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Thursday, June 24, 2010

Kirui's Release a Profuse Miscarriage of Justice

Make no mistake, video evidence is no sufficient ground to convict a criminal. If video pictures are no evidence where does that leave the fate of investigation into burning houses, forceful circumcisions, rapes, beheadings and serial killers?

And oh, the government's quest to install CCTV in our streets must be an intention to beautify the cities with camera.

Kenyans must have seen it coming. Having the Kenyan police investigate one of their own must be akin to delegating hyena the responsibility of guarding the pen. No brainer. Even the Judge sounded so self-contracting by accepting the video recording as Kirui but trust police's deliberate and systematic cover up to defeat the course of justice system.

And these cops are smart. By meticulously presenting a gun for ballistic testing that is so similar to the killer weapon except the first digit, they knew they were guaranteed to both run and hide permanently.

It may be time to have an independent prosecution services different from the law enforcement police force. But again IMPUNITY enjoys immunity to any office. We surely need total change in basic values and attitudes towards human life before we even shout reforms.

You can only imagine the unbearable pain of relatives of the two victims. Imagine the traumatized witness Wafula who positively identified Kirui given he was one of those being kicked and pinned down that fateful January 16, 2008.

Granted respect for the law is what separates us from other animals in the jungle but what do you do with irrefutable evidence butchered with scandalous investigation? Well, theorists can cobble countless conspiracy theories that will not lessen the pain of a bereaved mother seeing the killer of her son set free on such shoddy prosecution.

33 comments:

Anonymous said...

we are in a police/security agents state controlled by the Kiambu mafia!

Ati grand Coalition Gava.wapi?

Kiabki and RAO are just images

Anonymous said...

They should first prosecute the one and only who referred to the ethnic genociders as "freedom fighters" before they prosecute kirui.

Anonymous said...

Taabu,
Wewe wacha zako, ati theorists minting countless conspiracy theories. Hiyo kali.

And you know what, you are right. Kirui is as guity of murder as Satan but he exploited our incompetent judicial system. If only he knew that at 27 he will live with those two people's blood for life. Wacha wengine wapige domo tu.

Anonymous said...

If Kirui is really guilty of killing an unarmed civilians as seen on the old youtube footage, then, he will be no stranger to future episodes of unproked killings. Time will tell.

There are times when I wonder why some police officers or ex-police officers die in mysterious circumstances, or seem to have cursed lives.

It maybe a case of restless spirits or bad karma out to collect its dues.

Any good prosecutor should have asked Kirui to wear the same riot gear, walk the same the distance at the same pace, while firing a rifle as shown on the infamous footage. Then compare the two individuals.

His colleauges know whether did or didn't do it.

Had the culprit taken several million shillings from a Mhindi's business premises on Odinga Onginga Road in Kisumu or on Luthuli Avenue in Nairobi or Digo Road in Mombasa, the police officers would not have wasted any time before claiming their 'rightful share.'

The Killer policeman in question, had a very distinct style of walking and movement.

Anyway, we still live in a fourth-world nation. Otherwise, forensic photography would have been used to mirror the features of the killer-policeman with those of Kirui or any other suspected police offer near the scene or on the riot squad that was in the vicinity.

luke said...

Come on Mwalimu, you know watching that video was akin to watching a "Rambo Movie" and Rambo is fake!therefore if Rambo is fake then that video must have been fake too

Meanwhile wapi Terry?angalia tena, nani kama SG in the whole....?

Anonymous said...

The acquittal of Kirui should serve as a big lesson to Raila’s goons who turned Kenya into a killing field under the guise of stolen elections. Both Kibaki and Raila posted suspect results in their stronghold but Raila cried foul after he was outsmarted by Kibaki in the 11th hour.

All those who were killed by cops were not found in bed romancing with their wives or watching TV. They were found engaging in mayhem and looting in the streets. Raila’s goons foolishly burnt down Kisumu town yet they stood to suffer and not the Kibaki they were protesting about. What had looting business premises got to do with protesting alleged stolen elections? We saw men and women on TV looting Ukwala Supermarket in Kisumu. What had the supermarket to do with the elections?

In fact, police were so lenient with their guns and they should have killed more of Raila’s goons to teach them a lesson. After what they did in Kisumu, do they expect any major investor to sink his cash there? You don’t defecate in your own bedroom knowing too well you will sleep there and suffocate in you own stench.

PEV would not have occurred if Raila didn’t tell his goons to engage in mass action (murder). Let them blame their master and not the police.

Anonymous said...

Genocide Master Raila continues to polute the air of Peace loving Kenyans. Ocampo, please drag this fellow to hague.

M. Pesa said...

Where are the Rt Hon PM and other ODM MPs to condemn this sham ruling, prosecution and investigation after two of their innocent supporters were executed in cold blood as TV cameras rolled by a barbaric policeman?

Anyway, just close your eyes for three seconds and imagine if the two young men who were executed by the cop were sons of a "somebody," say for example a fat cabinet minister or a land grabbing tycoon. Surely, would Kirui have walked scot free? No prizes for guessing.

I hope the killer cop who fired the fatal shots and executed the two unarmed men is haunted and tormented by his evil and cowardly action every night while he sleeps for the rest of his sorry life!

Meanwhile since no one has been convicted over this macabre killings and many others related to post election violence and extra judicial killings, then it means we have hundreds of killers walking free in our streets instead of doing life at Kamiti.

It's absolutely clear that our police force is the most corrupt and inept in Africa. Even Oscar Foundation killers roam free, two years on yet no one has been even questioned. The Uhuru Park Bombers also roam free. The killers of 5,000 young and jobless youths from Central province executed by Kwekwe Sqaud in the name of fighting Mungiki also roam free. Welcome to Kibaki's banana republic!

Anonymous said...

Those who love Kenya should be proud that we have heroes like Kirui in our police force. Just imagine for a second what would have become of Kenya without our hard working police. The "haki yetu" mobsters were maurading burning down whole towns (Kisumu), destroying commercial infrasture (rails & roads) not to mention their raping and murderous sprees.
Kirui and co deserve a pay rise, a medal and a promotion. They saved us from darkness. It is better to lose a few goons and save a nation.

Anonymous said...

Kirui should be promoted and posted to be in charge of Kibera where some Raila goons are still occupying other peoples houses without paying rent.

Anonymous said...

As long as we have national thugs who want to illegally grab power, and worshippers who are ready to die for these thugs, we will continue to need nation defenders like Kirui.

Anonymous said...

Taabu,
Just ignore the whiners always lurking in the dark to throw wild jabs at you. You must have realized they don't read your posts but rise with e-bombs once they see who has posted. That is typical Kenyan mindset for you.

You must be smart enough not to engage in cat fights. Kenyans HATE the truth and e-grudge galore amongst them. Ignore the AIRHEADS.

Anonymous said...

The flip side of the coin is that if people on this website can justify kiruis henous crime then I also believe flipped the other way they may also turn a blind eye to the eldoret and naivasha massacres......what is happening to kenyans? are we becoming savages or what? I suspect some of these lads are busy warming a seat somewhere in the UK or US oblivous of what has made their own lives safe! the rule of law.

Anonymous said...

Kirui cannot be a heroe period. once a upon a time the wazungu's who murdered or raped black men were also labelled heroes.... On the same basis that kirui is being branded a hero then anyone can claim that the people who were responsible for the eldoret or naivasha burnings are also heroes and defenders of property or land.

I think some people on this site have just lost it!

Mwarang'ethe said...

It may be time to have an independent prosecution services different from the law enforcement police force. But again IMPUNITY enjoys immunity to any office. We surely need total change in basic values and attitudes towards human life before we even shout reforms.

xxx

The bitter truth is this. The state is not and has never been in the business of ensuring JUSTICE. In fact, it makes it almost impossible to achieve any justice.

Its job is to administer law which it enacts for its own defence. For instance, a few days ago, when one policeman was killed, the policemen went on rampage killing 2 innocent by standers in the process.Understood this way, what has happened and what will happen, will not surprise some of us.

You see, our state originates in bloody conquest and subjugation. That philosophy remains much alive no matter who is occupying the big seat.

However, when you go to law schools, they teach/brainwash us that, our states have originated from social contract. What a lie!

Unfortunately, since we accept the lie of social contract, our approach to constitutions and governance is rooted in such a lie. Therein, lies the tragedy unfolding and to unfold in the future.

If we are to have a governance system that will protect the weak, those charged with framing the governance structure must be aware of the true philosophical origins of our state and its essence.

Every state in history was or is a state of classes, a polity of superior and inferior
social groups, based upon distinctions either of rank (Feudal State) or of property (Merchant State). Ours is a polity whose distinction is based on PROPERTY.

It is for this reason, we have written very extensively about the absolute necessity for protection of property of those who labour. Without this philosophy as the cornerstone of our reforms, it will amount to nothing.

It must be so because, the original intention of our state was property confiscation which requires subjugation.

Thus, to reform our state, this original intention must be negated. We have not even come close to such a negation.

Anonymous said...

Mwarang'ethe,
Wow! It is great to see that of late you have expanded your twin idols land and money (PROPERTY) to inlude Feudal/Merchant State.

If only life was that UTOPIAN! Well continue doling out theories and one day you will choke on them.

Serial critic=REBEL WITHOUT CAUSE, even if intellectual.

Mwarang'ethe said...
This comment has been removed by the author.
Mwarang'ethe said...

Anonymous said...
Mwarang'ethe,
Wow! It is great to see that of late you have expanded your twin idols land and money (PROPERTY) to inlude Feudal/Merchant State.

xxx

Kweli, you have a very small mind. Since you are such an idiot, we shall make it a bit simple for your trained mind.

You negate a state founded upon consfication and subjugation by reforming land and monetary systems.

If you read properly, which seems impossible to you, we have noted that, the Merchant State inherited intact the Feudal State's instruments of subjugation.

Thus, you will never run away from these vital areas for it is through these institutions, the absolute right of property of the poor is negated.

And, since human rights are nothing but property rights, you will never have so called HR without protection of right of property. In other words, the talk of HR without absolute right to one's labour is hot air.

And, just to illustrate using M.Pesa's comments. He wrote this:

"Anyway, just close your eyes for three seconds and imagine if the two young men who were executed by the cop were sons of a "somebody," say for example a fat cabinet minister or a land grabbing tycoon. Surely, would Kirui have walked scot free? No prizes for guessing."

xxx

It should be obvious to even small minds what M.Pesa is saying. He is saying this. If you have property, your right to life etc is secure. If you have no property, woe unto you.

If that is the case, doesn't it follow that, the only way to have HR respected is to command property?

And, if this is accepted, doesn't it follow that, if we are serious about HR for all, the most critical issue is how the poor may command property?

Jan said...

Kikuyus are bright. Luos are daft. Picture this, a Kikuyu officer kills many Luos in their capital city of Kisumu. He is caught on video killing two Luos. Guess who frees him?? A Luo judge.

This is the type of shit one cannot make up.

Kiprono said...

@Jan..kirui is Kalenjin you idiot! Secondly, kumekucha reflects the very image of Kenya, laws are written, principles are set, but they are violated with impunity. The worst kind of impunity is that perpetuated by the masses, FOR INSTANCE,:This blog always sows the seed of tribalism and discord, with too much negativity....contrary to trhe written and alid out rules that reads thus:
Any post/s breaking the house rules of COMMON DECENCY will be promptly deleted, i.e. NO TRIBALISTIC, racist, sexist, homophobic, sexually explicit, abusive, swearing, DIVERSIONS, impersonation and spam AMONG OTHERS. No exceptions WHATSOEVER.

You might as well replace this with the following:
Tribalism and negativity is highly recommended for this blog’s hit counter!

Anonymous said...

Mwarang'ethe,
Come on, drop the bragadocio and smell the coffee. Your high-sounding theories amount to nothing but excite your own skull. One minute you trash HR next minute you are on top of Mt Kenya lecturing us on the same.

Just accept it man, you CANNOT cheat yourself to know everything and mint theories trasshing all opinions. Watch out bro, you may choke in your own octane trivia.

Anonymous said...

Mwarang'ethe,

You have alluded to it many many times:

There are many, many Kenyans who have eyes and ears but refuse to use them to see and hear. They are the biggest let down that this country has and the biggest OBSTACLE to CHANGE.

Although they do not realise it. they have, inspite of all the education that they have - some upto MBA and Phd level, been TRAINED to be SLAVES and SERVANTS to the status quo.

Anonymous said...

Kenya refugees fear renewed violence
G


By LUCAS BARASA
Posted Wednesday, June 23 2010 at 16:21
Kenya internal refugees have expressed fears of renewed chaos in the post-election violence hotspots following inflammatory remarks by politicians in the ongoing referendum campaigns.

The worries, the Internally Displaced Persons said, have been worsened by the start of the International Criminal Court investigations into the 2007 violence and the Truth Justice and Reconciliation Commission process.

IDPs national chairman James Muchina and IDPs Network coordinator Kepha Mageni were, however, happy with the action being taken by the National Cohesion and Integration Commission on leaders accused of engaging in hate speech.

“There’s a lot of tension in areas that were adversely affected by the post election chaos. People are being intimidated and threatened. There’s also a lot of fear and negative ethnicity, a thing that is worrying,” Mr Mageni told a workshop on protection of IDPs organised by Kituo cha Sheria and Internal Displacement Monitoring Centre in Nairobi Wednesday.

They said the threats were as a result of deliberate misinterpretation of the land clause in the proposed constitution and the fact that suspected perpetrators of post election violence were “still roaming around freely".

The IDPs officials named Mt Elgon, Trans Nzoia, Uasin Gishu, Kipkelion, Kuresoi and Kericho as the most affected by threats to violence and urged the government to beef up security.

Satellite camps

They regretted that most of security personnel deployed to the areas at the height of the chaos that left 1,133 people dead and 650,000 displaced had since been withdrawn.

Mr Muchina said the IDPs who had returned to their farms were contemplating returning to satellite camps for security reasons.

“Ethnicity, threats and rumours witnessed before the 2007 chaos have started emerging yet the government has done little to take security personnel closer to the people. When the ICC prosecutor came temperatures on the ground went up,” Mr Muchina said.

ICC chief prosecutor Luis Moreno-Ocampo was in the country in May.

The IDPs further called on the government to carry out civic education and clarify claims by the NO camp that some communities will be evicted from their farms if the proposed constitution is passed.

Lawyer Paul Muite took issue with the government for failing to allocate enough money for resettlement of IDPs in this year’s budget.

He, however, called on IDPs to increase pressure on the government to address the issues affecting them.

He was hopeful that prosecution of key financiers of 2007 post election violence in the Hague would pave way for establishment of a local tribunal to deal with “small” fish.

Kenya National Commission on Human Rights commissioner Hassan Omar and a Centre for Human Rights and Governance official Kipseret Chepting regretted that some people were occupying houses and farms that belong to others especially in Nairobi and Rift Valley but the government was doing nothing to evict them.

Semblance of peace

Mr Omar said some IDPs had reported to his organisation threats of violence ahead of the August 4 referendum and indicated that they would rather not vote.

“They say they don’t want the referendum to interfere with semblance of peace they are enjoying,” Mr Omar said, adding that the government should ensure all Kenyans enjoyed their right to vote either Yes or No.

An assistant director in-charge of resettlement at the Ministry of Special Programmes, Mr Michael Nyamai, said 798 IDPs families out of 6,082 have been resettled.

Anonymous said...

Who said small minds talk about people?

Small minded people talk about stale issues, regurgitate political ooze 24/7, and they are so addicted to shooting breeze from both ends of their mouths.

Congratulations.

Anonymous said...

they should just go ahead and release onyancha too ,there is no difference btwn this guy and him

Anonymous said...

Articls like dis one belong to jukwaa-

Anonymous said...

And why are you here then?

deroo said...

HA HA HA!

Did anyone see that man shooting the USED boy? No, he only KICKED a body that might have been shot by another cop.

What about the mantra NO ... No Peace. The Price of Democracy. What a was of life and subsequent trial time?

The law should be whipped. Remember the riots in the States in the early 90s?

Anonymous said...

Deroo,
You are back with your primitive chants akin to peeing on a victim's grave. You need a mental disinfectant after calling Luyhas cooks and watchmen (forget Kamotho) you are back itching like a rabid dog. Grow up please and get civilized, won't you?

Kamatusa said...

Kirui being released amounts to nothing...he is one of our brave Kalenjin Warriors and we shall now move and clear all Kikuyu viruses that have infected the Rift valley.

We are taking Naivasha and Nakuru back, atleast we cleared some back in Eldoret, so the Kiambu and Mt. Kenya Mafia better watch out. Our Koitalel (Ruto) is taking us to the promised land and we shall use stupid kikuyus to get there.

Lets see if bwana failed project( uhuru) is a match to our Maestro Ruto and we shall see who shall outsmart who.

Kikuyus will not hold this country hostage and if you are one and buying land in the rift..you better be afraid very afraid... Enough said.


R-r-r-r-r-r-roger that.

Anonymous said...

Mwarang'ethe,
Please do some justice to this stale post.

You have been sleeping on the job. How comes you have not spinned some big theories on either of these

1) the ongoing G8/cartel in Canada
2) embassy land fraud in Tokyo involving Wetangula
3) latest book exposing Mandela as not the saint he paints.

Come on profesor, the ARIHEAD are waiting to cheer, don't let your fun base down.

Anonymous said...

@Anon 9.03,
Watch out lest your tongue pokes a hole in your cheek, LOL.

Anonymous said...

Taabu,
Come out of your retirement and give us you take on GEMA unity meeting in Limuru last week. I am uncomfortable with those bastards' unity because it is not good for Agwambo's presidential ambitions. These are the same guys who stole Ruto from our man and then betrayed Ruto by dividing RV into counties. Washindwe!!!!!!!

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