Author Topic: Blogger Jailed  (Read 43429 times)

Offline Omollo

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Blogger Jailed
« on: January 02, 2015, 03:40:24 PM »
The days when a dissenting person would be arrested, kept incommunicado and then emerge with a signed confession albeit a swollen face - so swollen that the magistrate accepts the police version rather than listen to the deformed creature - are back! This guy was arrested, kept incommunicado and produced in court where he confessed to "mental illness".

http://www.kenya-today.com/news/shocking-revelation-lieutenant-alan-wadi-may-jailed-suspended-sections-law
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: Blogger Jailed
« Reply #1 on: January 02, 2015, 03:52:17 PM »
They're waking up to new media(like social media) that has grown too powerful as traditional media that can easily be intimidated loses the punch.

Offline Omollo

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Re: Blogger Jailed
« Reply #2 on: January 02, 2015, 03:56:56 PM »
Itumbi should be taught a lesson. Just hypothetically: His name should be handed to organized groups that would make his net life a living hell. His phone should be hacked and bugged and every conversation broadcast to the web. Somebody should seize the cameras on his mobile and other devices and have them on youtube.

He should post nothing on twitter that won't be twisted and drowned.
 
They're waking up to new media(like social media) that has grown too powerful as traditional media that can easily be intimidated loses the punch.
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline RV Pundit

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Re: Blogger Jailed
« Reply #3 on: January 02, 2015, 04:45:07 PM »
You can bet he is using his new position to abuse office..happen always when you give such fake diploma idiots unfettered state power.
Itumbi should be taught a lesson. Just hypothetically: His name should be handed to organized groups that would make his net life a living hell. His phone should be hacked and bugged and every conversation broadcast to the web. Somebody should seize the cameras on his mobile and other devices and have them on youtube.

He should post nothing on twitter that won't be twisted and drowned.

Offline Kim Jong-Un's Pajama Pants

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Re: Blogger Jailed
« Reply #4 on: January 02, 2015, 05:01:42 PM »
The days when a dissenting person would be arrested, kept incommunicado and then emerge with a signed confession albeit a swollen face - so swollen that the magistrate accepts the police version rather than listen to the deformed creature - are back! This guy was arrested, kept incommunicado and produced in court where he confessed to "mental illness".

http://www.kenya-today.com/news/shocking-revelation-lieutenant-alan-wadi-may-jailed-suspended-sections-law
Allan Wadi is arrested yesterday.  And within 24 hours he is sentenced to 2 years in prison.  How does that work?
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline Omollo

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Re: Blogger Jailed
« Reply #5 on: January 02, 2015, 06:05:29 PM »
Allan Wadi is arrested yesterday.  And within 24 hours he is sentenced to 2 years in prison.  How does that work?
A confession accompanied by a plea guilty
... [the ICC case] will be tried in Europe, where due procedure and expertise prevail.; ... Second-guessing Ocampo and fantasizing ..has obviously become a national pastime.- NattyDread

Offline MOON Ki

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Re: Blogger Jailed
« Reply #6 on: January 02, 2015, 07:02:41 PM »
Amazing how Kenyan judges still think that their job is to determine guilt and mete out punishment as possible.   

And arrested, taken to court, and sentenced within a couple of days, both during a major holiday period when all sorts of people and services are unavailable!    Incredible. 

The first issue that arises here is whether the guy had any (or adequate) legal representation.   That is the first thing a judge ought to ensure---that the person is properly represented and understand his plea,  guilty or not-guilty.    (That is especially important where claims have been made about mental health.)   Even without mental issues, people sometimes do not understand the difference between admitting they did something and admitting they committed a crime; in this case, the guy may just have thought that the question was whether he had written the stuff or not, which is not the same as whether he had committed the charged crimes.   

Subsequently, on a finding or a plea of guilt, there should be a proper pre-sentencing hearing (or at least the opportunity for the person, via legal representation, to make other submissions).   That too is especially important when issues of mental health have been raised.   

Another problem with Kenya's court system is that there are no mandatory (or near-mandatory) sentencing guidelines that judges are expected to follow.  Kenyan judges think that if a sentence is permitted, then they should be free to impose it, and they routinely give out the most absurd of sentences.   In many judicial systems---the USA, Canada, and the UK as examples of common law---judges do not have the freedom to sentence willy-nilly, and various  guidelines make it hard to impose excessive sentences for relatively minor things. 



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Offline Kim Jong-Un's Pajama Pants

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Re: Blogger Jailed
« Reply #7 on: January 02, 2015, 09:21:33 PM »
@MOON Ki,

It would appear that there is in fact a charge.  It is indeed remarkable.  The record time over the festive season.  Caught on New Year's Eve.  Transported to Nairobi and interrogated.  Prosecuted and sentenced to 2 years in prison the next working day.
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A fourth-year university student will spend two years in jail for posting on social media unprintable insults against President Uhuru Kenyatta.

Alan Wadi Okengo, alias Lieutenant Wadi, was accused of posting the messages on his Facebook account on December 18 and 19 at an unknown place within Kenya.

Wadi, 25, a political science student at Moi University, was arrested as he attempted to sneak out of the country through the Busia border on December 31.

He was brought back to Nairobi CID headquarters where he was interrogated by cybercrime police sleuths.
http://www.nation.co.ke/news/Allan-Wadi-University-student-jailed-insulting-Uhuru-Kenyatta/-/1056/2576650/-/1igoa4/-/index.html

When one looks at the legal grounds for jailing this dude; a law straight from 1952(the Mau Mau years).  One is left with the impression that there has to be a lawful excuse for  anyone to show kamwana contempt.  I am thinking in 1952 there may have been no lawful excuses for showing a government officer contempt.  One wonders whether the same situation still applies in 2015.
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Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline mya88

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Re: Blogger Jailed
« Reply #8 on: January 02, 2015, 09:30:50 PM »
@Omollo
Where is the uproar? Where is the civil society to denounce such actions? Where is the uproar on the web? Where are the university studenst to shove it to this fake goverment?
"We must be the change we wish to see" - Mahatma Ghandi

Offline MOON Ki

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Re: Blogger Jailed
« Reply #9 on: January 02, 2015, 09:43:03 PM »

When one looks at the legal grounds for jailing this dude; a law straight from 1952(the Mau Mau years).  One is left with the impression that there has to be a lawful excuse for  anyone to show kamwana contempt.  I am thinking in 1952 there may have been no lawful excuses for showing a government officer contempt.  One wonders whether the same situation still applies in 2015.
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Any person who, without lawful excuse, the burden of proof whereof shall lie upon him, utters, prints, publishes any words, or does any act or thing, calculated to bring into contempt, or to excite defiance of or disobedience to, the lawful authority of a public officer or any class of public officers is guilty of an offence and is liable to imprisonment for a term not exceeding three years.

That is why I get back to legal representation.  Did the guy actually understand what he was pleading to, or did he just take words such as "excuse", "defiance" and "contempt" as we would over beer-and-nyama-choma?   He was confronted with proof that they could show he had written some things, and he obviously admitted to having done so.  Did they have any "proof" as to his intent (i.e. "calculation")?   

From a legal viewpoint, it would be extremely difficult, against a determined person,  to make such a charge stick, which is why the only people you will see locked up (or even in remand) are those who can't afford legal firepower.    You will note that they also got him under "hate speech".   And Moses Kuria is where right now?

For example, you comment on "lawful excuse"?  What exactly is that?  Does freedom of speech count?    What does "defiance or disobedience to the lawful authority of authority of a public officer mean"?   Does it mean that an ordinary civil servant who defies his or her boss can be charged under this law?

Beyond the narrowness of the letter of the law, there are so many aspects of this matter that are simply staggering if one thinks of their implications---starting from well before his arrest and right through to post-sentencing. 
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Offline MOON Ki

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Re: Blogger Jailed
« Reply #10 on: January 02, 2015, 09:47:40 PM »
@Omollo
Where is the uproar? Where is the civil society to denounce such actions? Where is the uproar on the web? Where are the university studenst to shove it to this fake goverment?

The civil society should be up in arms, because they will be big targets for such absurdity.   University students?  You must be thinking of 20 or 30 years ago  :) 

Anyways ... I really hope it's just the holidays and folks are still recovering---that at some point, and soon, people will see the long-term implications of this.   And there is also what is, effectively, the destruction of the life of a young man who, at worst, is guilty of being silly.
MOON Ki  is  Muli Otieno Otiende Njoroge arap Kiprotich
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Offline Kichwambaya

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Re: Blogger Jailed
« Reply #11 on: January 03, 2015, 12:25:49 AM »
unbelievable is the word.  I do not understand why they think this travesty of justice is helpful to their cause. This is not 30 years ago when such punishment could be a detterant. The social media plus the thousands of Kenyans who have moved out of the long arms of the Kenyan justice system has increased ten fold.  Hopefully this guy can get legal representation to appeal this injustice.  The notion that you can jail people into respecting you is mindboggling.

Offline Ole Ole

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Re: Blogger Jailed
« Reply #12 on: January 03, 2015, 02:07:00 AM »
kenya justice system can be swift, was it Ali who said you would need more time and investigation to nail a chicken thief..damn

i think this was a show trial, scare crow prosecution to scare kenyans from voicing their opinions but i agree with most here  the judge record should be scrutinized to see the kind of judgement he/she been rendering. judge bandia huyu

Offline Little Bella

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Re: Blogger Jailed
« Reply #13 on: January 03, 2015, 05:11:30 AM »
@Omollo
Where is the uproar? Where is the civil society to denounce such actions? Where is the uproar on the web? Where are the university studenst to shove it to this fake goverment?
Uhuru and his loyal disciples in government should invite Raila over for coffee, get some tips on growing a thick sin for public criticism and straight-up insults when one is a public figure. George Bush would be another good one to consult, Jacob Zuma not too far behind. Considering what Raila has endured in social media in the last several years, it boggles the mind that someone's job somewhere is to scan through twitter for insults aimed at Uhuru, track down the persons for interrogation and arraignment in court. I can understand curbing what may pass for incitement to violence, but matusi??? I have seen virtually every public figure insulted online, even Jesus Christ, kwani Uhuru ndio nani? :o

Offline Kim Jong-Un's Pajama Pants

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Re: Blogger Jailed
« Reply #14 on: January 03, 2015, 05:13:05 AM »
kenya justice system can be swift, was it Ali who said you would need more time and investigation to nail a chicken thief..damn

i think this was a show trial, scare crow prosecution to scare kenyans from voicing their opinions but i agree with most here  the judge record should be scrutinized to see the kind of judgement he/she been rendering. judge bandia huyu

Ann Kaguru said as much as she summarily made Alan Wadi the first post-Moi era prisoner of conscience.  Msimtusi muthamaki.
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a deterrent penalty is called for to serve as a warning to others
"I freed a thousand slaves.  I could have freed a thousand more if only they knew they were slaves."

Harriet Tubman

Offline Little Bella

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Re: Blogger Jailed
« Reply #15 on: January 03, 2015, 05:52:01 AM »
They're waking up to new media(like social media) that has grown too powerful as traditional media that can easily be intimidated loses the punch.
When I saw that ka-bit about not publishing/reporting Kebab atrocities (Duale explained that somehow, when KTN broadcasts that Kebab have killed 50 people in a bus, this reporting is what makes us insecure...) When I saw that bit, I immediately wondered how that can be achieved today? If you remember the Assad chemical weapons business in 2013, it was known that chemical attacks had happened through thousands of youtube videos flooding the net just hours after the attack. We must be the silliest human beings alive if we need technology to be reversed and for people to lie in order to deal with terrorism.

Offline RV Pundit

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Re: Blogger Jailed
« Reply #16 on: January 03, 2015, 09:12:39 AM »
Next they will come for us in Nipate.

Offline Gorillaman

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Re: Blogger Jailed
« Reply #17 on: January 03, 2015, 09:18:21 AM »
@Omollo
Where is the uproar? Where is the civil society to denounce such actions? Where is the uproar on the web? Where are the university studenst to shove it to this fake goverment?








Stipulation against hate speech is well enshrined in the same document the civil society fought so hard to enact.

Offline Ole Ole

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Re: Blogger Jailed
« Reply #18 on: January 03, 2015, 09:59:34 AM »
her last name betrays her lol The poor judge 'kaguru' cannot believe the lowly can question muthamaki
kenya is entering a very dark phase, it will take people of good will to put resistance else your kids and my grand kids will be busy
fighting for 3rd liberation instead of building the nation.

kenya justice system can be swift, was it Ali who said you would need more time and investigation to nail a chicken thief..damn

i think this was a show trial, scare crow prosecution to scare kenyans from voicing their opinions but i agree with most here  the judge record should be scrutinized to see the kind of judgement he/she been rendering. judge bandia huyu

Ann Kaguru said as much as she summarily made Alan Wadi the first post-Moi era prisoner of conscience.  Msimtusi muthamaki.
Quote
a deterrent penalty is called for to serve as a warning to others

Offline vooke

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Re: Blogger Jailed
« Reply #19 on: January 03, 2015, 10:00:20 AM »
I have always regarded online anonymity as a luxury. Looks like it will be a survival tool. And we will look to China and Anonymous for time tested tips.

Step 1, pay a moron to register a SIM card for you.
Step 2, use the SIM card on a secondhand phone WITHIN public places
Step 3, open social media accounts using the phony number and a fresh email account
Step 4, discard the old phone for good
Step 5, Pundit & TRV help us with remaining anonymous online especially on smart gadgets. How anonymous is Opera Mini and Chrome? Everytime I try to check my IP address on non default iPad browsers, I get different results
Step 6, Step up matusi for this Jubirlee
2 Timothy 2:4  No man that warreth entangleth himself with the affairs of this life; that he may please him who hath chosen him to be a soldier.