Criminal law

Contradictions in criminal justice gadget annoying

A DCI detective informed us that “Prophet Owour isn’t always like a Mukorino from Kawangware. We can’t simply summon him anyhow.” Based on this ‘summoning standards,’ we will deduce that the National Treasury Cabinet Secretary Henry Rotich falls underneath the ‘Mukorino from Kawangware class’ given that he changed into summoned for a 12-hour grilling.
On March 19, the arguable Pastor Ng’ang’a become charged and prosecuted for threatening a journalist. Just last 12 months, a senior NASA strategist also reportedly threatened a blogger. In both instances, the intimidators promised some ‘unspecified results’ to the media men. Both ultimatums had been stuck on tape. But in this situation, it is Pastor Ng’ang’a who is the ‘Mukorino from Kawangware.’
Last month, we study that Sameer CEO Nashaud Merali turned into conned out of Sh80 million bobby way of a guy pretending to be the President. The plot thickens when we analyze that the goal for the transaction changed into too comfortable tenders. Merali is nowhere near being inside the Kawangware Mukorino category due to the fact he can even record a crime wherein he looks like he became collaborating in against the law; bribery. It is like a burglar submitting a lawsuit in opposition to his sufferer because the person he changed into trying to rob beat him up.


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Anyway, we don’t recognize why the DCI has made it look like the Mukorino merits the least regard within the chain of justice. We can most effective expect that the bad religious guy is a euphemism for ‘individuals who count the least’ within the criminal justice chain. And due to this, we have a hassle. The trouble is that the DCI’s priority appears to be to ‘look busy.’ That is why the contradictions and inconsistencies arise.
Remember that the DCI is at the beginning of the criminal justice chain. A case starts there for investigations, after which goes to the DPP who undertakes the prosecution, then to the Judiciary, which does the trial and judgment, and after that to the Prisons, which does punishment and rehabilitation. So the contradictions that manifest at the primary factor of this criminal justice chain jeopardize the entire route of justice itself.
And this is starting to expose. The DPP finally ends up starting up instances which have not met the evidentiary threshold; the result is that convictions, particularly excessive net crimes are uncommon. In reality, on the anti-corruption summit, the DPP informed us that he had dropped 11 charges due to the fact there wasn’t enough proof. The instances would’ve been waste of the courts’ time.
In February, judges stated that between July 2017 and Dec 2018 a complete of ninety-one corruption cases were determined. Of these, there were only 46 convictions.
A DCI that undertakes investigation strategies for the sake of optics is dangerous for two motives. The first is that the DCI invitations us, the general public, to be co-investigators. We additionally end up the prosecutors, the judges, and the executioners, inside the system ruining human beings’ lives and careers.
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Ideally, the actual Judiciary will most effective convict responsible individuals. But the edge within the court of public opinion is shallow. If many human beings assume which you are guilty, then you are responsible. But in a court of law- the threshold is ‘beyond affordable doubt.
Secondly, as tons as ‘public participation’ in investigation entertains us, it locations most people at risk, considering that most of the people folks are just like ‘Mukorinos in Kawangware’ to be summoned, charged, and prosecuted ‘anyways.’

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