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truck driver beats up cop
m water
#51 Posted : Monday, January 17, 2011 11:04:31 AM
Rank: Member

Joined: 4/2/2009
Posts: 87
where are the human rights lawyers ?????
Mo
#52 Posted : Monday, January 17, 2011 12:17:29 PM
Rank: Member

Joined: 9/21/2007
Posts: 326
while i donot condone violence, i certainly do feel the frustration of this driver. He is a man that stood to be counted aganist IMPUNITY. A cop has no right to enter your vehicle, and he should be professionally trained to handle a pyscho and not behave idiotically as he did. This cop was a perfect idiot he had several oppourtuinities to redeem himself but chose to fight. there were better ways of handling the suspect.
Speak your truth quietly and clearly; and listen to others, even the dull and the ignorant; they too have their story.
Rahatupu
#53 Posted : Monday, January 17, 2011 12:34:47 PM
Rank: Veteran

Joined: 12/4/2009
Posts: 1,982
Location: matano manne
Lets not be hypocritical here, there was a thread on "Cops' side of the story". We cannot expect our officers to be effective if we do not back them effectively in the course of their duties. It is illegal and unacceptable to assault a police officer in the course of his duty, there are no two ways about it. Huyo driver hana bahati. The Penal Code is categorical on this:

Chapter 24 Section 253 reads: "Any person who -
(a) assaults any person with intent to commit a felony or to resist or prevent the lawful apprehension or detainer of himself or of any other person for any offence; or..........is guilty of a misdemeanour and is liable to imprisonment for five years"..
Thamotha
#54 Posted : Monday, January 17, 2011 12:50:08 PM
Rank: New-farer

Joined: 4/27/2010
Posts: 7
@Rahatupu
from the clip it is self defense.The fact that he is a police officer doesnt give him the mandate to "beat with ease". He should also be held accountable for his actions...after all, what we saw is the reality on the ground as far as police-civilian perception of each other is.
Rahatupu
#55 Posted : Monday, January 17, 2011 12:53:25 PM
Rank: Veteran

Joined: 12/4/2009
Posts: 1,982
Location: matano manne
Njung'e wrote:
Cops have no right of riding in your car and neither are they supposed to handle your car keys.



You can't be more wrong. If the cop has enough reason to arrest you and the car he can handle the keys, even drive your car! It all depends on the circumstances. You cannot sustain a case against a police officer if you resist arrest. If the only way for the cop to effect arrest is by compelling you to drive (with him) to the police station you must do it period. The penal code empowers law enforcers (police included) by giving them powers and privileges to enable them wade the murky world of enforcement.
callaspade
#56 Posted : Monday, January 17, 2011 1:06:00 PM
Rank: Veteran

Joined: 11/12/2009
Posts: 925
....now all traffic officers to be armed Pray
....."Wewe dereva, mbona unaendesha gari mbio" then this follows ....twaaf twwaaf twaaff"
leona
#57 Posted : Monday, January 17, 2011 1:19:56 PM
Rank: Elder

Joined: 8/1/2008
Posts: 1,432
Location: Marsabit
m water wrote:
where are the human rights lawyers ?????


@Mpenzi and TRS
Where art thou?
Nevermind what haters say, ignore them til they fade away - Just live your life
Wa_ithaka
#58 Posted : Monday, January 17, 2011 1:34:47 PM
Rank: Veteran

Joined: 1/7/2010
Posts: 1,279
Location: nbi
Rahatupu-please don't utter lies. I've spoken to a lawyer who confirms that cops enter private vehicles without warrant or permission from drivers at own risk.
Its the same way a cop can't enter a house without a warrant or permission from owner.
The Governor of Nyeri - 2017
Njung'e
#59 Posted : Monday, January 17, 2011 1:45:01 PM
Rank: Elder

Joined: 2/7/2007
Posts: 11,935
Location: Nairobi
@Rahatupu,
FYI.... and this one is an advisory from the state law office.....I could be wrong but let's here from the lawyers too.

http://es-la.facebook.co...roup.php?gid=88917832799
Nothing great was ever achieved without enthusiasm.
Rahatupu
#60 Posted : Monday, January 17, 2011 3:25:33 PM
Rank: Veteran

Joined: 12/4/2009
Posts: 1,982
Location: matano manne
[quote=Njung'e]@Rahatupu,
FYI.... and this one is an advisory from the state law office.....I could be wrong but let's here from the lawyers too.

http://es-la.facebook.co...oup.php?gid=88917832799[/quote]

The piece from the lawyers is very true lakini it is skewed in favour of me and you. It is specific to traffic offenses and cannot be applicable in general. It ignores the other side of the coin which empowers law enforcers to where conditions/circumstances allow to arrest/search without warrant. The circumstances for arrest of motorist (not necessarily traffic offenses) may necessitate the cop to actually impound and drive your car to the police station while effecting an arrest.

FYI....the law is always on the side of the enforcing officer e.g: the Penal Code, Powers and Privileges Act empower police officers while setting in place checks for excesses and misuse of these powers. BTW Police do not stop motorists for traffic offenses only there are a host of other reasons why a police officer may stop a vehicle. While at it, the battered image of our police force needs mending.

@Njung'e how do you expect police to intercept criminals on the roads? How do you expect them to nab drug traffickers, human traffickers etc, do you expect that the environment in which they operate will always be kind and cooperative? An assault on the officer in uniform is an assault on the state period!
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