Dear Sir / Madam,
I take this solemn opportunity to remind the Ombudsman-Kisumu or otherwise of their constitutional-mandates which apparently they seem to have forgotten and/or are forfeiting in biased political-legal abuse of power-and-office in taking unconstitutional-orders from elsewhere in cahoots with hell-bent Uhuru's-and Raila's Jinn-Theocracy govt. of Kenya to sabotage my broad lawsuit so as to shield their criminal co-conspirators, accomplices and bosom buddies from prosecution
{ NB:- It's paramount to note that my Complaints of Serial No. 349 is lawfully grounded on consistent, systemic-and-systematic behind-the-scenes impunity-corruption revolving around inaction-maladministration by the culpable public-service bodies including IPOA, ODPP and the ACC c/o the OAG against Migori-Police-Station OCS' plus both Owade-and-Mudeyi Advocates' continuous-violations-of-the-law series-of-crimes conspiracy-to-defeat and obstruct justice in Kihara-Construction accident evidence-destruction / spoilation so as to exonerate the latter and shield co-conspirators in my broader lawsuit from prosecution.
-Further more I'd urged the Chief Justice, from right before Maraga retired ( https://erick-mango.blogspot.com/2019/10/urgings-to-cj-maraga-to-extend-review.html )-with regards to my broad lawsuit ; ... to extend the Statute-of-Limitations Act' Cap. 22 as as read together with the Discovery-Rule as regards events of 'continuous-violations-of-the-law' such as in my case, where the Statute-of-Limitations provides for the last possible date a violation might have occurred meaning the first-crime wouldn't expire and the series-of-crimes therefore is charged as one crime with the Statute-of-Limitations beginning after the last crime has been committed. -And for good measure jus' to jog memories of would-be complacent-incompetent public-officials in the CAJ / OJO who referred me back to square-A of the ACC c/o the OAG, the 'Discovery-Rule' exempts Statute-of-Limitations upon discovery of wrong doing while the latter's Act Cap 39 makes provisions concerning restitutions-and-acquisitions of easements by prescriptions for matters incident there-to as well as matters connected there-with.
-Additionally, heinous-acts including violations-o-international-laws are exempt from the Statute-of-Limitations such as in my case infringing the UN Convention Against Torture which's categorically stated that torture and other forms of cruel, inhuman and degrading treatment or punishment are unequivocally prohibited without exception by the :-
(1.):-The UN Committee Against Torture ;
(2.):-The UN Rapporteur on Torture ;
(3.):-The UN Working Group on Arbitrary Detention ;
(a.):- and that any such practices contravene the prohibition against torture and ill-treatment... as is complemented by Article 28 CoK-2010 which affirms the right to human dignity and to have that dignity respected-and-protected as regards subjecting any persons to torture, ill-and-degrading treatment which thus strips them of their dignities;
(b.):- and emphatically-so as read together with Article29 CoK-2010 on freedom-and-security of persons which asserts that every person has the right to freedom-and-security including the right not to be subjected to torture in any manner physical-or-psychological as well as not to be treated or punished in a cruel, inhuman or degrading manner ;
(c.):- as read together with Article 27 CoK-2010 on equality-and-freedom from discrimination and which provides that the State shan't discriminate directly-or-indirectly 'behind-the-scenes'-as-the-case-may-be, against any person on any grounds including sex, marital-status, health-status, belief, thought, inter alia ;
(d.):- and as read together as well with Section 6 of the Public Authorities Limitations Act Cap. 39 which provides for the application of the Limitations-of-Actions Act Cap. 22 in matters governed by the Act including Section 27 of the Limitation-of-Actions Act Cap. 22 that provides for the extension-of-limitation-periods in cases of ignorance-of-material-facts in actions grounded on torts of negligence, nuisance and breach-of-duty for which the damages claimed by the plaintiff are in respect of personal-injuries as a result of the torts as has been held in many decisions of our superior courts including:-
(1.):- "Willis Onditi Odhiambo v. Gateway Insurance Co. Ltd" ;
(2.):- "Mary Osundwa v. Nzoia Sugar Co. Ltd" ;
(3.):- "Oadi Othiambo v. Gateway Insurance Co. Ltd"
(e.):- It's noteworthy noting that the Limitation-of-Actions Act Cap. 22 also postpones limitation-periods in cases of fraud-or-mistake providing that the limitation-period won't begin to count or run until the plaintiff has discovered the fraud-or-mistake, as the case may be, or could with reasonable-diligence have discovered it... for which due to time and limited resources the CAJ / OJO can corroborate the chronological-order series of when both Owade-and-Mudeyi Advocates and Migori-Police-Station OCS tore the contract and the other the original Kihara-Construction accident P3-Form ; plus refusing to part with the X-Ray of the accident-injury and the Akidiva Medical-Examination-Form ; not to mention the subsequent passing-the-baton delays, unresponsiveness, refusals and behind-the-scenes criminal-conspiracy corruptions by the adversely-mentioned public-offices and officials } etc...
as was once reiterated by the Migori ODPP as decried in my email-signatures / footnotes reflected in this caption: [ Uhuru's GoK's endless dehumanization, cyclic-ritual starvation torture persecutions proxy of his Brookside-Dairy-Jacket pawn-witches the gay-husband & quickie-prostitute ( substantiated technical descriptive terms ) has to do with the incriminating-evidence of my broad lawsuit including the 15+ OBs being obstructed for want of processing costs due to the delayed-injustice of my now 10yrs 1-month Kihara-Construction accident evidence-destruction / spoilation litigation damages amounting to KShs 10m+ ; This was once clarified by ODPP Migori asking how I expected the same GoK I intended to sue to process my damages and facilitate the litigation in turn; quoting thus defense of the accused as did ICC-Indicted mass-murderer Uhuru in refusing to part with the incriminating phone-transcripts and telephone-records evidences. #TheReturnOfICC. Thus my 10m+ damages risks embezzlement while my life's threatened with death as Sanctioned by the GoK c/o mouth-piece ex-Chief Amara and co. at the grassroots. I pray for political asylum / refuge. SOS. { https://wp.me/pb6oyO-5bQ }; I consequently had urged the Commission on Administrative Justice aka Office of the Judiciary Ombudsman to investigate these my administrative complaints touching on the mentioned public institutions ( including the ODPP, IPOA and the ACC c/o the OAG ) and officers and initiate legal proceedings or prosecution on the grounds of these complaints, and resolve them through binding recommendations; as well as identify the systemic issues leading to the deplorable, wanting, political-legal abuse of service including such observed breaches of fundamental constitutional rights. I therefore hope the CAJ / OJO will effectuate its mandate to address all forms of maladministration, promote good governance and efficient service delivery in the public sector by enforcing the rights to fair administrative actions, investigate abuse of power, manifest injustice including unlawful, oppressive, unfair and unresponsive official conducts. I thus hope the OJO CAJ as the national human rights public complaints institution / commission will rise to the occasion and do law, not politics; that they won't disappoint me in echoing or affirming its ingrained stereotype that, "It's a relic of absolutism designed to iron-out the worst excesses of administrative-arbitrariness while keeping the power structures intact," like the Kenya Office of the AG is notoriously known since the former AG Amos Wako, his wife and son were sanctioned by the US for customarily shielding the executive and his economy-cartel cronies from prosecution.
I thus invoked the Commission on Administrative Justice aka Office of the Judiciary Ombudsman website's slogan / epilogue, as the foremost constitutional Public Complaints Commission that claims they observe the rights of even the disadvantaged, lay citizenry ( Hata mnyonge ana haki ) since the citizen is sovereign ; and thus agitate them to carry-out their mandate's primary-function as established by the CAJ Act, 2011 pursuant to Article 59(4) of the CoK-2010 ; and hence ascertain that the adversely mentioned public institutions and officers are held responsible to account for their actions and/or omissions in delivering due service of the course of law, court processes and justice to my stalled 10yrs 1-month Kihara-Construction accident evidence-destruction / spoilation 10m+ damages case, and the public in general.
It's important to note that I haven't heard any feedback from the mentioned public institutions and officers despite severally requesting for the same... as to whether any case has been lodged in the law courts, whatever the stage the process is in if at all a case has been lodged, and/or if the case has been concluded; or if any convictions have been reached whatsoever; and/or whether my 10yrs 1-month Kihara-Construction accident evidence-destruction / spoilation 10m+ damages has been awarded, unlawfully held in custody or embezzled altogether!
Hence, below is attached the chronology of events as they happened and/or as they developed ; and as was relayed-to in correspondence to civil-society-groups including the legal-fraternity within and abroad;
Thank you in advance,
Yours Faithfully,
Erick Mango.
-I categorically would like to state that the CAJ / OJO takes its mandate from Article 59(4) and Cap 15 CoK-2010 plus the CAJ Act, 2011 and Regulations to:-
(a.):- Investigate any conduct in state-affairs and/or acts-and-omissions in public-administration in any sphere of government ;
(b.):- Investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unresponsive official-conduct as established under Article 59(4) and Cap 15 CoK-2010...
Constitutional Mandate Roles of the CAJ / OJO:-
(1.):-The primary-role of the CAJ / OJO is to address maladministration by actions-and-omissions of government and/or its liable officers that cause injustice; and includes service-failure by incompetence, delay, inaction, inefficiency, ineptitude, discourtesy, design or outright political-legal abuse.
(2.):-The other role's to investigate administrative-injustices including acts-or-omissions or decisions carried-out by the public-service' or a failure to act when necessary issuing emotional-distress, tortures and sufferings.
-The CoK-2010 requirement for fair-administrative-action includes expeditious, efficient, procedurally-fair-action; and entitlement to written reasons for such actions-or-omissions... none which's been forthcoming from the indicted public-service institutions including IPOA, ODPP and the ACC c/o the OAG.
-I categorically hence invoke Article 59(4) and Cap 15 CoK-2010 plus the CAJ Act 2011 and Regulations to compel the CAJ / OJO to step-in and carry-out its mandate to ensure compliance by the adversely mentioned criminally-liable public-officers who should also recuse themselves and be suspended as well to facilitate their investigations, prosecutions and commitment to both pay fines / monetary damages / reliefs and serve jail terms.
(3.): -Another role the CAJ / OJO is forfeiting and/or compromising is to ensure compliance of integrity required in law by public-officers and I thus oblige them to investigate improper-conducts, abuses of powers and misbehaviors in the public-office by public-officials.
(4.):-Yet again they're supposed to develop capacity-building in the public-service and thus I implore them to retrain the culpable living-fossil-relics of the one-party state absolutism 'Nyayo-Torture-Chambers' autocracy; including the executive's economy-cartels cronies that threatened ex-CJ Mutunga into premature retirement / early resignation and almost assassinated the Deputy CJ Philomena Mwilu and which effectively saw to the infamous sanctioning of ex-AG Amos Wako, his wife and son by the US cause of the rampant, runaway, endemic, rot-corruption.
(5.):-The CAJ / OJO is also failing in promoting constitutionalism to protect the sovereignty of the Kenyan people by ensuring all state-organs observe the principles of democracy and constitutional-values by respecting-and-adhering unequivocally to the supremacy of the CoK-2010.
(6.):-The CAJ / OJO is also biasedly in abuse-of-powers and office omitting to undertake its mandate conferred by the Access-To-Information Act Article 35 CoK-2010 to oversight-and-enforce functions for which a litigant may complain to the CAJ / OJO over denial, refusal, delay or unresponsiveness in the right of access to information... as I did regarding IPOA, ODPP, and the ACC c/o the OAG.
Prayers Restitutions, Reliefs Sought:
(1.):- I hence invoke the Access-To-Information Act Article 35 CoK-2010 to oblige the commission to carry-out its mandated constitutional duties and compel the adversely mentioned public-offices and respective officials to submit me written reasons for their omissions-or-acts including denials, refusals, delays and/ or unresponsiveness... on grounds of opposition that the respondents never bothered once in political-legal corruption impunity to give any reasons sufficient or otherwise for their torts cause I risk irreparable losses owing to the culpable respondents' negligent acts-or-omissions and breaches-of-duties ;
(2.):- I call upon the CAJ / OJO to right wrongs and implement-deliver administrative-justice on my Complaints Serial No. 349 with regards to the adversely mentioned public-service institutions including IPOA, ODPP and the Advocates-Complaints-Commission c/o the OAG; and/or concurrently with the latter to the extent of consistent-roles, mandates and interests; as well as undertake to order the respective culpable public-officials to pay fines and commit to jail terms ;
(3.):- I lay claim to the ensuing general-and-punitive damages anchored in the respective committed tort particulars whose actions have-and-continue to inflict personal-injuries including emotional-distress
