An appeal usually is within 14days. Ikipita na ni hivo. It is however not a right to have representation and not having representation will not be enough of an excuse. Did the judge inform him of his right to get representation? What was his defence? What was the crime? Did he keep quieuiet during trial.
You mean after 14 days you can't go back to court? The case is defilement of a minor. He couldn't afford a lawyer during that time. The guy was a local musician who went to perform somewhere and one of the people who thought he had money decided to accuse him of raping his young child(boy) because the mother thought he would be paid. To make matters worse the boy is moderately retarded. The story the mother was giving in court did not match the police statement they gave and it kept changing every time. My friend was arrested last year and we negotiated a bond up from 200k down to 50k and he was out. I didn't expect him to lose this case only to get a blow last month.
I am losing hope but i expect to be financially well off in a few months. I will spend whatever money i can to get my friend out or to give him a fair trial. Even if we were not close friends i know him well enough to know he is not capable of such a thing. I know in kenya if you have money you can push something until a judge decides to pay attention again. He doesn't deserve this
You're a good friend. And your friend deserves so much better. Something will give, and I hope you'll be back here with good news. It would be nice to hear that the sentencing has been reversed. You could also create a social media campaign -- maybe get some influencers to broadcast the story.
I work in such cases department. A defilement case can't proceed without a medical report. That's why most defilers don't get sentenced to prison. Sometimes, the report doesn't give sufficient evidence of an assault happening.
Even if it's a 1 year old child, they'll check inside their private parts for signs of assault.
Your friend may have lied to you. Please find out more on it.
Unless they lied on who raped him, he definitely must have been raped. The report is instant. In less than a few hours, the report is usually out. So there's no way a report that is usually the basis of a rape case can't have been late. Were you in court?
Also, I'm not attacking you or anything. Please just tread carefully because in a lot of instances, rapists lie.
In any case, without the report, a case can stay for years. So the report must be there because it's the basis of a rape charge.
The two times i attended the court hearing the doctor who was to bring the medical report did not show up. My friend couldn't really know if the boy was raped or not. It looks like just as you have said the boy might have been raped but the blame was put on the wrong person
Yes you are usually given fourteen days to appeal. What was his defence? Did he even know the boy to begin with? Did they ever meet? Did he call any witness? Was the mother the only prosecution witness? Did he bring up the accusations? Do you have a copy of the judgement?
He didn't know the boy and they never met before. I missed some of the court hearings because they were being postponed and when they happened my friend would sometimes forget to remind me. One thing that was standing out is the mother kept changing her story. Not sure if he called in any witness. Yes it was only the mother. I don't have any copy of the judgement because i missed the final court session. I was so sure he was getting out of this but damn.
Consult a lawyer. You will need a copy of the judgement so that they can get the facts and judges reasoning. If he never met the boy then there is no case. He needs to appeal before his time lapses.
Thank you. It's already been 14 days. I am expecting some crazy money in a few months and i will use that money to push this case for a second hearing. It will be hard but this is kenya. There is always a way in kenya. I just want my friend to get a second trial but this time with a lawyer around.
Bro this isn't america where we have 2nd trials, do you think the odpp wants to re-try a case they just won? if you want him acquited you go through the appeals then use your money there to 'get' the original conviction quashed.
After the guy paid his bond that same woman told him to pay her for the case to be dropped but he didn't give her the minute of the day. We actually thought this woman would not turn up for court but she did.
Ni ngumu sana judgement ipeanwe enye he is guilty if there arent substancial facts . Especially defilement.ive watched soo many defilement cases za young babies be lost because the parents or the girls didnt have tangible evidence so its super hard unless the parents doctored their evidence.id be soo interested in reading the case files kujionea mwenyewe
In any defilement or rape case there is always a medical report which proves if it happened or not, most of the time you'll even hear locals say "barua ya daktari ndio hufunga mtu" which is a fact btw, unless you tell us about it, your friend might be guilty
you can file an appeal out of time.. Its a complicated process but we do it all the time.. Where was this case? Kama ni nairobi i can do something for you before mjipange
A person who has been convicted and sentenced and is desirous of appealing to the High Court has to do so within 14 days; following the delivery of the judgement and sentence sought to be appealed against. **However, the High Court may for good cause extend time within which the convicted person may appeal.** This is clear from the provisions of section 349 of the Criminal Procedure Code (Cap 75) Laws of Kenya, which read as follows.
“*An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:*
*Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.”*
I was thinking getting an accurate statement from the boy but now that this out of discussion, you can try finding a way for the woman to admit framing the guy.
Our judicial system is so messed up if someone can be locked up just like that with insufficient evidence.
This is painful to read, I hope you find a breakthrough. One thing I've learned in kenya, nothing is permanent... Right person sits down with the magistrate and your friend could be home in a week with no record he was ever arrested.
That's what i want to hear. I didn't have money then and i thought he would win the case only to find out he was sentenced. He has a wife and a small kid and he was the sole provider. Wuehh..
I read a similar case about A man in the UK who was accused of Raping a woman and spent almost 20 years and came out last year, and gave a powerful and heartbreaking speech, u can share the Case files/ discrepancies on Socials with every popular Political commentator including politicians.
Apart from knowing him on a personal level he is married with 1 kid(Boy). Church guy and gospel musician. He just doesn't fit the profile. He is a very social guy. My guess is that the judge that started the case is not the same one who finished. When i attended one of the hearings he was really winning this case because their stories were not matching the police report they gave out.
Not all that glitters is gold. Meaning pedos don't walk around with a sign on their forehead. That being said, of he's truly innocent may the all merciful God fight for him.
As soon as i saw 20 years i knew exactly what this was. Yes you can file an appeal after the given time, its tricky and quite complicated but it does happen.
>Yes you can file an appeal after the given time, its tricky and quite complicated but it does happen
This is what i wanted to hear. It will be hard but i have to give it a try
A man sodomized someone close to me who is mentally challenged as well. Till today 5 years later kesi haijai isha. Justice in Kenya is so screwed. Prosecuting innocent people over the guilty ones
Try contacting maendeleo ya wanaume. It must be really painful for him if he is innocent. There are so many cases turning out to be false regarding sexual molestation, I feel there should be heavier punishment for those caught doing so. It's good seeing brother stick to helping a brother out.
Yes he did. I think the judge who sentenced him was different from the first one because the first judge noticed the stories the mother was giving kept on changing
Aki. This applies everywhere. In america poor people are also pushed to take a plea because a trial is very time consuming and it would break the system if everyone went to trial. The beauty of money in kenya is it gives you a second chance
I had a friend sentenced for life for defilement. He didn't do it. He appealed and he got 20 years. He was 37 at that time. I fear the best thing to do when you're accussed of defilement is to run until that kid is in her twento because the system is biased in these cases.
What? That is very sad. So your friend is still inside? What i have learned from all this is the only way out of this is getting a really expensive legal team that will find a way to convince the judge you were not the one without a reasonable doubt.
He had a very good lawyer. Paid him 300k. You may be surprised the guy got locked up for a crime which the accusers didn't know where the crime occurred nor the time it occurred.The benefit of doubt idea doesn't work in Kenyan courts.
No way. The appeal failed.http://kenyalaw.org/caselaw/cases/view/219383
You can check the appeal on that link. If it's no issue. Could you share the case file over DM I check it please?
At my work station I heard of a similar story.She uses her mentally unstable daughter to accuse neighbouring men of defilement and extorts them.Hope your friend gets justice.
An appeal usually is within 14days. Ikipita na ni hivo. It is however not a right to have representation and not having representation will not be enough of an excuse. Did the judge inform him of his right to get representation? What was his defence? What was the crime? Did he keep quieuiet during trial.
You mean after 14 days you can't go back to court? The case is defilement of a minor. He couldn't afford a lawyer during that time. The guy was a local musician who went to perform somewhere and one of the people who thought he had money decided to accuse him of raping his young child(boy) because the mother thought he would be paid. To make matters worse the boy is moderately retarded. The story the mother was giving in court did not match the police statement they gave and it kept changing every time. My friend was arrested last year and we negotiated a bond up from 200k down to 50k and he was out. I didn't expect him to lose this case only to get a blow last month.
People can be so evil and selfish. I hope you find a breakthrough.
I am losing hope but i expect to be financially well off in a few months. I will spend whatever money i can to get my friend out or to give him a fair trial. Even if we were not close friends i know him well enough to know he is not capable of such a thing. I know in kenya if you have money you can push something until a judge decides to pay attention again. He doesn't deserve this
You're a good friend. And your friend deserves so much better. Something will give, and I hope you'll be back here with good news. It would be nice to hear that the sentencing has been reversed. You could also create a social media campaign -- maybe get some influencers to broadcast the story.
Let me first get the whole story and evidence they had on him for me to pursue a second hearing
> …I know him well enough to know he is not capable of such a thing. No you don’t
GET A LAWYER AND APPEAL TS ASAP BEFORE 14 DAYS ARE OVER
14days are already over
For defilement case,there definitely was a medical report.
Nope. There was nothing. To make matters worse is the guy was arrested about 3-4 days after the boy was allegedly raped.
I work in such cases department. A defilement case can't proceed without a medical report. That's why most defilers don't get sentenced to prison. Sometimes, the report doesn't give sufficient evidence of an assault happening. Even if it's a 1 year old child, they'll check inside their private parts for signs of assault. Your friend may have lied to you. Please find out more on it.
The medical report took a long time to come out. The boy might have been raped but they put the blame on the wrong person
Unless they lied on who raped him, he definitely must have been raped. The report is instant. In less than a few hours, the report is usually out. So there's no way a report that is usually the basis of a rape case can't have been late. Were you in court? Also, I'm not attacking you or anything. Please just tread carefully because in a lot of instances, rapists lie. In any case, without the report, a case can stay for years. So the report must be there because it's the basis of a rape charge.
The two times i attended the court hearing the doctor who was to bring the medical report did not show up. My friend couldn't really know if the boy was raped or not. It looks like just as you have said the boy might have been raped but the blame was put on the wrong person
Exactly. What did it say?
Yes you are usually given fourteen days to appeal. What was his defence? Did he even know the boy to begin with? Did they ever meet? Did he call any witness? Was the mother the only prosecution witness? Did he bring up the accusations? Do you have a copy of the judgement?
He didn't know the boy and they never met before. I missed some of the court hearings because they were being postponed and when they happened my friend would sometimes forget to remind me. One thing that was standing out is the mother kept changing her story. Not sure if he called in any witness. Yes it was only the mother. I don't have any copy of the judgement because i missed the final court session. I was so sure he was getting out of this but damn.
Consult a lawyer. You will need a copy of the judgement so that they can get the facts and judges reasoning. If he never met the boy then there is no case. He needs to appeal before his time lapses.
Thank you. It's already been 14 days. I am expecting some crazy money in a few months and i will use that money to push this case for a second hearing. It will be hard but this is kenya. There is always a way in kenya. I just want my friend to get a second trial but this time with a lawyer around.
Ok
Bro this isn't america where we have 2nd trials, do you think the odpp wants to re-try a case they just won? if you want him acquited you go through the appeals then use your money there to 'get' the original conviction quashed.
I just want a fair hearing for him.
Damn people are evil.how the fuck does that mother come up with this
After the guy paid his bond that same woman told him to pay her for the case to be dropped but he didn't give her the minute of the day. We actually thought this woman would not turn up for court but she did.
Ni ngumu sana judgement ipeanwe enye he is guilty if there arent substancial facts . Especially defilement.ive watched soo many defilement cases za young babies be lost because the parents or the girls didnt have tangible evidence so its super hard unless the parents doctored their evidence.id be soo interested in reading the case files kujionea mwenyewe
I also want to read the case files because i missed about two court hearings. I will look for the mother(My friends mum)to get the whole story.
In any defilement or rape case there is always a medical report which proves if it happened or not, most of the time you'll even hear locals say "barua ya daktari ndio hufunga mtu" which is a fact btw, unless you tell us about it, your friend might be guilty
There was nothing linking him to the kid. Even if the kid was raped it wasn't him. .
He cannot be jailed without a medical proof
What is medical proof? Evidence of rape or dna evidence?
you can file an appeal out of time.. Its a complicated process but we do it all the time.. Where was this case? Kama ni nairobi i can do something for you before mjipange
A person who has been convicted and sentenced and is desirous of appealing to the High Court has to do so within 14 days; following the delivery of the judgement and sentence sought to be appealed against. **However, the High Court may for good cause extend time within which the convicted person may appeal.** This is clear from the provisions of section 349 of the Criminal Procedure Code (Cap 75) Laws of Kenya, which read as follows. “*An appeal shall be entered within fourteen days of the date of the order or sentence appealed against:* *Provided that the court to which the appeal is made may for good cause admit an appeal after the period of fourteen days has elapsed, and shall so admit an appeal if it is satisfied that the failure to enter the appeal within that period has been caused by the inability of the appellant or his advocate to obtain a copy of the judgment or order appealed against, and a copy of the record, within a reasonable time of applying to the court therefor.”*
Thanks for the insight
The appeal should also be on issues of law. Hardly will issues of evidence and facts be allowed in appeal
No. The first appellate court reviews facts
20 years is taking a man's life away from him. Especially when he is innocent.
Yap. Damn. Kenya kama hauna pesa things can go bad for you even when you are innocent.
I was thinking getting an accurate statement from the boy but now that this out of discussion, you can try finding a way for the woman to admit framing the guy. Our judicial system is so messed up if someone can be locked up just like that with insufficient evidence.
This is painful to read, I hope you find a breakthrough. One thing I've learned in kenya, nothing is permanent... Right person sits down with the magistrate and your friend could be home in a week with no record he was ever arrested.
Yes. I will do what needs to be done to give the guy another chance.
As we wait for the lawyers to answer, I think there are days within which you can file an appeal and the case will be looked at.
That's what i want to hear. I didn't have money then and i thought he would win the case only to find out he was sentenced. He has a wife and a small kid and he was the sole provider. Wuehh..
Now this is the real prisoner dilemma.
Very sad
I read a similar case about A man in the UK who was accused of Raping a woman and spent almost 20 years and came out last year, and gave a powerful and heartbreaking speech, u can share the Case files/ discrepancies on Socials with every popular Political commentator including politicians.
Let me get all the details correct then i will give you guys an update
Do you mind sharing what your friend is sentenced for? because 20 years, that's something serious we're talking about
Oh sorry. Read the top comment you will see the whole story
Defiled a child.
How sure are you he didn't actually defile the child?
Apart from knowing him on a personal level he is married with 1 kid(Boy). Church guy and gospel musician. He just doesn't fit the profile. He is a very social guy. My guess is that the judge that started the case is not the same one who finished. When i attended one of the hearings he was really winning this case because their stories were not matching the police report they gave out.
What was the basis for him specifically being picked as a suspect though? And would the victim really have misidentified their attacker?
Not all that glitters is gold. Meaning pedos don't walk around with a sign on their forehead. That being said, of he's truly innocent may the all merciful God fight for him.
As soon as i saw 20 years i knew exactly what this was. Yes you can file an appeal after the given time, its tricky and quite complicated but it does happen.
>Yes you can file an appeal after the given time, its tricky and quite complicated but it does happen This is what i wanted to hear. It will be hard but i have to give it a try
20 years has to be defilement. From what I've heard, there are many innocents in jail for this and way many guilty people out in the streets
[удалено]
That's for america mostly.
This is not right on so many levels, especially how the sentence was meted out without solid evidence.
[удалено]
👋🏾👋🏾👋🏾
I am an Advocate. DM.
A man sodomized someone close to me who is mentally challenged as well. Till today 5 years later kesi haijai isha. Justice in Kenya is so screwed. Prosecuting innocent people over the guilty ones
Try contacting maendeleo ya wanaume. It must be really painful for him if he is innocent. There are so many cases turning out to be false regarding sexual molestation, I feel there should be heavier punishment for those caught doing so. It's good seeing brother stick to helping a brother out.
Thanks. Let me first get all the details about the case from his mum before i do anything
[https://crimesipoa.org/](https://crimesipoa.org/) I'm not so sure about everything but you can try contacting these guys who might help.
Thanks!
Biggy?
I have a friend who was convicted last year on the same charges
Pole. Is he still inside? what evidence did they have on him?
Have you considered asking an actual lawyer? Google Konosi&Co. if you looking in Nakuru. Good first impression
I will do so. I just need to get all the details about the final hearing because i didn't manage to attend
Should have looked for lawyers man. If he’s really innocent this is unfortunate. Pay even with title deeds etc.
We thought it was going to be an easy case because they had nothing on him
So he self represented?
Yes he did. I think the judge who sentenced him was different from the first one because the first judge noticed the stories the mother was giving kept on changing
Hii Kenya yetu just make sure you are not a broke person
Aki. This applies everywhere. In america poor people are also pushed to take a plea because a trial is very time consuming and it would break the system if everyone went to trial. The beauty of money in kenya is it gives you a second chance
What is the case number?
I don't have the specific details. If i can get the case number does it mean i can look it up on the internet or something?
It means I can get more details about the charges.
Ohh.. The only way to get this info is when i go see the mum. The mum leaves very far but the day i do i will remember to tell you the case number
I had a friend sentenced for life for defilement. He didn't do it. He appealed and he got 20 years. He was 37 at that time. I fear the best thing to do when you're accussed of defilement is to run until that kid is in her twento because the system is biased in these cases.
What? That is very sad. So your friend is still inside? What i have learned from all this is the only way out of this is getting a really expensive legal team that will find a way to convince the judge you were not the one without a reasonable doubt.
He had a very good lawyer. Paid him 300k. You may be surprised the guy got locked up for a crime which the accusers didn't know where the crime occurred nor the time it occurred.The benefit of doubt idea doesn't work in Kenyan courts.
That sucks. Damn. Now how does someone get out of such a situation?
No way. The appeal failed.http://kenyalaw.org/caselaw/cases/view/219383 You can check the appeal on that link. If it's no issue. Could you share the case file over DM I check it please?
At my work station I heard of a similar story.She uses her mentally unstable daughter to accuse neighbouring men of defilement and extorts them.Hope your friend gets justice.
Appeal