Dear Sir / Madam,
Briefly, after I'd managed to complete up to between 90-95% of the ACC c/o OAG submission-presentations exhausting the issues raised by the ACC-Secretary who'd cut the Nairobi-HQ travel-lodging meeting logistics expenses to a phone-call finally called past their programmed-schedule of 'in the course of the week' between 7-11th November, 2022 this morning on Monday, November 14, 2022 repeating the same issues I'd already exhausted in my written-submissions and/or as lodged in their portal; though my phone battery died midway.
The bone-of-contention is that the ACC-Secretary had asked on (Thursday, November 3, 2022) to "allow me to call you in the course of the coming week to better explain what the mandate of the Commission entails;" only for her to change tune on calling and instead revert to more-or-less what seemed like a 'Direct Examination' for a Deposition!
I'd been psyched or prepared for a 'Tell-and-Explain' listening-session and thought I was going to be oriented on a dissection of what 'hot airs,' 'wild-goose-chases' or 'piki piki ponkies' vis-a-vis 'matters-and-facts of law' my written-submissions entailed with regards to the Advocates-Complaints-Commission mandates; yet to my surprise I got instead what appeared to be a Q&A Direct-Examination seemingly to corroborate-or-authenticate the written and portal-lodged submissions. It was a deliberate, intentional disorientation to throw an unsuspecting political-legally abused indigent off-wind for which I'd to find my own bearings in two days of reflective inquiry and conclude the above that 'twas an Oral-Deposition to corroborate and authenticate the written.
I stand to be corrected if I'm mistaken and hence, feeling short-changed hereby hold the Commission and Secretary personally-and-collectively liable, responsible and accountable for any misconceptions, damages or torts accruing from the same including generally:
(1.):-Contempt-of-Court or Judicial-Process aka Contempt-in-Procedure, Civil-Contempt which are quasi-criminal in nature and consist-and- refer to conduct of parties abusing the judicial process to the irritation-and-annoyance of their opponents for purposes of interfering with the efficient-and-effective administration of justice by impeding-and-perverting the course of the same through failing to comply with court-orders, directions of tribunals or breaching of judicial-processes undertakings { Osborne's Concise Law Dictionary, P. 102 and Kenyalaw.org }; contrary to the Contempt of Court Act No 46 of 2016.
My conscious rests in the 'benefit of doubt' I rendered the ACC-and-Secretary in concluding 'twas rather a 'Direct-Examination' Deposition following my reflective-inquiry on their suspicious, unbecoming conducts in the opaque manner they run their operations. Otherwise, I smell a rat in ICC-Indicted mass-murders and thieves who've taken-over the govt. with a paltry 7.1m votes outta the registered 22m voters in the name of William Ruto behind-the-scenes who's selectively had corrupt economic-crimes cartel cases of his cronies dropped and is known to be a shrewd poacher of political-parties opponents by bribes and thus the ACC must be bending to his whims in fear of political-repercussions including loosing their jobs should they deliver unfavorable judgments or attempt to bring his defendant company AMACO-INSURANCE to book and prosecute them for my KShs 10m+ damages delayed for the past 10yrs 15 months.
Pending review and/or alternative remedies, I call upon the Commission to demonstrate independence, competency and professionalism and to hence give me a proper break-down on the specifics to expect regarding the Calendar-of-Events going forward to annul ambiguities / double-speaks and/or speculations. Next when the ACC-Secretary should call me to finish the first deposition that was cut-off, I urge them to make a specific date / day and/or time for convenience instead of leaving it open-guessing to any day in the course-of-a-week which ties me down in one place for the whole time or lest they should call and find me in town with all the traffic noise. I'll print several copies of my submission-specifics for reference purposes for the next such a call I'll be waiting.
Otherwise, the ACC-Secretary reiterated the same already-exhausted issues including:-
(1.):-documentary evidence for legal-fees ;
(2.):-affidavits regarding lawyers' instructions ;
(3.):-scanned soft-copies of presented documentary evidences being too small ;
And on prosecuting the accident case to its logical conclusion, the ACC-Secretary maliciously claimed that
(4.):-'twas way past the Statute-of-Limits, despite the fact that that was an issue that was the first to be thoroughly-exhausted before the Ombudsman satisfyingly had to forward the file back to the ACC c/o OAG as substantiated in these links:
-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...
I'd to ask the person on the other end of the phone whether they supposedly were the very Senior State Counsel I'd been holding written correspondences-with cause all these issues had already been exhausted, which they would've realized if they'd been reading my submissions all along... before shortly afterwards the battery died and I got cut-off. If they hadn't been reading the same then it wouldn't be a surprise or exception but rather the norm accompanying the culture of inherent corruption-and-impunity renown in Kenya like was put by former Education CS Prof George Magoha on addressing the CBC Task-force like detailed in these links.
Another fact's that the remedy for breach-of-contract would be to have the breached-contract re-undertaken to its logical conclusion and have the goods and/or services delivered; in this case my 10m+ damages. Also, the documentary evidences she's maliciously insisting on I've thorough;y exhausted by the law of precedence aka case-law which includes oral-evidences as admissible before competent law courts as submitted.
Last but not least the issues of the submitted scanned soft-copies being ineligible beats logic but I'll nonetheless, like I asked the ACC-Secretary raise the matter with the Senior Counsel c/o ODPP Peninah Wawira whom I'd previously sent the same through the Post Office to liaise with them ( the ACC c/o OAG ) and by legal-aid, courtesy or common-sense via their messengers have the same delivered to them. I'm sure a messengers fare to-and-fro wouldn't cost more than KShs 100! Thank you in advance.
Yours Faithfully,
Erick Mango.
From: leah.mutua <leah.mutua@ag.go.ke>
To: Ym2006 <erickmango2006@yahoo.com>
Sent: Thursday, November 3, 2022 at 10:40:07 AM GMT+3
Good morning,
To save you the extra expenses, allow me to call you in the course of the coming week to better explain what the mandate of the Commission entails.
Yours Faithfully,
Leah M. Mutua
Senior State Counsel, Advocates Complaints Commission
A: Cooperative House, 20th Floor, Haile Selassie Avenue
P: P.O Box 48048-00100, Nairobi.
E: leah.mutua@ag.go.ke Dear Sir / Madam,
Most obliged my learned Lady and Commission. Waiting with bated breath and crossed-fingers. Thank you in advance for your consideration.
Yours Faithfully,
Erick Mango.
From: leah.mutua <leah.mutua@ag.go.ke>To: Ym2006 <erickmango2006@yahoo.com>Sent: Monday, October 31, 2022 at 03:30:53 PM GMT+3Subject: Re: ACC COMPLAINT- CC/PE/AUG/22/36Good afternoon,Your complaint lodged with the Advocates Complaints Commission refers.We implore you to approach the Commission offices at Cooperative Building , 20th Floor, Nairobi, for a meeting concerning the same. Let us know when you are available for planning purposes.Yours Faithfully,
Leah M. Mutua
Senior State Counsel, Advocates Complaints Commission
A: Cooperative House, 20th Floor, Haile Selassie Avenue
P: P.O Box 48048-00100, Nairobi.
E: leah.mutua@ag.go.keDear Madam,Thank you very much for pre-empting suspense with your relieving feedback on the progress of my complaints above after a speculating wait. I would've promptly traveled-and-come tomorrow if the GoK's political-legal abuse by the adversely mentioned defendants in my broad lawsuit hadn't imposed on me indigence-pauperism below-the-poverty-line.Hence, I'm working around the clock soliciting friends and well-wishers for fund-raising the requisite cash around KShs 10,000 on a soft-loan basis to be repaid with a 50%-interest that'll enable me :-(1.)- travel to-and-fro at approx. KShs. 2,000 ;(2.)- lodge / accommodation at approx. KShs. 3,000 ( i.e. KShs. 1,000 per day assuming the brainstorm meeting may stretch for at least three days ) ;(3.)- buy presentable, decent, three-pairs of shirts-and- trousers second-hand clothing for changing for the at least three-days, plus a jacket or a coat all at approx. KShs. 3,0000 ;(4.)- buy a second-hand travelling-bag, cater for meals and miscellaneous expenses all at approx. KShs. 2,000 ;Soft-loans, funds or spare-cash can be channeled through:(1.)- MPESA { +254723047863 or +254764087863 };(2.)- Equity Bank, Migori Branch, Acc. No. 1160168298894 ; (3.)- PayPal ;Otherwise, given the uphill tall-order task under my GoK-imposed penniless-pauperism circumstances, I take this solemn opportunity to urge the Advocates Complaints Commission subject to the Legal Aid Act 2016 which establishes the National Legal Aid Service with the mandate to:
- Provide legal aid services to indigent, marginalized, and vulnerable persons;
- Establish a legal aid scheme to assist the indigent to access legal aid;
- undertake and promote research in legal aid, and access to justice with special reference to the need for legal aid services among indigent persons and marginalized groups;
- administer and manage the Legal Aid Fund; and
- perform such other functions as may be assigned to it under this Act or any other written law
- receive grants, gifts, donations or endowments and make legitimate disbursements;
- any other expenditure necessary for the purposes of this Act.
- mitigate the likely occasion of loss of any right or the person who may suffer damages;
- mitigate denial of legal aid which would result in substantial injustice to the applicant;
that if feasible or possible to form an ad-hoc committee and instead take a long weekend 1-2 hrs flight to Migori airstrip in Homabay then travel for an hour or so by road to Migori Town ( a thirty minute stroll from where I temporarily reside under siege ) where there have risen lotsa recent upscale hotels that can decently accommodate the Senior Counsels say from Friday-to-Sunday; for purposes of conveniently facilitating the meeting and brainstorming on the plans concerning the complaint above.Last but not least cause of the limits of the writing space I've only included the links to the prior correspondences which all parties including your offices and civil-society groups have. I will let you know immediately once or if I get the funds to travel, unless your offices intervene with legal aid funds for the same. Thank you in advance for your consideration.Yours Faithfully,Erick Mango.Links
No comments:
Post a Comment
Constructive criticism is welcome for the value.