Dr. Col. Kizza Besigye Quote – “Told You So”

FDC Quote

Press Release: Major Suspected Ivory Kingpin Released in Kenya (21.08.2015)

Interpol

Nairobi, Kenya, Friday, August 21st 2015: WildlifeDirect has today expressed its deep disappointment at the release of suspected ivory Kingpin Feisal Mohamed Ali. He and five others are charged with trafficking 2 tons of ivory that was seized in Mombasa on the 5th of June 2014. He had escaped to Tanzania where he remained a fugitive for 7 months before arrest, following a red notice issued by Interpol. The ruling by court magistrate Honourable Davis Karani allows him to leave Shimo la Tewa prison where he has been held since 23rd of December 2014. The terms for his release are that he pays a bond of Kshs. 10 Million (USD 100,000) and a surety of the same amount.

The decision today by the lower magistrates court contradicts a decision on 7th July just a month ago by the High Court of Kenya in Mombasa which emphasized that he (Feisal Mohamed Ali) was a flight risk. Honourable Karani today said he sees no reason why Feisal should remain in custody.

The trial which commenced four days ago (17th August 2015) follows a protracted inquiry into the disappearance of evidence in the case; 9 motor vehicles which are suspected to have been used in the crime that were under police protection. The prosecution revealed that they intend to call witnesses who are under state witness protection program.

This trial is a major test case of the newly created Wildlife Prosecution Unit under the Office of the Director of Public Prosecutions, the only unit of its kind in Eastern and Central Africa that was formed as a result of the rising cases of major transnational wildlife crime.

WildlifeDirect Chairman Philip Murgor expressed his disappointment

‘’This is the most unaccepted and unfortunate decision that a lower court can overturn the decision of the High Court. It undermines all the coordinated efforts of law enforcement agencies in Kenya and Tanzania as well as Interpol to bring the fugitive to face justice in Kenya’’

Mr. Murgor is the former head of Public Prosecutions.

Today the prosecution asked the trial magistrate Honourable Karani to recuse himself from the case but the magistrate declined.

As Kenyans reacted to the shocking news, the ODPP kept concerned citizens updated with tweets:

“we at ODPP are all shocked & disappointed by the outcome @ODPP_KE @paulakahumbu”

“JUST IN ;Magistrate refuse to stay release order &defers ruling on his disqualification until Hct decide on bail !”
And “the team in Mombasa have been in the trenches on a daily basis over this matter & they extremely disappointed

The ODPP through Assistant Director of Prosecutions Mr.Muteti has indicated that he is filing an urgent application at the high court to overturn the bond ruling and apply for the magistrate to be recused from the case.

Editor’s Note
WildlifeDirect is a Kenyan NGO and US registered 501(c) (3) organization. Hands Off Our Elephants, the flagship campaign of WildlifeDirect and it is patroned by Her Excellency Margaret Kenyatta, the First lady of Kenya. The organization has been at the forefront of driving legal reforms in Kenya and East Africa. The CEO of WildlifeDirect is Dr. Paula Kahumbu. Elizabeth Gitari is the Legal Affairs Manager.

For more information, Please contact Elizabeth Gitari at egitari@wildlifedirect.orgor +254 723 419 706

UN OHCR for Somalia – More Assistance needed in Recently Opened-Up Areas, Says Humanitarian Coordinator (21.08.2015)

UN OHCR Somalia

Kenyan reactions to the proposed Kenyan-Ugandan Sugar-Agreement: Is it a sweet cup of tea or is it something else?

UhuruandRuto

Kenyan opposition has reacted to the talks about importing sugar from Uganda to Kenya and recharging the trades over the borders. This is after the talks that been between Uhuru Kenyatta and Yoweri Kaguta Museveni in Uganda recently. Here will go through the statements from CORD (Coalition of Reforms and Democracy), ODM (Orange Democratic Movement) and JUBILEE. Also other main actors in the Sugar industry in Kenya, also main numbers for one of the factories called Mumias Sugar Company, which has had issues in the recent year.

To put a little history into this and surely forgotten near history is:

“A public spat over when 200 000 tons of duty-free sugar should be imported from the Common Market for East and Southern African (Comesa) bloc to forestall a sugar shortage in Kenya has exposed potential economic sabotage by members of the ruling party” (…) “On February 9, the board’s chief executive, Andrew Otieno Oloo, wrote a letter to the Kenya Anti Corruption Commission and the National Security Intelligence Services accusing the ministers of attempting to execute fraudulent deals. Otieno said the sugar crisis had been orchestrated to trigger a price increase for the commodity” (…) “Two weeks ago, presidential aspirants Raila Odinga, William Ruto, Musalia Mudavadi, Najib Balala and Kalonzo Musyoka — all from the opposition — also took the government to task over the delayed sugar imports and said the scheme was intended to create an artificial scarcity aimed at raising prices” (…) “The imported Comesa sugar would have stabilised sugar prices, which have already increased by more than 100%, to $2 from less than $1 a kilogram in October last year. The issue boiled over last December when Kimunya declined to expedite the government gazette notice, making it impossible for the sugar board and the Kenya Revenue Authority to set a date for traders to start importing the sugar” (…) “The scandal has further tarnished Kibaki’s image as he struggles to recover from a series of similar scandals that cost the taxpayer more than $100million between 2003, when he came to power, and 2004, when the details of the theft of public resources began to emerge” (…) “Kenya’s sugar needs are 800Â 000 tons per annum. It produces 600Â 000 tons and the remaining 200 000-ton deficit is bridged with imports from Comesa” (Kwayera, 2007).

Footage from KTN NEWS:

Footage from Kenya Citizen TV:

Amina Mohammed said today: “emphatically that the Uganda sugar deal has been blown out of proportion, with the main agenda of the visit totally forgotten” (…) ”That the only matter agreed upon was the establishment of an East Africa Sugar Board to protect Kenya’s sugar and ensure that what is being exported and imported is not from anywhere else apart from the region” (Kulundu, 2015).

The basic information quote on the sugar trade between Kenya and Uganda from the Joint Communique that came out the 10th of August from the Statehouse of Entebbe and the Republic of Uganda:

“President Museveni noted that Kenya exports to Uganda are estimated at $700 million compared to imports worth $180 million, and commended President Kenyatta for implementing initiatives that would contribute to bridging the trade gap. The two Heads of State observed that bilateral trade has potential to grow further and reaffirmed their commitment to the free movement of goods, Labour and services, including the elimination of all trade barriers” (Joint Communique, 2015)

Musailia Mudavadi has said the agreement has killed the goodwill of the 1sh billion bailout of Mumias Sugar Company. Statement on the 14th of August Mudavadi said: “Kenyans need to know what measures the government has taken to prevent unscrupulous importation of sugar from outside the Comesa protocol and channeling it through Uganda to circumvent the regulations under the Rules of Origin principles” (…) “There is a classic example of re-packaging Brazilian sugar and dumping it in the Kenyan market” (…) “The excuse of ‘balancing trade between our sister countries’ should not be used to enter into pacts that undermine local production” (…) “”It cannot be that his Cabinet Secretary Amina Mohammed says there is no agreement while the President defends the alleged agreement. Is there a pact or not? This contradiction needs correcting” (Ochieng, 2015).

TV-Deal Kenya-Uganda

What the ODM fear about the Sugar deal with Uganda:

“Kenya has arrived at that stage. There is clear evidence that we are dealing with a mafia regime in which individuals are pursuing personal interests in the name and the expense of the nation” (…) “The end game is to turn Kenyans into beggars who rely on the generosity of the thieves who will come to our aid through harambees and the other acts of alleged philanthropy” (…) “That is the story of Sugar. The same sugar, imported by government officials is, financing Al Shabaab who recently killed hundreds of university students in Garisssa, most of whom were from Western Kenya” (…) “In Western Kenya, they have attacked sugarcane in a double prolonged strategy. First, they will kill the factories. Next they will buy the factories” (…) “We have asked the president to explain to us how this deal helps the sugarcane farmers” (…) “We have asked the president to explain how this deal will help our industries prepare for the end of COMESA sugar protection period”(…) “Yes Kenyan Sugar is expensive. But it feeds the Kenyan farmers and it educated the children of sugarcane farmers. Yes Ugandan sugar is cheap. But it only feeds Uganda farmers and their children. No nation ever developed by abandoning its products” (…) “Buy Mumias Sugar, Sony Sugar, Nzoia Sugar, Chemelil and Muhoroni sugar and build the country” (Kulundu, 2015).

Cord Statement on sugar deal:

“Sugar production is vital to the economies of Bungoma, Homa Bay, Kakamega, Busia, Kisumu, Migori, Narok and Kwale. There are 11 sugar factories in Kenya. Allowing the dumping of sugar in Kenya will devastate the economies of a quarter of the Counties of Kenya and a huge section of the rural agricultural population. This is economic sabotage on a grand scale. Grand Economic Sabotage is a crime. It is treasonable” (…) “  TWO MAFIAS? ONE IN KENYA ANOTHER IN UGANDA: The matter is urgent because of the statistics that Uganda does not produce a sugar surplus to be exported to fill Kenya’s supposed deficit allegedly of 200,000 tonnes. The model we fear is going to be used was last seen in 2008. Back then Hon. Kahinda OTAFIRE a close ally of President Museveni and a former head of Uganda’s intelligence service who is currently Uganda’s Minister for Justice and Constitutional Affairs, got embroiled in a civil suit involving KSh. 50,000,000 (fifty million) worth of sugar that came into Mombasa from Dubai already in packed in Mumias Sugar Factory packets! It was meant to be dumped in the Kenyan market. Mumias Sugar Factory got involved in the case and two years later the sugar consignment was destroyed. We are headed in the same direction! It seems that a Kenyan mafia has conspired with a Ugandan one to profit from corruption that will serve only to impoverish Kenyans” (Kenya-Today, 2015).

Jubilee Statement:

“All CORD and its leader, Raila Odinga have done so far is to point fingers, cast blame, misinform, and compound the despondency already weighing down the sugar growing community” (…) “Mr. Ruto was appointed Minister for Agriculture, farmers were being paid a paltery KES 2500 per tonne of cane delivered to the factories. Because of interventions under Mr. Ruto’s leadership, including the cancellation of sugar permits of know sugar cartels, barons and brokers” (…) “It is well-establish matter of public record that Mr. Ruto bravely confronted sugar importation and smuggling cartels which dumped cheap sugar in the market, short-changing hardworking farmers” (…) “It is a fact that this threat to the monopoly and liquidity of sugar barons affected Mr. Odinga’s personal interests, leading to the unfortunate removal of Mr. Ruto from the Ministry of Agriculture. It is also a fact that Mr. Odinga has been inert bystander at best, or a conspirator of sugar, cartels as the farmers of Western Kenya and Nyanza suffered” (…) “Mr. Odinga has finally confessed that he owes the poor sugar cane farmers of Mumias hundreds of millions of shillings which he casually terms a commercial loans” (…) “Why did Mr. Odinga obtain this so-called commercial loan from poor peasant farmers instead of a approaching a commercial bank whose business it is to lend money?” (…) “We demand from Mr. Odinga and companies associated with him full disclosure of how much they owe Chemlil, Nzoia, Muhoroni, South Nyanza and other millers” (…) “Mr. Odinga is proposing to visit the people of Western Kenya, whom he owes money, his rallies will essentially be a meeting with his creditors. We sincerely hope that aside from cheap politics and empty rethoric, Mr. Odinga will present to the people of Western Kenya a credible repayment plan, outlining how he and companies associated with him intend to repay the money owed, to enable the peasant farmers take their children to school” (InLiveNews, 2015).

mumiassugar

More to the story:

“William Ruto has called Raila Odinga “Lord of Poverty” while Odinga has fired back to Ruto calling him “High Priest of Corruption”. Majority leader Aden Duale says “All CORD and its leader, Raila have done is to point fingers, cast blame, misinform and compound the despondency already weighing down the sugar growing community” (…) Mr Duale also says “after the move, payment for sugarcane farmers shot from Sh2,500 to Sh3,800 a tonne and only went down after Mr. Ruto was sacked” (Jodie, 2015).

William Ruto has continued to say online: “Sugar cartels used PM’s office to orchestrate my removal because Gazette notice 3977 I signed cancelled their licences ending their schemes” (…) “While in western (essentially meeting with creditors) aside from rhetoric, I hope Cord presents a credible repayment plan of admitted debts” (…) “how that my friend Tinga (Raila) admits owing peasant cane farmers millions can he explain why he didn’t take this “commercial loan” from a bank?” (…)“Under what circumstances did Mr Odinga and companies associated with him contract a debt of such magnitude with poor innocent farmers?” (Jodie, 2015).

Kiprono Kittony commented to the media: “Importation is not meant to weaken the economy rather it serves to help bring development and collaboration between countries. Politics will not increase sugar” (…) “Most of the sugar companies in Uganda are private, that’s why they are able to produce more and better sugar than us. The Government should do the same and privatize our companies” (Mr. Kittony is the Kenya National Chamber of Commerce and Industry), (NairobiToday, 2015).

The former Presidential Campaign Manager for Raila Odinga, Mr. Eliud Owalo has said this about the Mumias scandal: “Nairobi Governor Evans Kidero has been accused of systematically running down Mumias Sugar Company during his tenure as the Managing Director of the giant Sugar Miller. He was not MD of Mumias by virtue of being the Governor of Nairobi, and he must therefore be ready to bear responsibility as to costs and consequences of the same without dragging the Party into it” (…) “It does not help the Party cause to continue clinging onto Kidero in the face of serious allegations of graft at Mumias Sugar Company to the detriment of the people of Western Kenya whose single largest source of livelihood is now at stake.The Party risks losing its crucial Western support base by being seen to be protective of Kidero who has crippled the economy of the Western region, yet he is equally known to be one of the most disloyal members of the Party. Embarasingly, the Nairobi County Governer is heavily implicated in wanton land grabbing reminiscent of the Nyayo era yet both ODM and the CORD Coalition has maintained a studious silence on the same simply because it’s our own Governor is at the engine and otho-centre of the land scams” (Nairobi Forum, 2015).

Nairobi Senator Mike Sonko also spoke his peace: “I wish to table some audio clips and unfortunately it will not go down well with some people who will lose some confidence in me but for the sake of development of Nairobi County, allow me to table them” (…) “Peposi Freight Kenya Ltd was registered on December 23, 2014 and the next day opened an account at Cooperative Bank, City Hall branch. Sh7.6 million was wired from the Nairobi County Government for services never delivered” (Nairobi Forum, 2015).

Claims of bribes to seal a nice report:

“Drama started when two MPs claimed 20 members who signed the final report complied after a probe on Mumias Sugar Company had received a total of Sh64 Million to expunge some names from the report. The debate comes as the committee is embroiled in an allegations taking bribes to doctor the report over importation of sugar that contributed to crippling of the Mumias Sugar Company” (…) “The allegation and counter-allegation came after Washiali and Fred Outa (Nyando) claimed the MPs, including Committee chair, had received sh4m bribe to shared among 22 members who signed the altered report. Noor is being accused of reiciving the money after Lugari MP Ayub Savula, at a past committee, claimed a cheque from a local bank had been deposited into the chairman’s account” (…) “Washiali said further: “We have a feeling the Sh4m affected the outcome of the report. I know money was deposited into your (Noor) account that made you alter the report. This is the matter of life or death. Tell us who also benefited from it. We will not allow you to take advantage of our people” (…) “Washiali also took on Kimei, claiming he had hinted to him that a further Sh100m was being prepared for members to ensure they come up with “good report” (IGNITEKE, 2015).

mumias2

Backdrop on Mumias fall and the numbers before the bailout:

It mentioned in the stories. I had started to write a few months ago on this. So this is just the backbone of a article. So here is a draft of numbers and information of the company that got bailed out during the year after terrible economic issues that it had. This here is a little basic and also far from digging through what I had at the time. But this is just a sidepiece to the quotes that are on the Kenyan-Uganda Sugar and trading deal between the countries after the state visit of Uhuru Kenyatta in Uganda around 10-11th of August 2015.

So enjoy the little information on Mumias Sugar Company: 

Emis they described Mumias Sugar Company Ltd as this:”Mumias Sugar Company Limited is a Kenya-based company engaged in the manufacturing and distribution of sugar and the production of electricity. It manufactures molasses for industrial users, traders, farmers and individual purchasers” (…) “The Company also produces power through burning of baggasse, a waste product from sugarcane processing” (EMIS – Securities).

The important tales from the annual report of 2014 tells dangerous story. First with Mr. Ameyo describe the matter of the company and sugar industry got hit because of that. This starts with the unexpected low yield of sugarcane from the sugar-belt in Western-Kenya. Part of the operation issues was getting good quality cane.  Year of 2014 was the production of Sugar went up by 14%. The Ethanol production from last fiscal year went up 210%. Molasses production went down because quality of the sugar-cane the downturn in production was total of 21%. This resulted in less export of electricity. All of this with also the higher price on production cost went up 18% (Ameyo, 2014).

COTU press release on the Mumias:

“Mumias Sugar Company limited is facing imminent closure soon if the kshs.1Billion promised to the Sugar Company by the government is not effected immediately and the closure will result into the eventual collapse of the Sugar Firm” (…) “he Western Region requesting government offices to intervene and ensure that Mumias Sugar firm does not collapse because such action will lead to over 500,000 families across the country losing their source of livelihood besides the millions of people that depend on the firm both directly and indirectly in the Western Kenya and outside” (…) “At the same time, COTU (K)’s concerns are informed by similar promises by the government that lead to the collapse of Pan Paper Mills in Webuye and we are sure that soon after the collapse of Mumias Sugar firm, Nzoia Sugar Company will be on live and this will no doubt be the worst raw deal that the Kenyan people would have received from its government and it will be an uphill tasks for anybody to revive these plants” (…) “Thousands of workers now at Mumias Sugar Company are at risk of losing their jobs as do other workers within the production and distribution chain and the Kenyan economy will be worst hit at the closure of Mumias Sugar Company” (COTU, 2015).

Certain people owning Mumias money by June of 2015: 

“Otifier Logistics is the highest debtor owing Mumias Sugar Company 36.6 million shillings followed by Spectre International Limited which is associated with the Odinga family that has a debt of 33.9 million shillings” (…) “Otifier Logistics that owes Mumias Sugar Company 36.6 million shillings. Second is Spectre International Limited, a company associated with the Odinga family which owes Mumias Sugar 33.9 million shillings for molasses bought from the miller” (…) “Uchumi Supermarkets also features on the list owing the sugar miller 6.6 million shillings for sugar” (…) “Ukwala Supermarket, Nairobi with a debt of 2.8 million and Yatin Supermarket that owes the miller 319,320 shillings” (…) “Unilever Kenya is also listed as having a debt of 2.2 million shillings” (…) “Mumias Sugar says it is owed a total of 241 million shillings by several companies and individuals” (The Uchaguzi, 2015).

Youth from the Mumias Sugar Belt have alleged that the driving force in “reconciliation” of Senator Bonny Khalwale and Governor Evans Kidero is a 50 million prize money being dangled to abort justice:

“All of us victims of the plunder of Mumias Sugar Company, by a powerful politically connected Cartel, are very alarmed at emerging information that corrupt, evil underground maneuvers are underway to kill off the ongoing clamor, for justice and retribution, by elected leaders and wananchi in the Mumias Sugar belt and Western Kenya in General” (…) “the main target is Kakamega Senator Dr. Bonny Khalwale alongside dozens of other vocal leaders both on the ground in Western and here in Nairobi. We are alarmed that a section of top political leaders, are the chief architects of this heinous betrayal of poor sugarcane farmers and are hiding behind what they call “RECONCILING Dr. Khalwale and Nairobi Governor Dr. Evans Kidero” (…) “Governor Oparanya’s loud silence, his ruthless attacks against Kakamega County Assembly Majority leader Cleophas Malala and others whenever they publicly condemn the looting of Mumias and his recent fraudulent dolling out of Sh. 200 million to Mumias instead of calling for the thieves who fleeced the Company to return the loot, confirms our worst fears that the ODM top leadership is complicit in the Mumias Scandal and hence their efforts to intervene are a cover up, which we reject” (…) “Apart from Governor Oparanya, CORD Principal Raila Odinga has been admitting on several Vernacular FM stations that his Company is one of the many debtors who  owe Mumias Sugar Company a lot of money. Initially he blamed it on the bank that gave his firm  some credit facility to buy Molasses from Mumias. Then when the people are expecting him to lead by example by promptly paying the debt, he popped up in a funeral mass in Kakamega last weekend and denied owing Mumias. That double speak tells a lot. He thinks people have short memories such that he can just play around with their problems” (…) “Dr. Khalwale and other targeted Luhyia leaders should know that accepting to back down from the campaign for the punishment of those who destroyed Mumias and accepting to be given financial inducement will be the biggest betrayal of our farmers and the entire Luhyia Community. The only compromise we can agree is a total refund to Mumias Sugar, full payment for farmers’ cane deliveries that are in arrears for the past several years and  key suspects in the looting to organize a public repentance and apology by all the thieves” (The Gazette Daily, 2015).

And the final numbers from the End of Year and Financial Statement from the Mumias Sugar Company:

Year: 2012 2013 2014
Total Assets

(shs ‘000)

27,400,113 27,281,993 23,563,086
Total Equity and liability (shs ‘000) 27,400,113 27,281,993 23,563,086
Cash & Cash Equivalents at the end of Year (940,281) (1,356,124)
Total Loss (1,455,096) (2,740,685)

(Ameyo, 2014)

TV Kenyatta Odinga

Afterthought:

This has been a long enough blog/article for the internet. But its sure sweet with details and sure Raila Odinga doesn’t come out of this well. Because the table is turned on him since he went after Uhuru Kenyatta and he has borrowed money from the company that recently got saved by the government. An because of the scandal of Mumias Sugar Company I had already a lot of documentation before the Uganda-Kenya import deal that was supposed to happen and be ready after the 10th August 2015. Since that Raila Odinga, the CORD and ODM went bananas and wanted to have a upraising in the Western Kenya where the Sugarcane famers that supply the Mumias Sugar Company reside and where the farmers earn their living deliver the cane to the factory with mills it. Though the economy and corruption of the company has come to the surface and tells that something is not right. And if there are personal connections for Odinga and need extra the sugar mills, as it seems there are reasons to doubt the real political plan of Odinga. As Ruto and Kenyatta has bailed out Mumias and might have signed or gotten to a level of planning to open the borders for sugar and commodities as the ‘Joint Communique’ tells. There is certainties that of  “President Museveni noted that Kenya exports to Uganda are estimated at $700 million compared to imports worth $180 million, and commended President Kenyatta for implementing initiatives that would contribute to bridging the trade gap” (Joint Communique, 2015). Which tells the story in general that there will be more trading from Uganda to Kenya, and at the same time will also open the borders more from the Kenyan side.

This has sure not been the cup of tea that the Kenyan Government and the President Uhuru Kenyatta wished to see after being for a visit in Uganda earlier this month. Secondly after bailing out of Mumias Sugar Company should seem like the trading agreement with Uganda shouldn’t spoil that, even if they can import Ugandan Sugar, for the simple sense, the Kenyan community might get more easily sell products in Uganda as well. I doubt that the deal and agreement will be a one-way traffic train between the nations. Then its Raila Odinga who isn’t drinking, but the coastal drink of Mnazi. And with the information I get, I miss a lot of leads and structures. I wish I had more rough numbers and actual facts then hearsay and statements from the parties. With the scandals and probes proves that their certainties of some conspiracy, but where it might lead is scary in Kenya, therefore we haven’t been to bottom of it, or that the Mumias Sugar Company and Sugar Cartel has the hold of politicians so they won’t speak, because they getting behind keeping their mouth shut. An Raila Odinga is in debt to the Sugar Company together with other big shots! While the Government and Jubilee want support in Western Kenya so they support Mumias Sugar Company because of the farmers it feed. While this Sugar agreement and import option set it at risk, but that will also be for all the other millers that grind sugar in the Country! But if you want to be good neighbors and trade, you got to import and export produce between them. Which I think is something Uhuru Kenyatta understands and might think in his mind that is a possibility to continue to grow the Kenyan economy. In the end might not be wrong and give an edge to both countries. Not just sugar in the tea that there is in the talks for now, but everything else as well in time after there been an issue with the chickens and Migingo Island in Lake Victoria, and the fisheries and fishing industry for both countries!

Peace!

Reference:

Ameyo, Dan – ‘Mumias Sugar Company Limited – Annual Report and Financial Statements’ (30.06.2014)

COTU – ‘imminent closure of Mumias Sugar Company’ (06.06.2015) link:

http://cotu-kenya.org/imminent-closure-of-mumias-sugar-company/

IGNITEKE – ‘MPs in a bitter row over Sh60m sugar bribe’ (18.03.2015) link: http://ignitekenya.com/mps-in-bitter-row-over-sh60m-sugar-bribe/

Joint Communique Issued During the State Visit by H.E. Uhuru Kenyatta, President of the Republic of Kenya (10.08.2015) – 10th August, Entebbe, Uganda, Released by the Republic of Uganda

Jodie, Vanessa – ‘Raila fired me because I cancelled sugar barons’ licences, claims Ruto’ (19.08.2015) link: http://www.hero.co.ke/raila-fired-cancelled-sugar-barons-licences-claims-ruto/

Kenya Forum – ‘ELIUD OWALO CALLS FOR KIDERO AND ABABU TO BE KICKED OUT OF ODM’ (10.03.2015) link: http://www.kenyaforum.net/2015/03/10/eliud-owalo-calls-for-kidero-and-ababu-to-be-kicked-out-of-odm/

Kenya Today – ‘Raila takes Uhuru SUGAR ‘WAR’ to Ground Zero, CORD to hold RALLIES in the SUGAR BELT’ (18.08.2015) link: http://www.kenya-today.com/politics/raila-takes-uhuru-sugar-war-ground-zero-cord-to-hold-rallies-in-the-sugar-belt

Kulundu, Mary – ‘Amina Mohammed: Let Me Put This Matter To Rest’ (19.08.2015) link: http://www.kenyans.co.ke/news/amina-mohammed-let-me-put-matter-rest

Kwayera, Juma – ‘Sugar scam stirs slush fund fears’ (05.03.2007) link: http://mg.co.za/article/2007-03-05-sugar-scam-stirs-slush-fund-fears

Mumias Sugar Company Limited (Kenya) – link: http://www.securities.com/php/company-profile/KE/Mumias_Sugar_Company_Limited_en_2129630.html

NairobiToday – ‘Shock As Experts Now Abandon Raila Odinga Over His Selfish Political Gains & Uganda Sugar Deal Rhetoric’ (20.08.2015) link: http://www.nairobitoday.co.ke/2015/08/20/shock-as-experts-now-abandon-raila-odinga-over-his-selfish-political-gains-uganda-sugar-deal-rhetoric/

Ochieng, Justus – ‘Kenya: Sugar Deal Ruins Mumias Goodwill, Says Mudavadi’ (15.08.2015) link: http://allafrica.com/stories/201508150312.html

Statement by the Orange Democratic Movement – KENYANS TO FIGHT FOR THEIR LIVELIHOOD (18.08.2015) link: http://www.kenyan-post.com/2015/08/odm-exposes-ruto-and-uhurus-brookside.html

The Gazette Weekly – ‘Youth allege 50m in Senator Bonny Khalwale and Governor Evans Kidero truce talks’ (02.08.2015) link: http://kakamega411.com/5434/youth-allege-50m-in-senator-bonny-khalwale-and-governor-evans-kidero-truce-talks/

The Uchaguzi – ‘Mumias Sugar says it’s owed shs.241m by several companies and individuals’ (25.06.2015) link: http://uchaguzi.co.ke/mumias-sugar-says-its-owed-shs-241m-by-several-companies-and-individuals/

InLiveNews – Statement from Jubilee – ‘Statement in the interest of the truth for the sake of sugar farmer’ (18.08.2015) link: http://www.inlivenews.com/188807/a-statement-from-uhuru-rutos-jubilee-exposes-raila-odinga-badly-read-it-here/

Uganda – NRM Special Announcement on the Voters and Members Register

Uganda – TDA Road Map for Identification and Selection of the TDA Joint Presidential Candidate and TDA Joint Candidates for Parliamentary Muncipality and Local Council Elections (20.08.2015)

TDARoadMapP1TDARoadMapP2TDARoadMapP3TDARoadMapP4TDARoadMapP5

Uganda – Amendments to the ‘Anti-Corruption Bill 2013’ – Important changes to the existing law

2005_uganda_corruption_presser

It’s a proposed new amendment ‘Anti-Corruption Bill 2013’ that is dated back to 13th July of 2013. I will take the basic understanding of how the bill will be and what it can do if it gets into effect. The person behind this bill is Hon. John Ssimbwa who is MP of Makindye Division East. On the 7th of July 2015 this got passed in Parliament!

The important issues from the Memorandum:

First part is that is an extension and amendment of the ‘Anti-Corruption Bill 2009’. One of the main objectives of the bill is that the property of the offender the government can confiscate that from that legal person. That property will be controlled by the government and management by the public trustee appointment by the Minister in accordance with the Public Trust Act. One defect with the existing law is how to prove that set property was earned by the corrupt actions or indirectly by it. Because of this there is the reason for the amendment to the existing law.

Second part is how you define “property” and “political leader” which will entail more and describe broader in the new law after the amendment. In the new one the “political leader will be broaden the scope of the offence that caused the financial lost. Also figuring in “a company” to prove there are two “actors” in the actions of embezzlement, graft or general corruption. One new clause is also to incorporate Inspector General of Government (IGG) to service the court. And give more power to the Dirctorate of Public Prosecution (DPP) and IGG which will together restrict the owner of the bank accounts of the accused person. New clause is also to the persons who refuse to comply or give information to Special Investigator; with failure to follow the recommendation of the police will be incriminated, because with existing law there isn’t any response to it for the government. If for certain that a person is convicted for corruption for mandatory confiscation of any property to the person. And also in the amendment the person who will lose his property after being convicted will pay the cost for the transfer of the actual property.

Important changes:
From Section 20 setting in: “A person employed by the government, a bank, a credit institution, an insurance company, a company, a public body or political leader, who in the performance of his and her duties, does any act knowing or having reason to believe that the act or omission will cause financial loss to the Government, bank, credit institution, insurance company, a company, or public body commits an offence and is liable on conviction to a fine not exceeding three hundred and thirty six currency points or to a term of imprisonment not exceeding fourteen years or both”.

From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

From the Section of 65:

“A Person is taken to have absconded if reasonable attempts to arrest the person under a warrant have been unsuccessful during the period of six months commencing on the day the warrant was issued, and the person shall taken to have absconded on the last day of that period”. 

Meeting between Public Trust Act and the Amendment of the Anti-Corruption Act:

What these amendments to the existing laws is focusing on the property of the convicted person and how it all will be transferred to a Trustee Fund. This fund will be in power of the Government with the Inspectorate of General of Government and Dictorate of Public Prosecution will be in charge of. In the end this leaves more funds and properties into the government that will transfers from convicted persons and companies to the Trustee Fund.

A matter remain on the ‘Public Trustee Act of 1937’ has some issues and therefore need to amendment to see what the government of Uganda need to recover the embezzled money and property. The law in general is setting the standard on how the trusts are set up.

First section: “The Minister, by notice in the Gazette, may appoint some fit and proper person to be public trustee for Uganda, and may in like manner appoint a deputy or deputies to assist him or her, and every deputy so appointed shall, subject to the control of the public trustee, be competent to discharge any of the duties and exercise any of the powers of the public trustee, and when discharging those duties, or exercising those powers, shall have the same privileges and be subject to the same liabilities as the public trustee”.

Third Section: “An agent shall, in all respects, act under the direction of the public trustee who shall not be answerable for any act or omission on the part of the agent which is not in conformity with the power or duty delegated by the public trustee or which shall not have happened by the public trustee’s own fault or neglect” (…) “An agent, other than an officer of the Government, shall find security to the satisfaction of the public trustee for the performance of his or her duties and may be remunerated either by salary or such fees as the Minister may from time to time by rule prescribe”.

Fourth Section: “The public trustee shall not accept any trust under any composition or scheme or arrangement for the benefit of creditors nor of any estate known or believed by him or her to be insolvent”.

Sixth section: “When the public trustee has been appointed trustee under any will, the executor of the will or the administrator of the estate concerned, after obtaining probate or letters of administration with will annexed, shall immediately notify the appointment to the public trustee in writing, and shall supply him or her with a certified copy of the will and of any trust instrument and other documents affecting the trust, and such particulars as to the nature and value of the trust property, and the liabilities, if any, attaching to such property or the holder of the property, and the names, ages and addresses of any beneficiaries under the trust, and such other information as the public trustee may consider desirable to obtain in any particular case”.

Seventh section: “If any property is subject to a trust, other than a trust which the public trustee is prohibited from accepting under the provisions of this Act, and there is no trustee within the limits of Uganda willing or capable to act in the trust, the court may on the application of any interested party or of the public trustee make an order for the appointment of the public trustee to be the trustee of such property; but where the application is not made by the public trustee, no such order shall be made without his or her consent”.

We can see the difference between the new law and the older Public Trustee Act of 1937 and the amendment on the Anti-Corruption Bill, which deals with the property of a felon and the consent part of transfer of the property. Especially when you see how it set limits on the government and how the applications of the public trustee where it specifically says in the Act of 1937: “no such order shall be made without his or her consent” while the Anti-Corruption Act Amendment says: “From Section 63A:

  • Take possession and custody of any property under restraining or confiscation order:
  • Manage any property in respect of which he or she has been appointed a public trustee: or
  • Appoint the owner of the property to manage the property affected by a restraining order under the supervision of the Public Trustee:

(2) A Public Trustee appointed under this Act shall not be liable to any civil proceedings for any act done in good faith in the performance of his or her duty”.

From Section of 63B and G4A:

“The Minister shall make regulations for remuneration for the public trustee appointed under this act.” (…) “Where the court orders confiscation of property under section 64, the cost of enforcing the order shall be paid by convicted person”.

As you see this gives the state a possibility to order and confiscate of property from the convicted person and also get the payment for the transfer of the actual property. So if this comes to effect and can take possession of it or custody when the person is under restraining. The Public Trustee will be under the IGG and follow the orders of the DPP.  This gives more power then what they currently have. So that the Directorates and Public Prosecutor get more powers when they have apprehended a suspect and get either suspend their money in accounts and also transfer the property of the convicted person.

This means those people that will get a stronger punishment and that the Public Trusts will soar in Uganda, if the IGG does it jobs and get bigger cases through the courts. This means that the minister who is in charge and making the Public Trustee funds has to be sober and in-charge to keep up his conduct and the supervision of the fund after transferring the actual property and freezing of the accounts.

It would be interesting to see the implicated changes of the law and also how the minister and Inspectorate of General of Government has to be sure that the property and accounts are parts of the charge. If these extra charges will make a difference in Uganda, is only time to tell because the way it will be seen is the actual results and if it benefits the court systems. Secondly if the transfers of properties and accounts go well, then the Government might over time get vast amount of monies from different accounts and also grand properties if the functions and prosecutions of corrupt politicians, governments’ officials, civil servants and businessmen get caught. Therefore the Trustee Fund under the Minister will be a giant over time and also need more resources to have accountability over it. Something that is natural with the pending issues and convicted people that will be hurt by this law if this amendment will be a new reality in Uganda. Peace.

Reference:

Bill Supplement No. 3 – Bill No. 7: THE ANTI-CORRUPTION (AMENDMENT) BILL 2013 (13.07.2013) in Uganda Gazette No. 34. Volume CVI dated 5th July 2013, UPPC, Entebbe Uganda Ordered by the Government.

THE PUBLIC TRUSTEE ACT of 1937 – Chapter 161

NRM Poor Youth Forum – Kampala Chapter at “Gun-Point” while denouncing their support of Amama Mbabazi presidential aspiration in the NRM (19.08.2015)

Kampala190815

http://www.youtube.com/watch?v=On7W1EPEPJs

Press Release from the NRM Poor Youth after special press breifing in Kampala:

BREAKING NEWS:

THe military police, commanded by president M7 personal Assistant by the name Molly connived with police to parade some members of NRM POOR YOUTH FORUM Kampala Chapter to force them to denounce Amama Mbabazi in a press conference at Silver Spring Hotel Bugoloobi..Our members have refused to say anything but police has sieged the hotel..No one is allowed in and out now. Our members are on gun point to denounce mbabazi.

NRM POOR YOUTH FORUM was founded to mobilise the Poor and marginalised youth of Uganda to oppose the dictatorship of President Museveni and his Henchmen.
The NRM POOR YOUTH FORUM is fully committed to its cause and we are hopeful that our presidential candidate Amama mbabazi is the next president of Uganda 2016.

All our structures a cross the country are still intact and committed to the cause.

You can, I can.

Luzindana Adam Buyinza
NRM POOR YOUTH FORUM

Look at this as well:

Also this:

http://www.youtube.com/watch?v=qHvsqEggM5o

While on NBS:

http://www.youtube.com/watch?v=6BKF1VJp-Qs

Peace!

Important to know:

(Its been updated at 19:36, 19.08.2015 with the NBS TV Footage from the venue and commentary – Since it’s so compelling to the tale).

UNCHR: South Sudanese new arrivals in Gambella – Post 15th December 2013 (as of 18-August-2015)

SouthSudanRefugeestoEthiopia18082015

#RhodesMustGo: Statement on the Marikana Campaign (18.08.2015)

Rhodes-Statue

Following the wave of decolonial rage incited and ignited by the #RhodesMustFall movement, we have been consistently misunderstood, misrepresented, silenced and intimidated by wolves in sheep’s clothing- the colonial institutions we are learning to deconstruct.

In the shadow of the anniversary of the massacre of Marikana, #RhodesMustFall will relentlessly drive forward the project of decolonisation to its logical conclusion. The University of Cape Town, as an integral part of the machinery of colonialism, is deeply implicated in the events of Marikana, and we are here, if only to break that machinery into pieces.

The massacre of Marikana lies at the center of the problem of South Africa. The collusion of the state and white monopoly capital has not been clearer since the negotiated settlement that formed the nightmare that is contemporary South Africa- the ‘new’ dispensation.

On Thursday, August 16th, South African Police Services killed 34 protesters at a platinum mine, owned by the Lonmin company, and located in a town called Marikana. This display of police brutality was targeted at protestors who were fighting for a living wage.

The tragedy of this expression of state violence must be historicised and contextualised. In amidst the nuances and contradictions of the details of the massacre, the #RhodesMustFall movement echoes the call to target the roots of the tree, and by the roots, we explicitly refer to the violence of a) South Africa, b) the state, and c) it’s police, as an underpinning and unholy trinity of our nation’s (dys)function.

As a movement standing for the notion that ‘Rhodes’- as a symbol of the colonial situation of our nation- must fall, it is with bittersweet irony that we discover that the London Stock Exchange listed company, Lomnin, was a former division of the company known as LonRho (London Rhodes).

‪#‎RhodesLivesOnInMarikana‬

Without decolonisation, these structures will continue to demolish post-1994 reforms as they move forward with their colonial objectives. In the words of the revolutionary, Frantz Fanon, we remember –
“Colonialism hardly ever exploits the whole of a country. It contents itself with bringing to light the natural resources, which it extracts, and exports to meet the needs of the mother country’s industries, thereby allowing certain sectors of the colony to become relatively rich. But the rest of the colony follows its path of under-development and poverty, or at all events, sinks into it more deeply.

So what does this have to do with UCT?”

#RhodesMustFall, as we have articulated since our inception, has identified the University of Cape Town as amongst the key spaces and institutions that uphold the criminal status quo in which we find ourselves today. Through the legacy of the likes of Cecil John Rhodes, we have endeavoured to dig up the thinly veiled web of wealth, domination and violence that UCT has continuously benefitted from since its establishment.

In this, our next phase, we vow to hold the university accountable for its relationship to the unending violence against black bodies in Azania. It is an open secret that the University of Cape Town has, for several years, invested millions in mining corporations, in particular, Lonmin, through its retirement annuities. This has remained unchanged since the tragedy of Marikana.

We therefore encourage the public to work collectively in requesting the financial records of this institution because in moving forward, transparency is key.

The enormous financial contributions made by the mining sector to the university have, of course, come at a cost. The impact on knowledge production is most visceral in the engineering, economics and politics departments who house many programmes that propagate a neo-liberal conception of development and society that does little more than prepare them for careers and professions that exist to preserve the status quo and generate white monopoly capital. We note with disdain the particular deficiencies in the UCT economics department that has been established as a factory for the kinds of uncritical capitalistic thinking that will ensure that the events of Marikana will be repeated.

And of this we are certain:

Without decolonisation, Marikana will happen again.

As a self-avowed elite institution, UCT has garnered and fostered close relationships with multinational corporations who arrive at our doorstep with Trojan horses at career fairs, and on our donor acknowledgement boards. Many UCT graduates are granted safe passage into these organisations, while during education as students, are structurally and violently denied the information and history of the ground upon which they stand. The consequence is the repeated misdirection of potential skill, energy and passion away from the benefit of the majority of South Africans and toward the ends of white monopoly capital.

To further demonstrate the complicity of the ivory tower of UCT, we call to attention the presence of Judge Iam Farlam, the chair of the Marikana inquiry commission, on the university council. The #RhodesMustFall movement calls for the immediate removal of Judge Ian Farlam from council. This arises firstly out of a conflict of interest, as evidenced by the connections between Lonmin and UCT, but crucially as a response to the conclusions drawn by Judge Farlam in his report as highlighted below:

“The evidence shows -(a) that the tragic events at Marikana are rooted in widespread labour disputes in the area, particularly, at Lonmin’s Karee mine and at the nearby Impala Platinum Mine (‘Implats’) which were characterized by violence, intimidation and loss of life and the undermining of agreed collective bargaining processes; and (b) that the tragic events that occurred during the period 12 to 16 August 2012 originated from the decision and conduct of the strikers in embarking on an unprotected strike and in enforcing the strike by violence and intimidation, using dangerous weapons for the purpose”.

The conclusion listed above clearly places the root responsibility of the escalation of Marikana’s violence onto a disinherited black working class, which itself chooses to overlook the continual violence of the establishment of the mines themselves, and their historical role in the class formation and racialisation of African peoples. This is a tragedy of devastating gendered consequence, but this truth is unsurprisingly invisibilised by the power structure whose mobility is reliant on constructed and upheld ‘black dysfunction’.

Judge Ian Farlam failed to hold to account the state’s involvement in the massacre of Marikana and failed to identify the root of the violence that resulted in the murder of 34 mine workers. His decision and participation in this case must be problematised, as he sits on a governance structure that makes financial decisions regarding investments of Lomnin, (amongst others) the company involved in, and criminally complicit in this case.

The #RhodesMustFall collective reminds the UCT community in particular, that we are presently participating in the exploitation of our own workers. The struggle of the workers here is no different to those at Marikana. They demand a decent living wage of R10 500, as outsourced workers who are struggling for dignity, as they continue to prop up a university that celebrates its position as ‘the top in Africa’. We understand it as one whose ‘success’ lies purely in its upholding of the status quo.

In closing,

#RhodesMustFall demand the immediate renaming of the Jameson Memorial Hall to Marikana Memorial Hall, the removal of Judge Ian Farlam from council, a statement from the Vice Chancellor condemning the massacre, and the report and submission of a dossier detailing UCT’s relationship to mining corporations in Southern Africa.

Izwe Lethu,
M’Afrika

#RhodesMustFall