. โ€ขThe two accused sought to rely, in their application for discharge, on the second element, which is, they argued that an ingredient of the evidence of committing the crime was missing: in other words, they are arguing that indeed fraud, deception and misrepresentation occurred, but was not occasioned by them personally, but by companies that won the tenders. โ€ขThe accusedโ€™s lawyer argued that the accused did not influence the award of the bid, may have participated by signing contracts after the award, but that is neither here nor there, making their involvement post facto. They further argued that the state dealt with a corporate entity, not an individual. The state would have to pierce the corporate veil through an application to that effect to get to Mpofu and Chimombe. This is where it gets more interesting. โ€ขThe judge delves into the issue of the corporate veil in criminal matters in detail. He explains that the effect of section 277 of the criminal code and reform act is to remove the corporate veil that exists in common law on criminal issues relating to companies. Itโ€™s very important for employees and directors to grasp these aspects of the law. The judge also touches on aspects of vicarious liability. โ€ขThe companies act and criminal code were modified a lot in the last ten years. Most people are not aware of this. โ€ขWatch the hearing and ruling and educate yourself. Busisa Moyo Tawanda Nyambirai @tino_chinyoka1 Retired Elder Rex M.E Midzi

mmatigari

20,172 ๆฌก่ง‚็œ‹ โ€ข 1 ๅนดๅ‰

Albert Ojwang Murder Trial: New Details Point to Fatal Assault in Custody, Missing CCTV Footage and Evidence Tampering The murder trial of former Nairobi Central Police Station OCS Samson Talaam and five other accused persons has entered a critical stage after the prosecution presented its opening case, alleging that Albert Omondi Ojwang was deliberately assaulted and killed while in police custody, with the State telling the court it intends to present medical, forensic and witness evidence to challenge the initial explanation that his death resulted from a self inflicted injury. The Director of Public Prosecutions has told the High Court that evidence gathered so far indicates Ojwang died from injuries consistent with a violent assault, including blunt force trauma, neck compression and multiple injuries sustained across his body, with prosecutors arguing that the circumstances surrounding his death point to a deliberate act rather than an accident as previously suggested. The court has also heard testimony from a CCTV technician who examined the Digital Video Recorder at Central Police Station and told the court that the device had been formatted, leaving investigators unable to access footage from the period surrounding Ojwang's death, with the witness further stating that some internal components of the system had been removed before the device was examined by investigators. The prosecution has further outlined a case centred on allegations of an attempted cover-up following Ojwang's death, telling the court it will rely on CCTV analysis, forensic evidence, police records and testimony from officers, family members and medical experts to reconstruct events inside the station and establish what happened after Ojwang was brought into custody alive. Former OCS Samson Talaam and the five co-accused persons have denied the murder charges, with the trial now expected to examine the evidence surrounding Ojwang's arrest, his time in police custody, the circumstances of his death, the handling of evidence afterwards and the individual responsibility of those accused in the case.

John Mutongoi

19,497 ๆฌก่ง‚็œ‹ โ€ข 2 ไธชๆœˆๅ‰

The issue of disclosure has been very persistent in the Molly Katanga case. Itโ€™s nice to see the country now talking about ODPPUGANDA and how they think that disclosure is just a favor they do to accused persons. On the contrary, itโ€™s a constitutional requirement and is hugely important in ensuring fair trial. Justice presumes a parity of arms. Back in November 2024, Justice Isaac Muwata had this to say on that issue: โ€œโ€ฆ.and coming to the subject of disclosure, this must be strictly observed.โ€ โ€œsee the case of Soon Yeon Kong Kim and another Vs the Attorney General, cited in this case as well as Article 28 of the constitution.โ€ โ€œI also find the case of Republic Vs Ward, 1993 (See: R v. Judith Ward, Court of Appeals of England, Criminal Division instructive. The Court of Appeal of England had this to say: โ€œThe prosecutionโ€™s duty at common law is to disclose to the defence all relevant scientific material, i.e. evidence which tended either to weaken the prosecution case or to strengthen the defence, required the police to disclose to the prosecution all witness statements and the prosecution to supply copies of such witness statements to the defence or to allow them to inspect the statements and make copies unless there were good reasons for not doing so.โ€ Even with that, the state continues to stall on disclosure. These cases are talked about because they somehow have media attention but a question should arise as to how many citizens up and down the criminal justice system are suffering under the weight of prosecutors run rogue? We need comprehensive #DPPReforms

Anthony Natif

18,778 ๆฌก่ง‚็œ‹ โ€ข 4 ไธชๆœˆๅ‰

The Arrogance of State Witnesses: Kenyaโ€™s Courts Reduced to a Farce I am appalled by the sheer arrogance and delinquency displayed by state/prosecution witnesses in Kenyan courts. From this edited clip alone, it is almost impossible to extract a simple yes or no response. Witnesses engage in endless genuflection, filibustering, and open disdain for the judicial process. This behavior drags court proceedings far beyond reasonable time, wasting taxpayersโ€™ money and clogging an already overburdened justice system. One shudders to imagine the scale of miscarriage of justice that occurs daily against unrepresented accused persons, people tried and convicted on technicalities and deliberate ambiguity created by prosecution malfeasance. The utopic reforms promised under the new constitution were clearly cosmetic. They simply expanded institutions like the Supreme Court to create more looting opportunities, not to deliver genuine justice. By now, every magistrate and judge should enforce a zero-tolerance policy toward this indifference. For instance, in the case involving Herman Manyora , the prosecution witness should have been held in contempt - even for a single day - just to send a strong message against wasting the courtโ€™s time with nonsense. This is not an isolated problem. It is a systemic failure. State witnesses treat courts as extensions of executive power rather than independent arbiters of justice. Until this arrogance is punished decisively, Kenyaโ€™s judiciary will continue to serve the powerful while failing the ordinary citizen. The theatrics must stop. Justice delayed and diluted is justice denied. Hon. Justice Martha K. Koome, FCIArb, EGH Judicial Service Commission Kenya (JSC) Office of The Director Of Public Prosecutions DCI KENYA

Francis Gaitho

13,244 ๆฌก่ง‚็œ‹ โ€ข 3 ไธชๆœˆๅ‰

95 Arrested Over Anti-Mnangagwa Protest, Accused Face Public Violence Charges Legal Summary: The State v. 95 Accused Persons (ZRP KOPJE CR 604/03/25) Charge: The accused are charged with Participating in a gathering with intent to promote public violence, breaches of peace, or bigotry in contravention of section 37(1)(a)(i) of the Criminal Law (Codification and Reform) Act [Chapter 9:23]. Factual Allegations: On 31 March 2025, the accused allegedly gathered at Robert Mugabe Square (Freedom Square), Harare, intending to proceed to State House with the objective of removing the sitting President of Zimbabwe by unlawful means. The group is alleged to have chanted inflammatory slogans, thrown stones and other objects at police officers, and posted videos of the incident on social media platforms, including a WhatsApp group named Nyokayemabhunu. Arrests and Identification: โ€ขAccused [1] to [94] were arrested at the scene. โ€ขAccused [95] was arrested later through identification from digital media. โ€ขThe accused were allegedly positively identified both in person and through social media evidence. โ€ขThe WhatsApp group was reportedly administered using a South African number linked to an individual named Knox Chiwer. Police Opposition to Bail: The investigating officer, Detective Sergeant Lovemore Chisi, opposes bail on the following grounds: 1.The offence carries a serious custodial sentence (maximum 5 years). 2.The accused are likely to abscond. 3.Communications retrieved from Nyokayemabhunu indicate threats to police officers, posing a risk to witnesses. 4.The accused may commit further offences. 5.Some accomplices remain at large, and release may jeopardise further arrests. Current Status: โ€ขBail has been formally opposed. โ€ขInvestigation is expected to conclude by 15 April 2025. โ€ขApproximately 20 witnesses are anticipated to testify. This matter is pending remand and further judicial proceedings.

ZimEye

106,929 ๆฌก่ง‚็œ‹ โ€ข 1 ๅนดๅ‰

Breaking News: "If you don't move in the next 10 minutes? you will ALL be arrested under section 14 of the Public Order Act. At roughly 3am in Portsmouth last night the local police threaten peaceful protestors under the guise of The Public Order Act Section 14, in response to large crowds of local men and women sick and tired of the invasion of their homelands. Subsection (1A) applies if] [F2a] senior police officer, having regard to the time or place at which and the circumstances in which any public assembly is being held or is intended to be held, reasonably believes thatโ€” (a)it may result in serious public disorder, serious damage to property or serious disruption to the life of the community, [F3(aa)in the case of an assembly in England and Wales, the noise generated by persons taking part in the assembly may result in serious disruption to the activities of an organisation which are carried on in the vicinity of the assembly, (ab)in the case of an assembly in England and Walesโ€” (i)the noise generated by persons taking part in the assembly may have a relevant impact on persons in the vicinity of the assembly, and (ii)that impact may be significant, F4...] (b)the purpose of the persons organising it is the intimidation of others with a view to compelling them not to do an act they have a right to do, or to do an act they have a right not to do, [F5or (c)in the case of an assembly in England and Wales, the assembly is in the vicinity of a place of worship and may intimidate persons of reasonable firmness with the result that those persons are deterred fromโ€” (i)accessing that place of worship for the purpose of carrying out religious activities, or (ii)carrying out religious activities at that place of worship

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99,246 ๆฌก่ง‚็œ‹ โ€ข 14 ๅคฉๅ‰