"Mnyonge hana haki" (the poor have no rights)

The criminal case against Lucy Kibaki has been thrown out. Link Check out Adrian's great post on Justice made in kenya. Please comment there so we can track the diff contributions in one place...ama?

The magistrate said: "The court feels the nolle prosequi goes against public expectations. It tramples on the right of the vulnerable and the hopeless in society.
"Whichever way the court feels, it could complain about the circumstances of presentation but can't ever reject a nolle prosequi. That is the law and I am bound by it." Mr Otieno objected to the nolle prosequi, saying it had not been signed by the AG and that there were no proceedings before the court for the AG to take over and purport to terminate.
"I am disappointed. All I can say is we need a new constitution. Mnyonge hana haki (The poor have no rights)," said Mr Otieno.

If you are a kenyan lawyer or well versed in Kenyan law, is there a provision somewhere that can buck this stifling rationale given by mr murgor? ( I doubt, but who knows what can happen when you have bloggers who can chambua (analyze and breakdown) things. They need to hurry and put the laws of kenya online for free.Bankelele blogged about it. Link. You can click here for a link to a pay per use site (the link is via KenyanPundit whose comments on this are anticipated, albeit by many bloggers)


Blogger jjray said...

I don't know the specifics of the Kibaki case nor why the prosecutor dropped it (nor Kenyan law other than that it was derived from British common law). Is the problem that the law allows the prosecutor discretion or, rather, that the prosecutor is corrupt or weak and allowed himself to be influenced by the President? Personally, I prefer that the prosecutor have discretion to drop cases where he or she thinks justice warrants it. Do you want a prosecutor to be forced to prosecute every case the police bring to him? Not a good situation. However, the key to the system is to have fair and honest people in positions of power. I believe this to be at the root of problem in Kenya. The corruption was built up over decades and it will take some time to root out; however, the Kenyan people and the world community have to continually push the Kenyan leaders to improve the system.

5/19/2005 4:12 PM  
Blogger Afromusing said...

(Not a lawyer either!)What i could gather from the explanation on the article: The problem is that the Attorney General has very broad powers on deciding whether the case should be thrown out. In this case he chose to throw it out rather than have it heard.

I feel you on the corruption though. I havent been home for awhile but i wonder if people have become apathetic?

5/19/2005 11:01 PM  
Blogger Shiroh said...

me wakili but i didn't really know what is it that you wanted to know, but an AG has the power to take over any case and terminate even if it is private prosecution,
fee note? Maybe what should happen is that shouldn't be allowed for capital offences, nolle prosequi are entered everyday in Kenyan courts especially when files go missing or the police have adjourned the case so many times yet they have no evidence,
What the DPP did was a gross miscarriage of justice, he should have left the guy go on his defence you can't shoot a guy and then say you mistakenly believed that he was a thief and most not when you have a confession,that is not self defence, it is only where a person is in real threat of danger and kills a person.

5/20/2005 8:48 AM  
Blogger Afromusing said...

shiroh, thanks for the info, i guess the question is whether here a requirement that all cases go through the AG's office?

5/25/2005 10:04 PM  

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