MinBane

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Archive for the tag “DCI”

The Untouchable Ojienda!

There are sometimes and somewhere, someone who has such connections and place in society, that they are untouchable. Professor Tom Ojienda is the Chairperson of the Judicial Service Commission of Kenya, he is also the former Chair of the Law Society of Kenya.

Tom is a Special Counsel, so the man has a unique place in the Republic. That has been evident over the last few days. Just within short time, the Department of Criminal Investigations (DCI) and Department of Public Prosecution (DPP) had to both fold an alleged fraud case against the man. This being illegal obtaining of funds from Mumias Sugar Company. Clearly, he has such a position, that the Courts are barring his case. This because he sits on top of the JSC.

We are seeing a game, where the elites, the ones on top of the food-chain can possibly eat and live lavish on other people’s dime. Misuse their position and still get away with it. Even as the DPP have found evidence of corrupt activity, the Courts are dismissing the case. That shows how bad the society is.

This isn’t just about Tom, this is about the failing judiciary and the failing rule of law. When someone is above the system and cannot be touched. Because, the Case against him could be barred in the High Court. Which is really unique, in the circumstances and what we have seen. We are clearly seeing that Tom is something else. Since, he is now out and about, even with the questionable cash obtained through Mumias.

That shows how his prestige and position, means that he can differs from the law, which he presides as a Special Counsel and part of the JSC. Therefore, as part of the clientele on top, he cannot really be touched.

If Tom had been an ordinary crook, he would have suffered behind bars and awaiting sentencing. However, Tom is high-ranking official and a lawyer. Therefore, the system has to be careful, as he can unveil or even reveal matters to the courts. That is why the case is stalled, that is why he isn’t touched.

This story isn’t cool, but more a friendly reminder, that some people have suction and doesn’t need to worry. Tom Ojienda is one of them.

The Republic see it and even if Tom thinks his off the hook. As long as he gets away with it. People will see him as a crook. Until it is really proven, that he never took. Peace.

Just read this nonsense of Charge Sheet. It says it all!

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Uganda Law Society Statement on Attacks on Lawyers in Line of Duty (18.07.2017)

Letter to the DPP from UAP: “Re: Industrial Action from the Uganda Association of Prosecuters” (11.07.2017)

Kenya: Report says that Safaricom is a helpful hand in the breaches of incepting intelligence for the Security Organization!

The international Non-Government Organization Privacy International dropped another gem today with a report on the surveillance and on how the Kenyan Authorities get their ability to get intelligence and how they use the communications platforms to get knowledge. The worrying way is how the Safaricom and the Kenyan Authorities together spies on the population.

This report through different methods and also interviews, as much as people who have worked on the inside has told stories how the Security organization has used the giant Kenyan Telecommunication Company Safaricom. All should be done with court orders, still there are proof now of internal squabble inside Safaricom where there are even undercover agents inside the company. Take a look at key points of the report!

Court order to require Intelligence:

“In practice, if not in law, Kenya’s surveillance regime appears bifurcated. The NIS intercepts both communication content and acquires call data records without warrants to gather intelligence and prevent crime, and police agencies acquire communications data with warrants to prepare criminal cases. If it’s ‘just’ for intelligence, explained one police ATPU investigator, then warrants are not sought: “For the sake of investigations, the DCI [Directorate of Criminal Investigations officer] attached to Safaricom will just give [it to] you… When you take someone to court, you have to make it proper now.” Safaricom stated to PI that they “only provide information as required by courts…and upon receipt of relevant court orders.” (Privacy International, P: 16, 2017).

Internet Providers and NIS:

“One internet service provider recalled the difference between his experiences with the police and with the NIS: “A [police] agency comes to me, and they give me the Occurrence Book (OB) number of the case they are investigating…. The NIS has unfettered access to data.” The NIS simply contacted this operator for the data it required. “They will say ‘give us [data for] whenever X calls Y over this time period’, for example…In instances involving terrorism, no warrants are produced. We have to comply or there is the threat that our licenses [will] be revoked.” A Communications Authority of Kenya (CA) officer confirmed his account: “they’ll get their license revoked [if they do not comply]… If I were them, I’d comply too” (Privacy International, P: 17, 2017).

Safaricom CID Connection:

“The major telecommunications providers have at least one law enforcement liaison, a police officer of the Directorate of Criminal Investigations (CID) on secondment. This analysis focuses on Safaricom, by far Kenya’s most popular mobile service provider with over 60% of the market share. At Safaricom, around ten CID officers sit on one floor of the Safaricom central bloc. They provide information to all police branches” (Privacy International, P: 20, 2017).

“The reported presence of NIS officers undercover in Safaricom and possibly other telecommunication network operators presents serious concerns as to whether any civilian authority or mechanism would be able to effectively oversee the process of communications interception. “The way we know they are here is that they’ll be present, seconded from somewhere else, but then suddenly they’ll disappear,” explained one CA employee. “And then you hear your colleagues saying ‘didn’t you know, that guy was NIS?’ They keep very much to themselves. You’ll even find your boss some time suspecting you of being NIS.” According to sources, by building rapport with civilian officers, NIS are able to informally access communications data. “Of course [the NIS officer in Safaricom] will liaise with the Safaricom engineer… Once there is information that he needs, or that our office needs, he gets in, he talks to the engineer, he is given access,” explained a current NIS officer. “Because in Safaricom, every time you log into the database to check for a certain number, you have to put your code there. … It depends on the rapport he has with the engineers…. They trust him.” (Privacy International, P: 21, 2017).

The use of Safaricom and the surveillance shows the problematic relationship between the government and the private telecom company. That the State Security Agents are not using warrants getting intelligence and private intercepts online shows how little the value of the citizens are. When the government security agents can breach public space without court orders and when they have undercover agents inside the biggest telecom in Kenya, shows how they breach the public sphere to get access and intelligence from the inside. This is a worrying side. Peace.

Reference:

Privacy International – ‘Track, Capture, Kill: Inside Communications Surveillance and Counterterrorism in Kenya’ (15.03.2017)

Uganda – DPP for sale – Secret mail confirm prices of law enforcement (03.04.2015)

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