Kesho Jamuhuri Wataanza Kujenga Kesi yao dhidi ya Godbless Lema ni Moja ya Kesi iliyompekela Gerezani zaidi ya miezi 4

[Mwanahabari Huru]

 

[Retired]

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For a person to be guilty under of incitement the person-

(a) must intend that the offence the subject of the incitement be committed; and

(b) must intend or believe that any fact or circumstance the existence of which is an element of the offence in question will exist at the time when the conduct constituting the offence is to take place.


“incitement(n): an act of urging on or spurring on or rousing to action or instigating…”

The obvious question would be; is how incitement is legally defined? Starting off with the common law definition of incitement, which is derived from R v Eade, Smart AJ said the following in regards to the offence:

“In Young v Cassells… Stout CJ, in an oft quoted passage said: “The word ‘incite’ means to rouse; to stimulate; to urge or spur on; to stir up; to animate.” the circumstances.”In R v Massie… Brooking J A, with whom Winneke P and Batt JA agreed said of “incite”, common forms of behaviour covered by the word are ‘command’, ‘request’, ‘propose’, ‘advise’, ‘encourage’ or ‘authorise’”. Whether in a particular case what was said amounts to incitement depends upon the context in which the words were used, and

Essentially, the common law definition of incitement aligns quite neatly with the general dictionary definition, however, we should probably add that incitement can also include a person who incites “… another to do an act by threatening or by pressure, as well as by persuasion…” as stated by Lord Denning in Race Relations Board v Applin.

However, it should be emphasised that under the common law – incitement is not in itself a crime, unless what was incited was a criminal offence.

It must be observed that criticism on political matters is not of itself seditious. The test is the manner in which it is made. Candid and honest discussion is permitted.

Sidhani kama DPP atathibitisha hayo..... time ni mwalimu mzuri

 

[LENDEYSON]

Kesi ya Kipum.bavu kutoka kwa WAP.UMBAVU walioshindwa kufanya Mambo ya Maana kuisaidia nchi!

 

[Nichumu Nibebike]

Hapo sioni kesi ya uchochezi.. Lema hajachochea watu kugoma au kuandamana.. He has said those word in a capacity of a 'situation analyst' responding to 'What if questions'... He was more or less of a political analyst rather than a mchochezi in that way.... Ukiyasoma hayo maneno yake utauona ukweli.. Labda hakimu avae miwani ya mbao. Case dismissed kila mmoja aende kujenga taifa kwa nafasi yake!
NB: Sema tu Lema alitumia lugha yenye maneno makali dhidi ya Mh Raisi hivyo ingekuwa vyema angefuta kauli zake na kumuomba radhi mh Raisi kwa kumdhania na kumuongelea vibaya hadharani.

 

[Kapilipoint]

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