wazua Thu, May 14, 2026
Welcome Guest Search | Active Topics | Log In

3 Pages123>
is our justice system beyond redemption?
FRM2011
#1 Posted : Saturday, July 27, 2013 9:16:57 AM
Rank: Elder

Joined: 11/5/2010
Posts: 2,459
Am reading the story on pg.9 of the nation today and its too depressing to be true.

3 young utalii college students are crossing the road at a zebra crossing and motorists have given way. But Mr. Dilesh Bid, a tycoon in the unsurance business, overlaps and hits the three students killing one on the spot. He attempts to escape but is soon arrested. Then the drama starts. Police refuse to charge him until the family makes numerous complaints at pangani. He is eventually charged four months later. The case drags on with mr.bid out on a 50k bail until last monday when he changed the plea to guilty and within 20 minutes the magistrate ordered him to pay 100k fine and kes.2,500 compensation to the two students who survived the accident. Case closed. Prosecutor blocks the two students who survived from testifying.

Did i hear someone say a reformed judiciary?
Um Sayala
#2 Posted : Saturday, July 27, 2013 9:26:29 AM
Rank: Veteran

Joined: 12/17/2010
Posts: 1,163
Location: Sudan
Kenya ni kama KANU, iko na wenyewe. so so sad
"Peace is our profession, War is our business" ...Unknown
marko
#3 Posted : Saturday, July 27, 2013 9:27:41 AM
Rank: Member

Joined: 1/7/2007
Posts: 838
What this country needs is a PORK who is willing to self sacrifice for the greater good of the country........let me answer my own commentShame on you Shame on you Shame on you Shame on you Shame on you . IN MY WILDEST DREAMS.
WHO DARES WINS
thuks
#4 Posted : Saturday, July 27, 2013 9:50:05 AM
Rank: Veteran

Joined: 10/8/2008
Posts: 1,575
appeal! how can complainant not testify?
I care!
keraka
#5 Posted : Saturday, July 27, 2013 10:54:05 AM
Rank: Member

Joined: 2/24/2010
Posts: 637
Location: Nairobi
So so sad.
The only thing necessary for the triumph of evil is for good men to do nothing.
FRM2011
#6 Posted : Saturday, July 27, 2013 10:55:26 AM
Rank: Elder

Joined: 11/5/2010
Posts: 2,459
Does the family have an avenue for lodging an appeal considering this was a criminal case i.e. State v/s Dilesh bid? Can the same prosecutor who deliberately bungled up the case lodge an appeal?

I know its not a christian thing to do, but i hope the people who subverted justice in this matter live to experience the pain of loosing a close family member in the hands of a reckless driver. That would be karma at its best.
CLK
#7 Posted : Saturday, July 27, 2013 11:19:14 AM
Rank: Member

Joined: 4/1/2009
Posts: 846
FRM2011 wrote:
Does the family have an avenue for lodging an appeal considering this was a criminal case i.e. State v/s Dilesh bid? Can the same prosecutor who deliberately bungled up the case lodge an appeal?

I know its not a christian thing to do, but i hope the people who subverted justice in this matter live to experience the pain of loosing a close family member in the hands of a reckless driver. That would be karma at its best.


Answer is YES and NO

This is going to be long...

They charge you for careless/dangerous driving when you knock down someone and the person is taken to hospital by you or someone else.
If the person dies in hospital or on the way to hospital, he above changes to causing death through dangerous driving. This is the state case, also known as criminal i think, its the work of the police to prove the driver guilty or not guilty and this largely depends on witnesses, and more often than not, there are never witnesses especially in Nairobi where everyone minds there own business. In cases where there are witnesses, this can drag on for years in court without anyone being charged and at times pple give up in the process, plus the family gains nothing really here in terms of compensation. But someone can be jailed eventually if found/proved guilty. However the outcome of this court case can determine the outcome of what am about to say below.

Family of the deceased gets an abstract, goes to court, get themselves a lawyer, they are suing the driver/car, the insurance covering the car comes into play. This is the civil part of the case and at times if driver knows the family of the deceased, this can be settled out of court and insurance is not involved.
If the insurance way, this drags in court and again the witnesses have to be present otherwise the police cannot present someone in court without witnesses.

Your case sounds like the survivors/witnesses walionwa kanda by the tycoon, otherwise i do not think anyone can be barred from testifying unless they do not want to or the out of court settlement bars them from doing so.

so advice the family to get a serious lawyer and only if they are sure the witnesses have not been tampered with as stated above.

Pole sana..
digitek1
#8 Posted : Saturday, July 27, 2013 1:10:44 PM
Rank: Veteran

Joined: 2/3/2010
Posts: 1,797
Location: Kenya
jailing wont bring back the dead...turn the other cheek and accept ans move on Sad
I may be wrong..but then I could be right
maka
#9 Posted : Saturday, July 27, 2013 3:00:58 PM
Rank: Elder

Joined: 4/22/2010
Posts: 11,522
Location: Nairobi
FRM2011 wrote:
Am reading the story on pg.9 of the nation today and its too depressing to be true.

3 young utalii college students are crossing the road at a zebra crossing and motorists have given way. But Mr. Dilesh Bid, a tycoon in the unsurance business, overlaps and hits the three students killing one on the spot. He attempts to escape but is soon arrested. Then the drama starts. Police refuse to charge him until the family makes numerous complaints at pangani. He is eventually charged four months later. The case drags on with mr.bid out on a 50k bail until last monday when he changed the plea to guilty and within 20 minutes the magistrate ordered him to pay 100k fine and kes.2,500 compensation to the two students who survived the accident. Case closed. Prosecutor blocks the two students who survived from testifying.

Did i hear someone say a reformed judiciary?


He was facing a traffic charge. In fact I don't know where compensation came from. Let them file a civil suit for compensation...
Mr. Bid has been found guilty so using the doctrine of lateral precedent liability will be 100%...
The magistrate doesn't even have to give compensation. The Accused pleaded guilty. A sentence was handed over to him. Use the proceedings in the Traffic case to file a CIVIL suit for damages under the Fatal accidents and Law Reform Acts. Open and shut. You will get at least 1m plus per each student. Do you even know what the charge was in the traffic case? Clearly it wasn't causing death by dangerous driving so don't blame the magistrate. Use the proceedings and get recompense...
There is a case am privy of where some guy was almost killed along waiyaki way by a drunken chick who even killed her passenger.They climbed the pavement and broke both his legs in full glare of witnesses who are more than willing to testify.These cops are shit they,ve been bribed over n over again they want to bungle the case kabisa...
possunt quia posse videntur
tycho
#10 Posted : Saturday, July 27, 2013 3:11:57 PM
Rank: Elder

Joined: 7/1/2011
Posts: 8,804
Location: Nairobi
maka wrote:
FRM2011 wrote:
Am reading the story on pg.9 of the nation today and its too depressing to be true.

3 young utalii college students are crossing the road at a zebra crossing and motorists have given way. But Mr. Dilesh Bid, a tycoon in the unsurance business, overlaps and hits the three students killing one on the spot. He attempts to escape but is soon arrested. Then the drama starts. Police refuse to charge him until the family makes numerous complaints at pangani. He is eventually charged four months later. The case drags on with mr.bid out on a 50k bail until last monday when he changed the plea to guilty and within 20 minutes the magistrate ordered him to pay 100k fine and kes.2,500 compensation to the two students who survived the accident. Case closed. Prosecutor blocks the two students who survived from testifying.

Did i hear someone say a reformed judiciary?


He was facing a traffic charge. In fact I don't know where compensation came from. Let them file a civil suit for compensation...
Mr. Bid has been found guilty so using the doctrine of lateral precedent liability will be 100%...
The magistrate doesn't even have to give compensation. The Accused pleaded guilty. A sentence was handed over to him. Use the proceedings in the Traffic case to file a CIVIL suit for damages under the Fatal accidents and Law Reform Acts. Open and shut. You will get at least 1m plus per each student. Do you even know what the charge was in the traffic case? Clearly it wasn't causing death by dangerous driving so don't blame the magistrate. Use the proceedings and get recompense...
There is a case am privy of where some guy was almost killed along waiyaki way by a drunken chick who even killed her passenger.They climbed the pavement and broke both his legs in full glare of witnesses who are more than willing to testify.These cops are shit they,ve been bribed over n over again they want to bungle the case kabisa...


To have justice we must all be 'lawyers'.
3 Pages123>
Forum Jump  
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.

Copyright © 2026 Wazua.co.ke. All Rights Reserved.