Kerfuffle

Problem Solver.
Advocate .
Playing for a God moment in this human experience.
Life, is a tragic comedy, told at second instance.

[Faith Odhiambo @FaithOdhiambo8]

Yesterday in Parliament, the Cabinet Secretary for Health, Aden Duale, failed to assure the country that the government’s decision‑making on the Ebola question is within the law and fully under control. The Constitution demands both legality and respect for court orders and public participation.

Listening to him, the message is clear, the court will have its say but the executive will enforce their way.

When a High Court has already issued conservatory orders suspending an Ebola‑related facility, any suggestion that the Executive can press on regardless converts being within the law into a slogan to justify disobedience. Constitutional obedience is not optional and it is not subject to administrative convenience.

Kenyans are entitled to clear, honest answers. Who authorised these arrangements, on what legal basis and with what safeguards for public health and sovereignty? Dismissing concerns as mere alarm while sidestepping these questions undermines public trust in both the Ministry of Health and Parliament’s oversight role.

The right to health under Article 43 must be read together with Articles 10, 94, 95 and 165 on constitutionalism, public participation and the authority of the courts. You cannot promote public health by eroding the very legal framework that protects Kenyans from arbitrary executive action.

[NTV Kenya @ntvkenya]

Mbijiwe: Hope Crushed In Court

Efforts by the family of missing security expert Mwenda Mbijiwe to have police produce him in court dead or alive have hit a snag.

High Court dismissed a habeas corpus application by the family.

#NTVTonight @DannMwangi @Karanja_Ibrah

[Kerfuffle @1Cauduceus]

@joshuamalidzo @Ndonglaw043 What about the safety of the accused persons?
With the allegations in question, and emotions justifiably at a high, is it far-fetched to forsee an attempt at retribution from anyone group of persons?
Having suspect in custody under such circumstances
ideally, safeguards them

[Kerfuffle @1Cauduceus]

@mmnjug These people will use and dump everything they touch! Tissue Effect, lakini because of context tuite water jet effect.

[Kerfuffle @1Cauduceus]

@RileeDHarrison Woooosa every damn day!

[Kerfuffle @1Cauduceus]

@KenyanSays @NCIC_Kenya How can this foolish spiteful leader insult and threaten fellow Kenyans without any recourse from you, a body mandated and well resourced to Action on exactly such utterances?
We dont have to wait for threats to be actuality to ACT.

[ROBA & ASSOCIATES LLP @AssociatesRoba]

BREAKING from Court of Appeal: If You Were the Last Person Seen With a Murder Victim, Failure to Explain What Happened May Prove Your Guilt

The Court of Appeal has upheld the murder conviction of a man who killed his own two-week-old son before secretly burying the infant in a shallow grave near his home in Meru. The chilling case began when the child's mother left the newborn asleep in the appellant's house, only to return moments later and discover the baby had vanished. As panic spread through the family compound, the father gave conflicting explanations before police compelled him to reveal the child's location. He led officers to a nearby banana plantation where the infant's body was recovered. Medical evidence later revealed devastating head injuries, including multiple scalp haematomas and bleeding within the brain, ruling out any possibility of an accidental fall.

In a powerful endorsement of circumstantial evidence, the Court found that although nobody witnessed the killing, the chain of facts pointed irresistibly to the father as the perpetrator. The judges relied heavily on the "last seen with" doctrine, noting that the appellant was the last adult left alone with the child and failed to offer any credible explanation for the baby's disappearance and death. The Court rejected arguments that the prosecution's case was weakened by the absence of a murder weapon or the failure to call certain witnesses, holding that the medical findings and surrounding circumstances were more than sufficient to prove guilt beyond reasonable doubt.

The decision reinforces a growing body of Kenyan jurisprudence affirming that murder convictions can rest entirely on circumstantial evidence where the facts form an unbroken chain pointing to the accused. It also strengthens the application of the "last seen with" doctrine, placing a heavy evidential burden on individuals who were the final known companions of deceased victims. While the Court upheld the murder conviction and found clear evidence of malice aforethought, it reduced the sentence from death to 25 years' imprisonment, reflecting the post-Muruatetu shift towards determinate sentencing even in the most serious criminal cases.

Kindly retweet. 🙏

[Kerfuffle @1Cauduceus]

Imagine planning to spend valuable time (30 days) and energy hating on a world class footballer who knows you NOT! Who owes you NOTHING! And for ZERO SELF GAIN.
Hate watches stand out as an effective actualization of the depictions of the MATRIX TRILOGY on ENERGY HARVESTING.

[Mwawasi 🏆 EPL CHAMPIONS @Mwawasi__]

World cup naenda bila team full time job ni ku hate Ronaldo sisi Messi fans kazi iliisha 2022

[Kerfuffle @1Cauduceus]

@RealKaruga Matatus count?

[Kerfuffle @1Cauduceus]

@DonVictorSimon On what charges exactly?
If you cannot place them at the scene, or sparking the lighter or purchasing the fuel, why arrest and arraign on weak to no evidence of culpablity?
However, we must be told who failed in their task enabling the minors to acquire flammable accelerants!

[Kerfuffle @1Cauduceus]

@MsMiriti Lets not rush things. Has anyone considered the Shelf life / Statute of Limitation for Karma?

[Barred and Bearded @RileeDHarrison]

Got asked to speak on a panel for an AAJ seminar called “Marketing and Building a Brand as a Newer Attorney”. Really excited for the opportunity.

What tips would yall give newer lawyers for marketing/brand building?

[Kerfuffle @1Cauduceus]

@Kenyans A keen observation of the captured images and yiu soon realise that no one cares what is reported anymore. As usuaL, the editor is somewhere scrolling away as mis-reporting goes un-abatted.
Journalistic Etiquette hakuna

[Eric Muriuki @Benign_Overlord]

The constitution of Kenya has really tried to guarantee and protect the rights of Kenyans in many spheres of existence. In fact, it is one of the most progressive as it not only provides and guarantees first generation civil and political rights but also guarantees social and economic rights in Article 43.

However, 16 years after promulgation of the constitution, some institutions still remain afflicted by cultures and attitudes of the former constitutional regime. None suffers this malady quite like the criminal justice system.

The worst violations of human rights and the most prevalent by far relate to rights of arrested persons provided for under Article 49. The police in Kenya have mastered the art of punishment by process.

Here is how they do it. Say you are arrested in Nairobi for something like taking part in protests which is not an offence really but we will address that later. You are taken to a police station and kep there without being informed the reasons for your arrest and without being "processed."

You are held as an arrested person for all intents and purposes but not accorded the right to call family or to call a lawyer. Mostly you are kept hungry and thirsty with limited access to toilet facilities. Later in the evening, you are booked and "processed." But the police are clever.

They know that the constitution demands that an arrested person be produced in court within 24 hours. So they "transfer" you to another police station where you are booked again and in their minds, the clock resets and they now have another 24 hours to keep you.

Article 49(2) which absolutely prohibits detention of people suspected of petty offences and all the provisions on police cash bail are treated as suggestions. Should you manage to contact a lawyer to come to your rescue, they are taken in circles and eventually maybe only allowed to see you for a few minutes depending on the mood of the OCS or other police officers.

During the fule hike protests, the police kept 200 arrested Kenyans in custody all day only arraigning them past 5.00 pm the next day much to the magistrate's distaste. Once arraigned they narrated occasions of abuse including assault and extreme neglect of their medical conditions.

The police do not treat areested persons as human beings with rights. They treat them as if they are already convicted. Kenyans have suffered and continue to suffer every time they have to go through the criminal justice system. Most times, those who are punished by process are innocent as they either end up acquitted or having the charges against them dropped.

Urgent reforms are required to make sure than no Kenyan is punished before they are found guilty by a court of competent jurisdiction. Of course, the police are not alone in violating these rights. The ODPP and the judiciary are either directly culpable or complicit. But I will address the failures of those two institutions later.

Right now, the very necessary and urgent reforms include:

1. A deliberate program of retraining all police officers. This training should focus on human rights and service to the people.

2. Lawyers MUST claim back the dignity of the profession. Whe a lawyer goes to a police station to see a client, the police must immediately oblige and this is not for the lawyer's benefit but the client.

3. All police stations MUST have functional CCTV cameras with footage accessible on request.

4. The normal police training curriculum must migrate from the colinial policing objectives to constitutional policing objectives. Raia sio adui. A 6-month obstacle-course training is an insult to Kenyans

5. Miranda rights MUST be respected and enforced. A person must be informed of the reason for their arrest during the arrest. Currently the police will arrest a person then look for an offence to charge them with.

6. The police must remember that they can very easily be the oness in need of these rights to be respected as they could also be arrested.

[Kerfuffle @1Cauduceus]

@quincygitahi @Kalasinga_ @Bulumacleo Huku nje you people are dating Spartans. Wdym 7yrs buana?

[Kerfuffle @1Cauduceus]

@CaxstonePKigata No. 3 suits the work station to a Tee. Great Administrative work by CJ

[Caxstone P. Kigata @CaxstonePKigata]

The Chief Justice has posted the 13 newly appointed ELC Judges as follows:

1. John Wanyonyi - Homa Bay
2. Josphat Kuyioni - Machakos
3. Belinda Akoth Akello- Mombasa
4. Mugambi Cyprian - Busia
5. Lilian Lewa - Chuka
6. Elena Gathoni - Kwale
7. Jecinta Orwa - Voi. 1/2

[Kerfuffle @1Cauduceus]

@K24Tv Elections within professional bodies has been hardest hit by the sheer primitive behaviour that is tribalism.
Support will be rallied across tribe, then proximity and lastly and certainly least important is the capacity to deliver.
What a sad state for Education in Kenya.

[Kerfuffle @1Cauduceus]

Tribalism is a colonial tool shipped in to Africa, like jiggers, through the Berlin Conference.
They treated Jiggers as they watched us seeth covetously over our (culrural) differences.
As Africans, we must kill our diversity to eradicate Tribalism.
In any event, who wins?

[K24TV @K24Tv]

Salma Nur: We are just tribeless on paper, but in reality, we are very tribal. In campus elections, if you were not from a certain tribe, it worked against you. This tribal narrative is still affecting us—even on campus.
#GenzManifesto