REPUBLIC OF KENYA
OFFICE OF THE ATTORNEY-GENERAL
&
DEPARTMENT OF JUSTICE
YOUR REF: TBA Date: 5/9/2022
OUR REF: CC/PE/AUG/22/36 (6833) ERICK MANGO OTIENO
On issue no.1. of my complaint lodged via Help Form dated 18/8/2022, complaining against two different advocates as mentioned herein above requesting that I lodge two separate complaints in that regard: I wish to submit that being an indigent as numerously presented in our previous correspondences my efforts to raise the requisite cash for printing at ( 10/- x 7 pages )x2=140/- ; scanning at ( 30/- x 7 )x2=420/- and processing to email to you at a total of between ( 660/- and 1000/- ) have been hampered cause of the vast vested interests regarding the pending due process facing the two culprit advocates and their co-conspirators including the adversely mentioned immediate ex-President Uhuru and former Premier Raila... the reason it's taken me all this while up to close to the 21-days deadline to draft this reply and tell you of the status-quo while praying as submitted below citing :-
{ -(a.):-Article 159(2)(d) of the Constitution that establishes that administration of justice provides that:- “In exercising judicial authority, the courts and tribunals shall be guided by the following principles…justice shall be administered without undue regard to procedural technicalities.” and as such Courts are guided and cautioned not to pay undue regard to procedural technicalities, since justice delayed is justice denied besides the fact that justice must not only be done but must be seen to be done in the public eye and therefore my aggravated cases in my broad lawsuit adding to backlog statistics with IPOA, ODPP and the CAJ / OJO due to political-legal abuses by the executive out of vested interests ( like has been noted with the several quashed Uhuru's illegal, unlawful Executive-Orders ) since Uhuru-and-Raila are adversely mentioned as chief-defendants needs to be determined as quickly as possible to deter execution of their death-threats and criminal-conspiracies. In addition, matters before Court require to be disposed of without delay so as to avoid congestion of the Court with several matters resulting in an enormous case backlog when matters can be disposed off; besides the Mutunga Rules in
-(b.):-The practice and procedure generally in regard to institution and prosecution of Constitutional matters is clearly guided by the Constitution of Kenya (Protection of Rights and Fundamental Freedoms) Practice and Procedure Rules 2013, otherwise referred to as (Mutunga Rules); and as such as much as Constitutional Petitions are required to be instituted by way of Petitions, Rule 10 (3) of the Mutunga Rules, provides that subject to Rule 9 and 10, the Court may accept an oral application, a letter or any other informal document which discloses denial, violation, infringement or threat to right or fundamental freedom; and thus the Mutunga Rules are drawn in such a manner that allows accommodation of an application that is not brought to Court by way of a Petition and the Courts are under an obligation to accept even an oral application, a letter or any other informal documentation, which discloses a denial, violation, infringement or threat to a right or fundamental freedom ; as read together with Rule 4 (1) of the Mutunga Rules that states that where any right or fundamental freedom provided for in the Constitution is allegedly denied, violated, infringed or threatened, a person affected or likely to be affected may make an application to the High Court in accordance with these rules ; and the Criminal Procedure Code in as in
(c.):-Civil remedies can't bar the filing of criminal charges cause one set of facts can be the foundation of a criminal charge & the basis for a civil action as is expressly contemplated by Statute in Section 193A of the Criminal Procedure Code titled "Concurrent Criminal and Civil Proceedings" which states that: 'Notwithstanding the provisions of any other written law, the fact that any matter in issue in any criminal proceedings is also directly or substantially an issue in any pending civil proceedings and thus shall not be a ground for any stay, prohibition or delay of the criminal proceedings
Subject to the Discovery-Rule as read together with the 'Limitation of Actions Act' Cap. 22 as regards events of 'continuous-violations-of-the-law' such as in my case, 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 are charged as one crime with the Statute-of-Limitations beginning after the last crime has been committed }...
that exempt bureaucratic technicalities such as in my case to allow me present the submissions substantiating my complaints pending printing-and-scanning of the HELP-Form at a later date which for purposes of authenticity I can assure you it's the same me as in the attached Identity Card 20656845 and that it ain't no bot; a facet your offices can verify by calling me at: +254723047869 or +254764087863.
