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Monica Kimani
Rank: Elder Joined: 12/7/2012 Posts: 11,935
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thuks wrote:Lolest! wrote:Jacque now distancing herself from Jowie Quote: “The only reasons I am standing trial are that I was in love with a person the prosecution have interest in. I allowed him to come live in my house and I allowed him to use my vehicle. There is no witness or forensic material to associate me with the murder,” Ms Maribe said. Read more at: https://www.standardmedi...for-my-fiance-s-actions It's ok Even if the sex was good, can you imagine it happening again, NEVER EVER. You accept and move on. Hope you saw #mafisi in court giving her moral support. In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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thuks wrote:Lolest! wrote:Jacque now distancing herself from Jowie Quote: “The only reasons I am standing trial are that I was in love with a person the prosecution have interest in. I allowed him to come live in my house and I allowed him to use my vehicle. There is no witness or forensic material to associate me with the murder,” Ms Maribe said. Read more at: https://www.standardmedi...for-my-fiance-s-actions It's ok I have said again and again here that a spouse should not be held responsible for crimes allegedly committed by the partner. So if the husband uses the family car to commit a crime and then comes back to the family home, let him carry his own cross, mama watoto is innocent, she was at home cooking, knitting and taking care of the baby, and should not be dragged into the husbands manenos.
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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There is also something in law called spousal privilege which gives maribe even more legal protection. Spousal privilege says communication between spouses is confidential and cannot be used as evidence in a court of law. It also says that a spouse cannot be called to testify against the partner. Therefore Maribe is being held illegally and should be released to go home...and also go back to work and read the 9pm news. The Law wrote:In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to his/her spouse. The spousal privileges have their roots in the legal fiction that a husband and wife were one person.
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Rank: Elder Joined: 12/7/2012 Posts: 11,935
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hardwood wrote:There is also something in law called spousal privilege which gives maribe even more legal protection. Spousal privilege says communication between spouses is confidential and cannot be used as evidence in a court of law. It also says that a spouse cannot be called to testify against the partner. Therefore Maribe is being held illegally and should be released to go home...and also go back to work and read the 9pm news. The Law wrote:In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to his/her spouse. The spousal privileges have their roots in the legal fiction that a husband and wife were one person. Unfortunately for Maribe, they are not spouse just yet - under the laws of Kenya. In the business world, everyone is paid in two coins - cash and experience. Take the experience first; the cash will come later - H Geneen
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Rank: User Joined: 8/15/2013 Posts: 13,237 Location: Vacuum
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Angelica _ann wrote:hardwood wrote:There is also something in law called spousal privilege which gives maribe even more legal protection. Spousal privilege says communication between spouses is confidential and cannot be used as evidence in a court of law. It also says that a spouse cannot be called to testify against the partner. Therefore Maribe is being held illegally and should be released to go home...and also go back to work and read the 9pm news. The Law wrote:In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to his/her spouse. The spousal privileges have their roots in the legal fiction that a husband and wife were one person. Unfortunately for Maribe, they are not spouse just yet - under the laws of Kenya. What if they had stayed together for 6 months? If Obiero did it, Who Am I?
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Angelica _ann wrote:hardwood wrote:There is also something in law called spousal privilege which gives maribe even more legal protection. Spousal privilege says communication between spouses is confidential and cannot be used as evidence in a court of law. It also says that a spouse cannot be called to testify against the partner. Therefore Maribe is being held illegally and should be released to go home...and also go back to work and read the 9pm news. The Law wrote:In the common law, spousal privilege (also called marital privilege or husband-wife privilege) is a term used in the law of evidence to describe two separate privileges that apply to spouses: the spousal communications privilege and the spousal testimonial privilege.
Both types of privilege are based on the policy of encouraging spousal harmony and preventing spouses from having to condemn, or be condemned by, their spouses: the spousal communications privilege or confidences privilege is a form of privileged communication that protects the contents of confidential communications between spouses during their marriage from testimonial disclosure, while spousal testimonial privilege (also called spousal incompetency and spousal immunity) protects the individual holding the privilege from being called to testify in proceedings relating to his/her spouse. The spousal privileges have their roots in the legal fiction that a husband and wife were one person. Unfortunately for Maribe, they are not spouse just yet - under the laws of Kenya. They were engaged and living together as man and wife, and as per the law legally married. Maybe they had even had a customary marriage, dowry payments. Note that the high court has in the past declared that come-we-stay arrangements are legally considered as a marriage. See this ruling that was made by the high court some time back: Quote:Couples do not need to go through customary rites for their marriage to be recognised by the law, the High Court has declared. Justice David Majanja ruled last week that all that was needed was proof that the man and woman had lived together for some time. The judgement arose from a case in which Jonathan Gwako had been fighting his in-laws for one year to bury his wife. “I find that there is no evidence of customary marriage. But the fact that there was no customary marriage between the deceased and the respondent does not preclude the court from finding that the parties cohabited for a period of time and conducted themselves in such a manner that a marriage could be presumed," Justice Majanja declared. Read more at: https://www.standardmedi...ly-marry-court-declares
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Rank: Elder Joined: 9/19/2015 Posts: 2,871 Location: hapo
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Hardwood. I want you today to go shoot someone in the streets. Then your wife comes and hides the gun. Then go to court and kizungu catwalk with spousal privilege. If two criminals marry one another, according to hardwood, only one of the criminals shall go to jail....hahahaha!!! Aiiii. From safi kama pamba to now a wife...hehehehehe...kweri jameni. Thieves are not good people. Tumeelewana?
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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Also if a husband tries to commit suicide in the matrimonial home and fails, and the wife and neighbours take the injured husband to the hospital, and then report the matter to the police, seriously what crime has the wife committed? Why is maribe being detained?????
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Rank: Elder Joined: 7/28/2015 Posts: 9,562 Location: Rodi Kopany, Homa Bay
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alma1 wrote:Hardwood. I want you today to go shoot someone in the streets. Then your wife comes and hides the gun. Then go to court and kizungu catwalk with spousal privilege.
If two criminals marry one another, according to hardwood, only one of the criminals shall go to jail....hahahaha!!!
Aiiii. From safi kama pamba to now a wife...hehehehehe...kweri jameni. What weapon did maribe hide? The knife has never been found and is said to have been taken by the murder suspect who is hiding in dar es salam. And to remind you maribe and jowie are husband and wife as per the law, upende usipende.
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Rank: Elder Joined: 3/18/2011 Posts: 12,069 Location: Kianjokoma
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This is the part I was looking for Quote:"Without a doubt, the 1st accused was my fiance as at then. In the circumstances, I definitely communicated with him. It is most unfair to use the communications between me and the 1st accused in the given circumstances of our then existing relationship as a reason to withhold bail," Maribe says. https://www.the-star.co....ice-cell-maribe_c1836639
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