The Members of Parliament in Kenya take the power to levy laws “after the approval of Parliament” and nobody else.

Kenya Parliament

There are the questions in this day and age where the power of men is unstoppable. Where the Men and Woman in Parliaments use their opportunity to take shortcuts and ways to generate more power if possible! This is what has happen today in the Kenyan Parliament as they want to secure their power and their will to make laws with their approval and nobody else.

The initial act of the amendment is setting the precedence for the approval rating and the grander gesture of the Parliament as they will have deciding effect of the lawful assembly. Not anybody else, as the Parliament can act on their own and the chambers of the Parliament decide the laws and levy them.

Here is the original text from the 2010 Constitution:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution” (Constitution 2010 Kenya).

The Purpose:

“The Bill proposes to amend Article 2(6) of the Constitution in order to ensure that both Houses of Parliament are involved in the treaty and convention making process, so that all treaties and conventions would only become law after approval by both Houses of Parliament” (Constitution Amendment Bill 2015).

The Actual Amendment:

“Amendment of Article 2 of the Constitution: Article 2 of the Constitution is amended in clause (6) by inserting the words ―”after the approval of Parliament” at the end of the clause” (Constitution Amendment Bill 2015).

So after the vote in Parliament the Constitution will say something else, which gives certain powers to the people, the representative and so on; that is why the Constitution is set the standard of what country should have as a national level of law and justice. That is what a constitution does. So today there become a law into action made by the Representative, Members of Parliament decide to give themselves more power. As this simple added sentence into the constitution. As with the amendment will say this:

“(6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution after the approval of Parliament”.

So there you have it. What the Parliament wants to succeed doing in own powers and nobody else. They can approve laws without anybody else through Parliament. That gives the Members of Parliament the rights to carte blanche to approve the bills into law. So the Modus Operandi will be that the MPs can through approval get it ratified into law. That is really securing POWER of the MPs and nobody else, as the approval is given them power over the judiciary and the Parliament can therefore override the “experts” on laws as they can make it on their own behest. Seems like something CS Nkaissery who likes all the power in his hands. Though has not the imprint on this as the Committee that was set-up fixed this one and other change to the law; this is one added sentence, but the law entitled lots of more as the amendments is 65 pages long. So if you want to study the changes you should. Peace.  

Reference:

The General Suggestion for the Draft Constitution of Kenya (Amendment) Bill, 2015

The Constitution of Kenya 2010

Lukwago Statement: “Application to the Constitutional Court to impeach the Elected Leadership in Kampala” (26.04.2016)

Lukwago 26.04.2016

Press Statement by Lord Mayor Erias Lukwago:

Some KCCA leaders and I have today morning filed an application in the Constitutional Court, seeking to be accorded our inalienable right to be heard in the Mulindwa Muwonge petition, wherein he is challenging the legality of the elected leadership in Kampala. We can’t peg our rights and hope on a mere presidential directive to Mulindwa to withdraw the petition. I also sought for audience with Justice Kavuma as a follow up on the controversies surrounding the reopening of the Lord mayor’s parlour. The Registrar, Deo Nizeimana assured us that the matters are cause listed soon. We shall not waver on matters of justice and Rule of Law.

Opinion: Who is really the “Empty Suit”? Who might it be the Empty Suit in the Ministry of Health Care or KCCA? As the recent unfolded operations of maladministration in the public view… henceforth somebody who is just nodding to the Executive for the brown envelope.

The Wire Jimmy McNulty

McNULTY: “West Baltimore is dying and you empty suits are running around to pin some politician’s pelt to the wall. Thought you was real police, brother” (The Wire Season 2, Episode 13).

There is in this day and age lots of appointed government officials, they work supposed to be diligent and with honour of the codes of their work, not work directly for the ones that appointed them. That cannot always be easy as the station and the position would not been opened or given to the person if the appointee didn’t give that extended hand or blessing for the job. When you have that situation you need a strong state and strict regulatory regime that counter the possible backhand and kickbacks to the ones that appointed them.

Why do I discuss this at this point? Because it is a vital part of our government regimes and is a question that can be asked in nearly all parts of the globe. As all jobs in the branches of government does not automatically goes to the most educated, relied on or the one person who has the most integrity in the position. Instead the man or woman who gets appointed is an “empty suit”.

Krugman Boardroom

What some of them might do?

“What typically saves the empty suit is the tenuous relation between what he or she does and any actual business results. This may be a function of the job he’s in: a staff post, with lots of power to nix others’ initiatives but no responsibility to make or sell anything. Or a pocket of avoirdupois in a still-too-fat corporate bureaucracy, the kind of position that causes underlings to scratch their heads and wonder, ”Gee, do we really need all these vice presidents?” Or the empty suit may have come up through a system that rotates fast- trackers through a new job every 18 months, even though the effects of his tenure don’t become evident for two to three years. He hardly had time to get any grounding in the work his people do, and he may have royally screwed up the few decisions he was compelled to make, but when the chickens come home to roost, he has flown. If somebody has the bad taste to try to assign responsibility, the suit can easily fuzz the matter over by suggesting that the blame rests with his successor or former subordinates” (Kiechel, 1989).

There certainly similar like the ones described in our time in every department, every corporation and every single institution we know of. This might be the Electoral Commission of Uganda and the Independent Electoral and Boundaries Commission of Kenya. As much as the regulatory chairs of the banking industry of Kenya must feel like empty suits these days as the confidence at that is low-key as well. The Chase Bank, The Imperial Bank and National Bank of Kenya have fallen from grace. The most likely selling of the Barclays Bank African Group might also make the fragile banking sector into more disarray as the leading regulators seems like the extra board-members instead of people who uses their position and chair with care and uses the mandate to make a difference and even square.

Soroti Hospital April 2016

The situations are different when the appointed is not hired for their knowledge of their field, but the loyalty of the regime or government that is running in the country. The likes of Ministry of Health in Uganda for the moment where the hospitals are creaking and the machines are criss-crossing between life and death. Electricity and other cases of depleted. As the missing extra blood for surgery, the copy-medication and the loss of necessary equipment; that shows the lack of management and reasons for empty suits. The highest empty suit for the moment must be State Minister for Health Hon. Dr. Chris Baryomunsi who seems to be more concern with catching checks then doing his job at this point. This point comes with the correlation of Minster of Health Hon. Elioda Tumwesige and the State Minister for Primary Health Hon. Sarah Opendi Ochieng. One of the three must generate a valued pay-check and makes sure that the NMS delivers the Global Funded projects and the other government funded health care, but either Chris, Elioda or Sarah, one of them or more must be a hired “empty suit” as the three of them are put into ministerial position working for initially the same thing.

lukwago-musisi

It is just like the same mess with the KCCA where you have KCCA Executive Director of Jennifer Musisi. You have Frank Tumbewaze who is both Minister of the Presidency and Kampala Affairs. Then you have the third person who got a mandate the Presidential Advisor for Kampala affairs Mr. Singh Katongole what he does is surely only him and the Executive of Uganda who knows, since his appointment in December 2015 his silence must mean a envelope and letting Hon. Tumbewaze and Hon. Musisi does what they like. To make it more hectic you have the actual people’s elected through the ballot who supposed to run the Kampala Capital City Lord Mayor Erias Lukwago. So you have hon. Musisi, Hon. Tumbewazi, Hon. Katongole and Lord Mayor Lukwago. All of them are supposed to central people in the running of administration and regulate the divisions of Kampala politically and create policies that builds and secure the functions of KCCA. That must be hectic one of these men and woman must be a empty suit. Unless Hon. Katongole who I haven’t heard a word from since appointment is an ear-to-the ground and talking or addressing letters directly to the Executive or Head of State as his role has still not been served. As the accountability of the NRM-Regime is not strong they prefer keeping people in the dark.  Hon. Tumbewaze seems more to be the ones who was appointed to turn opposition Lord Mayor on his knees and therefore also gotten a permanent Executive Director in Musisi to shut down the elected person. But the end-game is that one of them must be an “Empty Suit” as the basic needs cannot be that big, and one of them is catching the brown envelopes without doing anything.

There are certainly more empty suits in the system as I started with the appointed men who is not educated for the position, but are there for the loyalty not because of the office is needed or there for a general purpose. That is the same as extra board-members in a corporation who is hired to vote for the general consensus in the board, but not to generate profits in some sense. They are there because the Corporation and LLC need useful idiots to be paid to follow the remarks of the stakeholders and shareholders, not the common-sense of their position.

Appointment of Nat. Gov. Spokesmen Kenya

We can all question the value of these leaders and honourable men-or-woman in a representative or appointed position by the President for instance. The level of credible men and woman and the need for expertise in the government organisations, into the department and the civic care from the road-development to the health care facilities need men and woman who knows the trade. As long the men does what is needed for the President or for the Stakeholders. The ones that lose are the ordinary person, employee or civil servants as they will either work under them or have to pay them tax-money to keep them. As they have to be paid an envelope to be the empty-dress. The person who is an empty dress doesn’t become that for free. Somebody has to be charge to keep him there. Most likely it is me or you. We can just ask ourselves. Who of the appointed leaders in government is an empty suit? Who in the corporate world are the extras?

Byandala

Lastly, why does the Minister Without Portfolio. Hon. Abraham Byandala gets away and is not questioned by the opposition or anybody else. Why is this man the free-man the invisible creature in the parliament that does not have scruples? This since this position is the epitome of a Empty Suit. He is a MINISTER, but does not have an OFFICE, Department or a MINISTRY to run. Hon. Byandala can do as he pleases and still get paid. You cannot check his ministry or running government portfolio as it is non-existence from the get-go. The Government Official without any oversight and anything to initial control or say in other words the official Minister of Nothing (MoN). Hon. Byandala is running the Ministry of Nothing. The Minister of Hot-Air and the checking the chapattis’ in parliament is fresh enough for Hon. Oulanyah’s taste.

Well, what do you think? Are the somebody you feels are an Empty suit? Somebody you question or wonder if really have anything more than pay-check from the Tax-Payers money, but does not use it’s office or even delivers anything. Then that person might be an empty suit who just nods the head to the Executive and the general leadership without exercising power or determine the future of the government institution, department or ministry. Even if the person is really doing anything in the boardroom or a needed voter for the stakeholders; if it is only the needed majority to follow procedure then the scheme need a check or reform.

River Okikolo FDC 13.01.2016

There will certainly be more stories and the existence of similar men and woman who can be described as “Empty Suits” and be stooges needed by any administration and corporations as they viciously need structure to control the citizens and the policies without questions from the inner-circle. Even if that means not procurement of needed medicines, fuel, transformers or building bridges to easier access the missing Okor Bridge in Kumi District: “This project was intended to connect Nyero and Mukongoro sub-counties in Kumi district” (MoFED, March 2015). A bridge that does not exist or is built by now so the sub-counties is not yet connect because of the altered situation and have to run long roads around the area than crossing straight over the river. So a project like this says there some empty suits as in 2009 as company was hired to build the river, by December 2012 the works by the river had stopped. Even if the departments to UNRA gave reports of progress of the project was last monitored in 2014 and by 2016 there not been done more to build the bridge since the monopoly of the Chinese Contractor have stifled the progression and in the end wasted government funds into a building a bridge who does not exist. Just like the Ministry of Nothing Hon. Byandala.

Think that is enough for today! Peace.

Reference:

Kiechel, Walter – ‘HOW TO SPOT AN EMPTY SUIT This breed of modern manager looks good and gets along splendidly with the brass. But is he contributing anything?’ (20.11.1989) link: http://archive.fortune.com/magazines/fortune/fortune_archive/1989/11/20/72761/index.htm

Ministry of Finance, Planning and Economic Development – ‘NATIONAL BUDGET FRAMEWORK PAPER FY 2015/16’ (March 2015).

Would you steal 791 million from the government? | Nairobi Vibe Ep. 5 (Youtube-Clip)

Recently Ann Waiguru and other prominent members of state have been accused of embezzling 791 million from the Kenyan government. it seems as though corruption has become a normal part of life in Kenya, is it normal? Would you steal 791 million KSH from the government without a problem? We went to KCA university to find out if they would steal 791 million from the government and we got some interesting answers, check it out” (Swafi TV, 2016).

Lukwago on Museveni-Councilors meet (Youtube-Clip)

http://www.youtube.com/watch?v=Ade11ajXOGY

“Lord Mayor Erias Lukwago speaks out on Museveni-Kampala Councilors meet at state house” (NBS TV Uganda, 2016).

Cash Money Records have a broken record when it comes to coughing-up the Cash Money to their artists/producers/sampled-artist… Sounds not like a record business, but instead very close to a racket from Birdman and Slim by now…

cash-money-billboard-cover-p

“[Birdman] doesn’t need any more money” (…)”I tease him about it. It’s not about the money for them. For them, it’s about success. It’s about proving, ‘Yes, we’ve done this, but guess what: not only can we maintain this, we can beat this” – Jay Sean in 2013 (Greenburg, 2013).

The Birdman aka Baby aka Bryan Willams, the entrepreneur of Cash Money Records which have made genuine deals with Universal Media Group (UMG). The Company he have run and with the deals done with Lil Wayne’s aka Dwayne Michael Carter’s Young Money which is a business branch of the Cash Money. So there been a long rate of artists under these recording companies and businesses that have had issues with Cash Money. As the men and woman who have had contracts in the company been far from straight. Even if the contracts have been straight, the practice of following up on the contracted payments have been shallow or little to be gentle. All of the recents issues between Cash Money Records and both former Artists and Producers says itself. Right?

There been surrounded of controversy with back-payments, royalties and contracts disputes that been frequent from the record label that Birdman have been running. It’s not like the world haven’t discussed that matter of fact and that are bases into the alleged laundering of money from the artist to the grand wealth of the label head. As there are from time to time new allegations and new artists either trying to get a settlement or be released from Cash Money rooster.

hot-boys The Source Cover

So the way the business been driven have been in a way it seems that the head is getting wealth while starving the artists and trying to hide the fact. The reason why it is touchy for Birdman is that the gig is up and he can’t hide the fact. As nearly all of the original “Hot Boyz” have left the fold. Juvenile went and came back. B.G. is independent and was for a hot-minute on Atlantic before the current jail-time. Turk have left the fold. The main producer Mannie Fresh left the fold to after reaching a settlement. The only original artist left at Cash Money is Lil Wayne who also “runs” the Young Money Recording Company under Cash Money. So an artist who signs to Young Money will split the money through the UMG/Cash Money and then Young Money. So there are lots of label heads who earns capital on the produced music from Young Money before the initial artist get their check. In midst of this, there is also the reluctant accountability from the central leadership of Cash Money. As the information from Birdman and others are nearly non-existence and that breach of public trust shows the reason for why the Breakfast Club and their radio hosts can question the companies approach and the dealings of Birdman. As I will some former issues between Birdman and his artists. As there been a few over the years; and it does not stop and can’t stop Birdman he is a Bad Boy for life. Pardon the pun, but couldn’t help myself!

Juvenile Slow Motion

Just like Juvenile of the original crew who have gone back and forth have done this:

In 2004: “I am thrilled that we were able to bring Juvenile and UTP into the Atlantic fold” (…)”Atlantic Records Group Co-Chairman/COO Craig Kallman told AllHipHop.com in a statement. “Juvenile is the real deal – an uncompromising artist of phenomenal talent who has only scratched the surface of his creative potential. A pioneer in the fertile southern Hip-Hop movement, Juvenile put New Orleans on the national rap map. Now, with these companion deals, we not only welcome Juvenile to Atlantic, but we have the great bonus of bringing his whole crew on board through his own UTP label. Juvenile has long been a signature artist in the Hip-Hop community, and he now becomes the latest high-profile artist to join Atlantic’s rapidly burgeoning urban roster.”(AllHiphop, 2004). In 2012:“I am truly excited to say that it’s a new day. There are a lot of old interviews out there that can reflect old negativity. Luckily, in recent months, circumstances brought me and Cash Money back together and I was able to re-unite with members of my original crew,” Juvenile says in a recent statement” (…)”That’s why we all have decided to leave negativity in the past. I am truly looking forward to the future and to my future work with Baby, Lil Wayne , YMCMB and Cash Money. “Picture Perfect” is the beginning and we have a lot more to come. Get ready!” (Platon, 2012).

He has gone so much back and forth between the Cash Money and spoken so madly about the practices that its weird that he has returned again. As the Cash Money records can pawn him when needed. This because he doesn’t have the traction or the play that he used to. When was the last relevant track from Juvenile we’re “Slow Motion” featuring Soulja Slim in 2004? It’s a decade ago and by now his bad deals and settlements with Cash Money does not give the returns he wished by the former results and sales in the starting stages of the Cash Money Records. Juvenile and Lil Wayne are the ones from the original crew that is left there. So that says a lot. Will go through bunch of court decisions and shows the level of foul play from the management towards their own Recording Artist, Producers and Sampling Artists. That shows the tracks and the road that the Cash Money Records do. If they didn’t then they wouldn’t get into all these court cases to fix the money issue between fellow artists and other needed personnel for their success. Take a look! 

15_Rules_MF

Mannie Fresh Settlement:

“Producer Mannie Fresh and Cash Money Records have reached an out of court settlement. A representative for Universal Records, Cash Money’s distributor, said, “Cash Money Records has reached an amicable agreement with former in-house producer Mannie Fresh. Per the agreement, neither party can discuss the terms.” Fresh, who provided the musical backdrop for a large percentage of Cash Money Records’ hits, left the label last year over a financial dispute” (Artisan News Service, 2006).

As you see even in 2005 the in-house producer and the one who has produced most of the first hits of the Recording Company needed to come to settlement before release as the shady dealings are evident. Especially since the Recording Company and Former Artist have undisclosed the agreement and cannot discuss the terms of the settlement. The grey dealings like this are why people have lots of questions to Birdman and the Cash Money Records for their deals with their employees or their artists. In a sense that is reasonable!

Jay Sean

Jay Sean leaves and settles with Cash Money on royalties’ dispute:

OFM: I’ve always had a good relationship with Slim and Baby. Slim always liked that we always gave them high energy records. I called Slim and told him how we had this kid that we was working with, he just sold 150 thousand units worldwide, 20 million views on his lead single. At the time, I had taken Jay to all the major labels, Def Jam, Epic, Columbia, Capitol, they all turned him down. I figured, who else would understand an underdog like Slim and Baby. So took him to Slim and Baby and they loved him. Next thing you know, they flew him down to Miami and the rest is history” (Jeremiah, 2012). He leaves Cash Money and said this in an interview: “It wasn’t! It wasn’t a decision at all – it was something I had to do. All of those kind of decisions I’ve made in my life have never been daunting. Walking away from medicine, walking away from Virgin records, moving to America, walking away from Cash Money – I don’t really over think these things. I firmly believe that everything is written. That’s how I look at things in life, so when something is going to happen it will happen, and that’s why I don’t really fear anything anymore. When I feel something in my gut and something tells me to get out I don’t even think about it” (Combo-Kainth, 2014).  Later this happen: “Hip-hop mogul Bryan ‘Birdman’ Williams has been ordered to pay $1.1 million (£785,000) to the producers behind a string of songs recorded by his former artist Jay Sean” (…)”The case went to court this week (begs22Feb16) and a judge has since ruled in Orange Factory Music bosses’ favour, awarding them compensation for producing songs including Down, Do You Remember, Fire, and Lights Off” (WENN, 2016).

When Jay Sean the RnB singer and Recording Artist together with Orange Factory Music had to get the Cash Money Records to cough up royalties proves how the company is structured and how the demean the artist. To such a level that the artist themselves says straight away in the interview that there we’re no choice, but to leave. That must be hurting for Birdman, that is his company and the former employee saying it was no choice and decisions, but to leave the company. So the company also get ordered to back-pay both Jay Sean and the producers of hits that made profits for Cash Money in 2008 and 2009 proves the ability of stifling the ones that creates wealth. As the hits and profits on Jay Sean happen years ago and the court judgement happen in 2016. So the money have been stalled and the promised through agreements between the artist, the producers and the Cash Money have not been straight!

jasprincedrakemain

JAS Prince Sues Drake Management/Young Money:

“Drake into entering an exclusive recording agreement and an exclusive management agreement (hereinafter “the agreement”) with the two of them and Defendant Bryant was to use his influence to compel Lil Wayne to sign and promote Drake to and through Lil Wayne’s record company YME, once Drake had signed the agreements. They also agreed to develop and exploit Drake’s entertainment services together and split profits therefrom accordingly. Furthermore, in defense and acknowledgement to Plaintiff Jas Prince father, James Prince Sr’s long-standing relationship with CMR, the distributor of YME, it was agreed that plaintiff Jas Prince and James Prince Sr. would consult with them and take the lead on their business dealings with YME and CMR” (…)”Upon learning about these events, in or around July 2009, it became immediately apparent that Defendant Bryant had no intention of honoring his agreement with Plaintiffs, but instead intended to oust Plaintiffs from the Drake business” (…)”Despite numerous verbal promises and Defendants express promises in the Settlement Agreement to use their “best efforts” to do so, Defendants have refused to execute the letter of direction that would allow Plaintiffs to be paid and accounted directly from YME/CMR” (…)”To date, Defendants have failed to pay Plaintiffs their share of the Profits in accordance with the Settlement Agreement” (McMilian, 2012).

As we can see here is more shady dealings between Young Money and its management that also is close connected to Lil Wayne. So the Cash Money Records dealings are shown to disrespect the long-term relationship between J. Prince and the Houston, Texas music recording family that had an Management Contract with Drake before he was entering an agreement with Young Money/Cash Money Records. Therefore stifling Jas Prince and his management company seems to be the business-model of Cash Money as they are third partner who does not get what the agreed fees between the companies. Therefore the suit from Jas as he wanted his cut as the agreement from Drake was viable and agreed on before going into the Young Money Entertainment.

Lil Wayne Mirror

Soundkillers LLC sues Cash Money in 2014:

“On and around August 26, 2011, Plaintiff entered into and executed a written agreement (the “Producers Agreement”) with Defendant Young Money to furnish Mr. Owen’s Production Services to Defendant Young Money on a non-exclusive basis in connection with producing one master sound recording title “Mirror” (the “Master Recording”), embodying the performance in Young Money’s recording artist Dwayne Carter professionally known as “Lil Wayne” (…)”In fact, in August 2011, Defendants released the “Carter IV” album (the “Album”) embodying the Master Recording, which was produced by Plaintiff for Defendants under the terms of the Producer Agreement” (…)”In short, Defendants owe Plaintiff significant sums of money stemming from the Producer Agreement and Master Recording” (…)”Despite demand, Defendants have failed and/or refused to pay Plaintiff the Plaintiff’s share of the royalties stemming from the exploitation of the Master Recording and the underlying composition thereof” (Judge Freeman, 2014).

As you can see even a producer have not gotten the accounted royalties that stemmed from a successful recording sold through the Cash Money/Young Money/Universal Company as it was a single on the highly profitable Album Carter IV; and surely was after the agreement deemed for royalties that was entitled in the pre-made contract. Another proof of how Birdman is stifling the ones making him money. As even a not-well-known producer have to sue him and the companies that are run by him to get the royalties for his work and his production to the credited song from the successful album.

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Turk sues Cash Money in 2015:

“Plaintiff has not been paid any artist royalties and music publishing royalties, leaving substantial amounts due and owing by Defendants in accordance with the terms and conditions of the foregoing agreements. No accountings of artist royalties or music publishing royalties have ever been rendered by Defendants to Plaintiff” (…)”his Court has subject matter jurisdiction under 28 U.S.C. § 1332 because Virgil and Defendants reside in different states and the amount in controversy in this action, exclusive of interest and costs, exceeds the sum or value of $75,000.00” (…)”Upon information and belief, under the terms of the Exclusive Artist Recording Agreements, Cash Money agreed to pay to Plaintiff (a) artist advances, (b) artist royalties, (c)  publishing advances, and (d) music publishing royalties, all pursuant to the terms and conditions contained in the Exclusive Artist Recording Agreements” (…)”Upon information and belief, Defendants have received millions of dollars in advances and revenues from UMG, and other third party licensees, from the sound recordings and musical compositions created in whole or in part by Plaintiff” (…)”Plaintiff is entitled to an accounting from Defendants to ascertain the damages suffered by Plaintiff resulting from Defendants’ breach of their fiduciary obligations, and to determine the amounts owed to Plaintiff in advances, artist royalties and music publishing royalties from the sale and licensing of albums, the master recordings embodied upon the albums, and the musical compositions embodied upon the master recordings contained on the albums and singles, inclusive of all digital download and ringtone sales, released or otherwise exploited by Defendants” (…)”Defendants have thereby breached the Exclusive Artist Recording Agreements causing damage to Plaintiff in an amount to be determined at trial, not less than $1,300,000.00” (Patrick E. Costello, 2015).

Here is one of the first Markie artist that established the Cash Money Records, one of them that was vital for the existence of the Cash Money records that Birdman holds so dear and is his “creation” and his business. Certainly without the Hot Boyz and their success the money train would not have come. But when Turk as a significant artist on the label comes with this sue and court order towards the Cash Money Records and Birdman it shows how the riches have been spoilt. Instead of paying Turk for his music, his composure and his parts of being a member in the Hot Boyz; instead the management and company spend the money away. That shows that ability of shady business agreements that the company has. As we could see with Mannie Fresh’s the in-house producer, and now Turk gone through the same thing and had to sue to get their royalties and their deserved compensation for their work.

HYFR-Hell-Ya-Fucking-Right-Explicit-19

Not paying for sampling for single of Drake under Cash Money/Young Money:

“On October 20, 2011, DMG Clearances, Inc., a music clearance and licensing company, on behalf of Defendants, entered into written sample clearance agreements with recording artist Cedric Hill (the Sample Agreements ) whereby Mr. Hill agreed to license his interests in recordings that he owned entitled “Swanging and Banging”and “Sailing Da South” (collectively, the Sampled Recordings ) for inclusion in the new sound recordings entitled “Over My Dead Body” and “H.Y.F.R. (Hell Yeah Fucking Right)” (collectively, the New Recordings ) that were originally recorded and performed by the recording artist Aubrey “Drake” Graham professionally known as Drake ( Artist )” (…)”The Sampled Recordings licensed by Mr. Hill were used directly or indirectly by the Defendants and their affiliates in the creation of the New Recordings, which were thereafter exploited and sold by Defendants when in November 2011, Defendants Young Money and Cash Money, Republic Records a/k/a Universal Republic, and Universal Records a division of UMG Recordings Inc, commercially released artist’s “Take Care” album (the “Album”); embodying the New Recordings containing samples of the Sampled Recording” (…)”Defendant Cash Money expressly agreed to remunerate Mr. Hill with a two and a half percent (2.5%) royalty “price per dealers”(pro-rated by the numbers of tracks on particular configuration) on exploitations of the New Recordings in physical products, digital downloads and ringtones in all media or configurations now known or hereinafter devised, which applies on both audio and audio visual use of the New Recordings (the “Second Royalty”)” (…)”Pursuant to the Assignment Agreement Mr. Hill granted to Plaintiff the sole and exclusive right, throughout the Territory, to collect all monies earned with respect to the First Royalty and Second Royalty, and all monies that Mr. Hill is eligible to receive and under the terms of the Sample Agreement” (…)”As result of failing to respond  to the Cure Notice, Defendant Cash Money was in material breach of the Sample Agreements under the terms of the same. Counsel for Plaintiff sent counsel for Defendant Cash Money confirmation of the material breach on November 13, 2013 (the “Confirmation of Material Breach,” Exhibit D hereto)” (MFMnG, 2015).

Here is another recent story of a single used to gain sales for Cash Money and the usage of another man’s property under agreement with the management of another artist. This was to salvage most as possible from Cash Money who has already made profits by using the sampling of another artists songs onto a single for Album of Drake. This proof how shady the agreements are as they don’t even pay-up for services to sample tracks from other artist to make their own songs. That is belittling and proves the detailed practices of Cash Money.

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Lil Wayne sues Cash Money in 2015:

“Demand $ 51,000,000” (…)”On or about February 20, 2003, Carter and Cash Money entered into a self-styled “Memorandum of Agreement” (the “2003 Label Agreement) for the creation of Young Money Label joint venture for the common purpose of the manufacture, distribution, promotion and exploitation of recordings containing the performances of new recordings artists who would be signed by the Young Money Label following approval by Carter and Cash Money, the sole owner of the joint venture” (…)”Beginning at latest in 2013, Cash Money failed to provide proper monthly accounting to Carter and/or Young Money LLC and failed to make timely accounting and/or payments of net profits due  to Carter and/or Young Money LLC pursuant the 2003 Label Agreement, as amended. In addition, Cash Money failed to make required overhead payments of Two Hundred Thousand ($200,000.00) per calendar quarter to the Young Money and also failed to maintain to escrow account funded with one million dollar ($1,000,000.00) for overhead payment for the Young Money Label” (…)”With regard to the 2009 Drake Letter Agreement, Cash Money, since at latest early 2012, has failed to account to Young Money LLC on a monthly basis and has failed to pay Young Money LLC its share of net receipts with regard to solo recording of Drake released by the Young Money Label. Cash Money have failed to provide a single accounting in respect of the exploitation of the Drake recordings, despite Drake being one of the bestselling recording artists in the recent years” (…)”Cash Money also failed to properly register the copyright in the Young Money Label recordings as jointly owned by Cash Money and Carter/Young Money LLC. Cash Money refused to accept artist’s submitted by Carter to join the Young Money Label. Cash Money failed to account and pay monies due to various third parties involved with recording artists signed to the Young Money Label. Such failures have resulted in legal actions against the Young Money Label and/or Plaintiff and additional financial losses for plaintiff” (…)”Despite being obligated to do so, as of the date of this complaint, Cash Money has not registered Carter as co-owner of the sound recordings contained in the album entitled “I Am Not A Human Being II”, which was delivered for the fourth option period. Upon information and belief, in breach of the 2008 amendment, Cash Money registered the copyright in such sound recordings solely in the name of Cash Money” (Michael B. Kramer & Associates, 2015).

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Cash Money versus WIMP/TIDAL:

“Defendants have been, and are continuing to, feature and promote Carter’s recordings throughout the world via Defendants’ fledgling digital streaming music service known as “Tidal,” all in brazen defiance of CMR’s exclusive rights under the exclusive recording agreement” (…)”Defendants have induced Carter to breach CMR’s exclusive recording agreement, by, among other things, purporting to acquire CMR’s exclusive rights to exploit sound recordings performed and recorded by Carter. CMR has paid Carter tens of millions of dollars pursuant to the terms of its Recording Agreement with Carter and, accordingly, CMR has a substantial investment and interest in the manner in which Carter Recordings are exploited” (…)”Specifically, beginning on or about July 3, 2015, Tidal began streaming Carter’s FWA  album which includes sixteen Carter Recordings (the “Unauthorized Recordings”)” (…)”Defendants have touted their “exclusive” release of the FWA album. The image below shows Tidal’s webpage on or about July 9, 2015” (…)”As a result of Defendants’ improper conduct, CMR has suffered significant damages, including but not limited to lost revenues and loss of control over the content of its artist, Carter, and the resulting diminution in value of Carter’s work” (Alan R. Friedman, 2015).

There been talking settlements on both Lil Wayne cases both with Tidal and between Cash Money Records and the Young Money Artist, and label head. But the time will tell if the companies combined does themselves well, as the open friction have occurred not only in the court-room and in suits against each other. That is the reason for the “Free Wayne Album” at Tidal and the mess it made for Birdman and Cash Money. As this proved the ability for Lil Wayne to counter the management and leadership of his CEO Bryant Williams as proven in the inaction of releasing a album from him.

The determination and the digression and the attitude to the coming cases upon case coming with the demeanor of suits from producers, artists, sampling and fellow builders of the company as Mannie Fresh and Turk. Says a lot of the model of unpaid for services rendered the Cash Money Records and their Label Young Money Entertainment. As the Copyright issues, misuse of sampling or even not paying of royalties set the figures and gives us questions to the savvy business practice of the Recording Company and their use of employees or giving the fixed fees as set in the contracts. Since they don’t do that; that in away set precedence for how Birdman aka Baby aka Bryan Williams shady dealing and stifling the artist, the producers and the ones they sample music from even. That is not business, but nearly a racket. A conspiracy to contractual deceive and steal other people’s work for own gain. While selling the stolen property for own monetary gain for Williams and Cash Money and not the ones initially producing or having the copyrights to the music that Cash Money/Young Money/ Universal is selling. That is exploitation and not honoring the fellow signed members of either parts of the business, but taking their work and thieving. Therefore having to go to court to get what is yours instead of being paid for service rendered. That would be proper way, like ordinary men and woman get paid for working hours, the sales and distribution of the music from Cash Money should give royalties and payments that was offered in their initial contracts and not the ones that saves the Cash Money Record Company in their settlements.

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Birdman can muffle an interview at the Breakfast Club in New York, but the systematic practice towards own musicians and producers cannot be forgiven. The reason for fellow men and woman who have worked and made massive profits for Birdman should get their returns and ends. As Birdman tries the Ruthless Records, the Death Row and the other back-ways to paying their “ends” to the artist while flying high on the profits and hoping that the artist doesn’t understand the thieving from CEO and Bosses of Cash Money Records; that is what it is as the systematic taking away from royalties and contractual payment. It think that is enough for today. Peace.

Reference:

AllHipHop – ‘Juve Leaves Cash Money… Again’ (13.07.2004) link: http://www.rapbasement.com/juvenile/juve-leaves-cash-money-again.html

Artisan News Service – ‘MANNIE FRESH SETTLES WITH CASH MONEY RECORDS’ (16.06.2006) link: http://www.artisannews.com/mannie-fresh-settles-with-cash-money-records/

Platon, Adelle – ‘Juvenile Releases Statement About His Future With Cash Money/YMCMB’ (06.11.2012) link: http://www.vibe.com/2012/11/juvenile-releases-statement-about-his-future-cash-moneyymcmb/

Cash Money Records V. Aspiro AB, WIMP Music AS and WIMP INC (16.07.2015) – Alan R. Friedman

Combo-Kainith, Reena – ‘EXCLUSIVE!! JAY SEAN INTERVIEW’ (22.11.2014) link: http://www.ikonzmag.co.uk/exclusive-jay-seans-interview/

Greenburg, Zack O’Malley – ‘The Cash Money Way: Drake, Jay Sean And Birdman Explain’ (27.03.2013) link: http://www.forbes.com/sites/zackomalleygreenburg/2013/03/27/the-cash-money-way-drake-jay-sean-and-birdman-explain/#65d47f7a3a57

James (JAS) Prince and Young Empire Music Group LLC V. Aspire Music Group LLC, Cortez Bryant, Laurent Management LLC, Three Kings LLC, Gerald Roberson and Derrick Lawerence  – James E. McMilan (Attorney) –  (23.07.2012)

Jeremiah – ‘Behind the music: Orange Factory Music speaks on Jay Sean, Cash Money, licensing and more.’ (29.06.2012) link: http://istandardproducers.com/behind-the-music-orange-factory-music-speaks-on-jay-sean-cash-money-licensing-and-more/

Lil Wayne V. Cash Money – 28.01.2015, New York – Michael B. Kramer & Associates

MFMnG Production LLC V. Young Money Entertainment (15.03.2015) – New York

Soundkiller V. Cash Money – 30.09.2014, Manhatten, New York – Magistrate Judge Freeman

Tab Vigril Jr. aka “Turk” V. Cash Money Records (05.02.2015) – Patrick E. Costello

WENN – ‘Judge Orders Cash Money Bosses To Pay Up In Jay Sean Royalties Dispute’ (24.02.2016),  Link: http://www.contactmusic.com/jay-sean/news/judge-orders-cash-money-bosses-to-pay-up-in-jay-sean-royalties-dispute_5147855#zzfv55ftAm1dh0Gl.99

Why are the leaders of our time so hooked-on Power? And some theories for why they don’t leave the Executive Power to somebody else..

Mugabe Military

We are living in a day and age where leader’s doesn’t leave from their office. You have likes of Teodoro Obiang Nguema Mbasongo who is making himself ready for another election in his country this year and he has been in power since 1979. You have the likes of President Paul Biya of Cameroon who has been the President since 1982 and was in government since 1970s. In Zimbabwe the President of the day President Robert Gabriel Mugabe has been the Commander in Chief.  And the list goes on.

Kagame Nkurunziza 2011

We have the third term phenomenon of President Pierre Nkurunziza of Burundi, President Paul Kagame of Rwanda both of them have changed the laws or used Courts to allow them to stay in power. So the leadership roles are sufficient to stay. You have the likes of President Yoweri Kaguta Museveni who has been in charge since 1986 and stayed ever since, changed laws again and again to linger in power and is rumored to fix the age limit to stay passed his 7th Term.

Mittrand Rwanda President

So with this in mind, I will discuss it today. It is not a new phenomenon or a new change of guards. There are always leaders who linger and overstay their time in power. As President Juvénal Habyarimana of Rwanda took power with a coup d’état in 1973 and was in power until his plane got shot down in 1994. Just like the overthrow of first President Patrice Lumumba of Democratic Republic of Congo in 1965, who by foreign powers supposed to install Mobutu Seko Seko Kuku Ngebendu Wa Za Banga who was born Joseph-Desire Mobutu who was the President of DRC from 1965 until 1997. So there are leaders of the past who has not left office and is now long gone.

The issue with this is the way we build society around people instead of institutions and government structures. The Structures of government is kept weak and is not strong with procedure and predicated work for the civil service. That is why the leaders can linger and the way they keep it is fueling resources away from the government structures and institutions, keeping the progress weak and keeping the circle around them tight knit. Instead of having inner-circles with wits, knowledge and people who wants to succeed in their field; the leaders around the president is instead hungry men and woman who works for more and better civil service for the citizens.

US Dollar Campaign

That is because the leaders who circle all of government around themselves are not interested in great policies or deliver the promised pledges to the communities since then they have to give away power. When a leader tries to strengthen the power all around themselves then the necessary leadership is not about the government, but about the person who rules. The ruler set the standard ,not the laws of the state or the laws of the Parliament. As the Executive can fix the Supreme Court, Constitutional Court, can rig the Constitution and make draconian laws that issues more help for the Executive; instead of the Constitution and the Parliament representing the citizens and for the citizens it becomes for the Executive.

That is why the Executive or the Ruler, the President doesn’t want to leave power since the whole state is built around the one person. The One Person who has in his image or her image built the government around themselves. And when they have it all for themselves they don’t have to fight for anything else then themselves. That is what matters, if he schools is depleting, health care is non-functioning, roads have bigger potholes then the ones on the moon, the government loans are worse than the subprime-mortgage and so on. That doesn’t matter because the situations doesn’t hit the Executive, because the government funds goes directly to him instead of the ministries, departments and sections of government than really-really need it!

Zim 2008

The Power that starts with personal movement of fights and liberation, the ones that are personalized towards the one man who saved them all and then doesn’t leave is that the EGO and used to be center of attention. To have the voice of being right, so they can’t do things wrong in their own mind as they risk to lose their wealth and strength if they are out of office.

Barre Somalia

Some of these leaders have lived on the strength of the loyalty to foreign powers as they need their alliance in a region to secure peace in the neighbor country or during the cold war as the Americans did whatever they could to control the world and not lose nations to the Soviet communism. Therefore they fall of Said Barre of Somalia and the struggles of the Ethiopian Dirg of the 1970s. As the Cold War complex policies dissolved and built governments with influence of American and Russian strengths of the time. Take the example of President Mengistu Hailemariam who kept the Power from 1974 – 1991 with the Soviet influx and the Communist agenda that made the result of Somalia invasion with support of the Americans in 1977. So he himself had taken power in 1969 in Somalia the army fueled government of Said Barre as his power-play internally to keep the power together with the back and forth from the leadership at the time led to his fall, as he also had long-term squabble with Ogaden and Ethiopian neighbor after the tried invasion there. This the fall after 20 years might be because he circulated all power amongst himself and not in the powers of structures and department to delegate the powers.

That is the problem with the leaders who get fueled with power. They circulate all power and decisions are under the Executive. So with this in mind instead of building institutions and government structures, they build the armies and police force to enforce the Power of the Executive, not only to enforce national security, but to secure the Power of the Executive. Therefore the first to get payment are the armies and police officers before the teachers and other civil servants.

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The Rulers and the Executives keeps the ignorant yes-men around them to secure that they don’t get to opportunist or wanting to get the Executive position. Therefore they elite around the Ruler get lots of perks, tax-exemptions, cars, housing and servants while the rest of the country can’t afford that. Unless it is foreign investors in businesses owned by the Party Elite or the Government elite that belongs to the inner-circle of the Executive; as the license and openings happens on the watch of the Executive and the Power not the legal justice system or the society binding corporate bondage towards the procedures of setting up business in the country. So the way the Executive get drunk on power is set on the fact that they having everything at nearly no cost.

The Presidents who are drunk on Power have centralized all powers around them and not the government structures and the decrees and the policies are made to keep them in power; not to build a grand state who offers their citizens what they need. Therefore the laws becomes for the MPs and the Elite that fuel the money and Power towards the President, then the President delivering to the People.

The remains of Mobutu's Palce
The remains of Mobutu’s Palce

So with the Inner-circle finding ways to support the President instead of serving the citizens as a government is supposed to do. Why are the Executive and rules high-on-power you asked?

That is because all of the Power, all of the resources and all of the goodwill of the nation is determined by the Executive. As the Power is resumed and determined by the Executive there is hard to leave that, as the knowledge of the system given to coming new leader can take away what the Executive already have built around itself. Therefore the security of having the power instead of giving it the next; that is why the lingering Executives and Presidents are like alcoholics!

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Let me explain why the similarities are there. An Alcoholic has the hunger and need for another drink and beer. They do whatever they can to get another drink and beer, at all means and steal if they have to get that fizz. So the Alcoholic is so used to the alcohol that the feel of it weaken and needs much of it to feel it. The Alcoholic just need another brew and another brew. And never stops taking in the alcohol. In the beginning the alcoholic never think that they would end being so, and the same with power-hungry individual. It just became a habit. The alcoholic needs the alcohol, just as the Executive is drunk on power and needs some more drinks. The Executive gotten so used to and the habit of getting their will and generating the funds out of the governmental funds; so if they don’t get more the donor-funds or the Bretton-Woods Loans to their nations then they feel something is missing. They need the spotlight to be the king of the nation and the supreme ruler.

So the drunkenness and needed attention, the needed judgement and decision rate from the Executive that lingers in powers while they build the government system around themselves and weakens the people around them. So they are more needed and so that ambition gets squirrelled around them. There can only be one vision, one leader and one nation under God. That is the usual factor and the events that unfold as the dissidents and opposition get harsh treatment without any cost spared. Something that happens because they crossed the territory of the Executive and the rules of set-up by the President and the predicated actions are seen as violations of laws and constitution; that apparently been rigged in favor of current leader. Therefore another bottle of beer for the President as the sufficient drunkenness of power is staggering. Suddenly change would be hard and taken with haste. Because the drunken leaders will with force and madness go all-inn if they all of sudden loose it, they will be become bush-warriors or stealing elections to continue their Presidency. As we have seen through 2015 and 2016 that is how far these leaders goes to get the shot of power and not stop drinking from the fountain of government power. Peace.  

Vincent Makori talks with Mwenda Njoka about the Kenya China Taiwan deportations (Youtube-Clip)

“Taipei is accusing Beijing of abducting 45 Taiwanese nationals from Kenya, a move analysts say may be aimed at making the soon-to-be ruling party in Taiwan start a friendly dialogue with mainland China rather than veering toward stronger self-rule, which goes against Beijing’s wishes. The deportations that Taiwan’s government describes as an abduction of its citizens that was coordinated by China and Kenya follows other moves that analysts call pressure tactics against Taiwan since the island’s January 16 presidential election.Vincent Makori speaks with Mwenda Njoka, Spokesman, Kenya’s Ministry of Interior” (TV2 Africa, 2016).

Press Release – Burundi: Government Investigations Ignore State Abuses (13.04.2016)

policiers-burundi

Independent International Inquiry Needed

NEW YORK, United States of America, April 13, 2016 –  The findings of a Burundian commission of inquiry into allegations of extrajudicial executions by members of the security forces on December 11, 2015, in the capital, Bujumbura, are misleading and biased, Human Rights Watch said today. This is one of several official inquiries that have failed to properly investigate security force abuses or hold those responsible to account.
The inquiry focused on reports of abuses during the most deadly operation by the Burundian security forces since the country’s crisis began in April. Human Rights Watch found that police and military shot dead scores of people in Nyakabiga and Musaga neighborhoods, apparently in retaliation for opposition attacks on four military installations, and for heavy shooting at security forces by gunmen in these neighborhoods.

“This is the latest in a series of commissions of inquiry in Burundi that has ignored widespread abuses by the security forces,” said Daniel Bekele, Africa director at Human Rights Watch. “These inquiries have covered up state abuses and have not led to justice.”

The Prosecutor General, Valentin Bagorikunda, set up an inquiry into the December 11 events on December 17, 2015. Summarizing the inquiry’s main conclusions on March 10, 2016, he did not mention killings or abuses of Bujumbura residents by the security forces. He claimed that those killed on December 11 were armed “combatants” wearing police or military uniforms.

Since 2010, there have been at least seven commissions of inquiry into allegations of killings and other abuses. Most of them have denied or downplayed serious abuses by state agents.

Human Rights Watch documented the killings of December 11 in detail and found no indications that the victims had participated in the attacks on the military installations. Some victims were found lying side by side, face down, and appeared to have been shot in the back or the head. Others survived with serious injuries. The security forces also carried out large-scale arbitrary arrests in both neighborhoods.

In March, two United Nations special rapporteurs and one from the African Commission on Human and Peoples’ Rights visited Burundi to investigate human rights abuses at the request of the UN Human Rights Council. They plan to return in June and send a small team of human rights monitors to be based in the country.

Presenting their interim report to the Human Rights Council on March 22, Christof Heyns, UN special rapporteur on extrajudicial, summary, or arbitrary executions, said: “The overt violence of last year seems to have subsided. At the same time covert violence, for example, in the form of disappearances, seems to have increased… There are some in [the Burundian] government who seem to be open to change. Others, however, are in denial anything is wrong.”

Given the Burundian justice system’s inability or unwillingness to conduct credible and thorough investigations, an independent, international commission of inquiry is needed to establish the truth about the grave abuses in Burundi in the past year and support the efforts of the special rapporteurs, Human Rights Watch said.

An international commission with expertise in criminal and forensic investigations would conduct in-depth inquiries with a view to establishing individual responsibility for the most serious crimes. It would probe deeper into these crimes, complementing the work of UN and African Union human rights observers in Burundi as well as the Human Rights Council’s initiatives.

Burundian government officials have repeatedly claimed there is peace and security throughout the country, despite the fact that several hundred people have been killed over the past year and many others arbitrarily arrested, tortured or disappeared. The minister of human rights, social affairs and gender, Martin Nivyabandi, told the Human Rights Council in Geneva on March 22 that, “the situation is normalizing” and that, “Burundi today couldn’t be a land where impunity reigns.”

“Contrary to the minister’s statement, impunity has been at the heart of Burundi’s political system for years and is one of the principal causes of the current human rights crisis,” Bekele said.

Serious new abuses were reported throughout March and early April. Scores of people have been arrested and others taken away to unknown destinations by the police or intelligence services. Ruling party officials, police, and members of the ruling party youth league known as Imbonerakure arrested at least 16 members of the opposition party National Liberation Forces (FNL) at a bar in Kirundo province on March 12. The police spokesman, Pierre Nkurikiye, claimed they were conducting a political meeting without authorization.

Armed opposition groups have also been responsible for abuses. Unidentified men killed two ruling party officials in Bururi and Makamba provinces on March 15.

Since early 2016, the intelligence services have intensified surveillance of human rights activists, journalists, and other perceived critics, making it even more difficult to document and expose abuses and putting the few activists who remain at even greater risk.

Tensions were heightened on March 22, after an unidentified gunman shot dead Lt. Col. Darius Ikurakure, a military commander reportedly involved in many abuses, at the army headquarters in Bujumbura. Later that day, residents of Bujumbura reported that security forces arrested several people. That night, another military officer, Major Didier Muhimpundu, was killed in Bujumbura. An opposition group, the Republican Forces of Burundi (Forces républicaines du Burundi, FOREBU), later claimed responsibility for Ikurakure’s death.

“The government’s claims that Burundi is calm and that security is improving aren’t true,” Bekele said. “The recent killing of the military officials has heightened tensions, and many people are being arrested or simply go missing.”

Police on Besigye (Youtube-Clip)

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

“Former presidential candidate Dr. Kiiza Besigye has ignored the sermons that were issued by the magistrates court to answer to charges of holding unlawful processions, disobeying police orders. Police spokesperson Fred enanga has now warned that the police will use its ion fist to force Besigye to court” (NBS TV Uganda, 2016).