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Opinion: Why You Need Money, A lot Of Money To Win A Murder Case

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Joseph ‘Jowie’ Irungu was found guilty of killing businesswoman Monica Kimani in Nairobi.

By Maxwell Juma

As long as there are no eyewitnesses to a murder case that you are facing, then use all the money you have in this world to prove your “innocence” and here’s why:

First and foremost, our justice system is designed to protect you – the innocent. So the standard of proof is very high, and one can only be convicted when the prosecution proves its case beyond reasonable doubt. The system is designed to ensure that you are not convicted unless your guilt has been proven beyond any possible question. If you raise one pertinent question – you are a free man.

Raising that question is not easy, but if you use enough money, then it somewhat becomes easy. Let me tell you how;

First, you have to understand the repercussions of a criminal record, it extends beyond the courtroom, potentially impacting your freedom, your sex life, your family, your employment and well, your future opportunities. Recognizing these stakes should be motivation enough for you to use all the resources you have to build a robust defence.

The first step to doing this is to hire a skilled lawyer who will help you assemble your dream team. A dream team in this context can be a law firm with adequate facilities and enough human resources to work on your case.

The second step is to pay your lawyer well enough to be motivated to help you raise that doubt. There are a number of people working on your case; we have the lead lawyer, the second chair lawyer, associates, paralegals, secretaries, pupils, private investigators, among others. Keep in mind that there are two types of Criminal Lawyers in Kenya:

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1. The ethical defender – Louis Litt
2. The zealous lawyer – Harvey Specter

The Ethical Defense Lawyer is one who stands up for justice with Integrity. They don’t care whether you win or lose. They are just there to ensure that you are given a fair trial.

The Zealous Advocate goes to the pits of hell to secure your victory. They go above and beyond. You need this kinda lawyer.

The third step is to pay enough money to facilitate your case. We call them disbursement fees. If you are facing a murder case, just drain your bank account and hand it over to your lawyer. They will use whatever they use and give you back whatever is left. Lawyers are good people.

Here’s how your money is going to be used to help you raise that doubt:

1. Thorough Trial Preparation:

Before a trial begins, thorough preparation is essential for a strong defence. Your lawyers will meticulously review all evidence, from emails to police reports, and they will use this information to create motions in limine, propose voir dire, and prepare exhibit and witness lists. This comprehensive process demands significant hours, reflecting the commitment needed to ensure a fair trial. If this process is done speedily or wrongly, things will get wrong.

2. The Cost of Witnesses and Experts:

After preparation, your lawyer will formulate a defence strategy and a theme, subsequently, he will assemble a team of ideal witnesses to dance to the tune of your theme.

Witnesses play a crucial role in establishing facts, but their involvement comes at a cost. Let’s assume you are facing a murder charge that no one saw you commit (just like in Jowie and Jackie Maribe’s case). You will need a lot of expert witnesses to recreate the scene. The prosecution will need to paint a picture of what really happened since no one saw it. They will put you in the middle of the scene (wewe ndio stero). Your witnesses will try to deconstruct this scene. Some of these witnesses will include medical professionals, actors, forensics experts, photograph experts, Knife experts, and handwriting analysts. All of these people will try to help you present a compelling defence. The expenses tied to hiring these experts can be substantial. More so, some of these witnesses come with their props to court to demonstrate. More expense.

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In OJ Simpson case, the defence presented a total of 58 witnesses. Mind you, this is a murder that not a single soul in this world witnessed being committed, only the dog saw it. OJ ended up using KES 400 Million to defend it, and the government used KES 900 Million to prosecute it.

3. Logistical fees:

Securing witnesses can pose logistical challenges, particularly if a key eyewitness has relocated. The expenses related to transporting, housing, and feeding them throughout the trial can be significant. Additionally, the need for law enforcement escorts or protection details further escalates overall costs. Some witnesses would want to be protected.

4. Time-Intensive Investigations:

Serious trials, including those involving the death penalty or life imprisonment, demand extensive time investments. Investigating, interviewing potential witnesses, and researching legal aspects are crucial steps in building a robust defence. This time-intensive process, both inside and outside the courtroom, underscores the complexity of mounting a thorough defence. Lawyers need to prep their witnesses well enough before they get on the stand. We normally create mock trials to help them overcome their stage fright and also prepare them for what’s to come. To achieve this, a lot of money has to be used.

5. Private Investigators and Additional Costs:

In certain cases, private investigators are enlisted to explore witness backgrounds for impeachment purposes. However, these services come at a steep price, potentially reaching KES. 100,000/= per witness. Moreover, some cases may require props and actors to recreate scenes, adding another layer of expense to the defence strategy.

Understanding the financial intricacies of criminal trials reveals the critical role of money in proving innocence. As individuals strive to defend their freedom within an imperfect legal system, investing in a comprehensive defence becomes paramount. While the costs may seem overwhelming, it is an essential investment in securing a fair trial and upholding the principle that everyone is innocent until proven guilty. In the pursuit of justice, recognizing and addressing the financial challenges inherent in criminal trials is an indispensable step towards a more equitable legal system.

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Disclaimer

This is not legal advice and should not be relied upon as such.

The writer is a lawyer.


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