Posts tagged as: court

Kenya, Tanzania Launch Aerial Count of Elephants and Buffaloes

Wildlife stakeholders on Tuesday launched a 14-day aerial count of elephants and buffaloes in the Serengeti-Maasai Mara ecosystem.

The count, conducted by the Kenya Wildlife Service (KWS), Tanzania Wildlife Research Institute, Narok County Government and World Wildlife Fund for Nature (WWF) is aimed at generating data to improve efforts to protect elephants and buffaloes amid multiple threats like poaching and increased human activity.

CLIMATIC STRESSES

KWS ecological monitoring director Shadrack Nkene said the count is being carried out in Kenya and Tanzania and will inform future interventions to shield the mammals from threats linked to human activity and climatic stresses.

“The core aim of the headcount on elephants and large mammals is to assess the population trends in relation to numerous challenges like poaching, droughts and shrinking habitats,” said Dr Nkene, who is leading a team of technicians in the count.

BORDER PROTECTION

He said Kenya and Tanzania are conducting the elephant census concurrently in line with a bilateral agreement to enhance cross border protection.

“The results will help us to establish if they are on the increase, or decreasing. We will also establish the human activities in the conservation areas,” he added.

The 2014 aerial survey shows an increase from 2,058 elephants in 1986 to 7,535 in 2014, in the world famous Maasai Mara-Serengeti ecosystem that straddles the Kenya/Tanzania border.

ELEPHANT POPULATION

A total of 192 elephant carcasses were counted during the survey, of which 117 were in Kenya and 75 in Tanzania.

The ratio of carcasses to live elephants was 2.5 per cent which is well within the normal range of 2.8 per cent of what a stable or increasing elephant population would exhibit in this kind of survey.

WWF director Jared Bosire said the count used two aircraft, covering an area of 12,000 square kilometres. He said in 2014, more than 8,045 elephants were counted in the ecosystem.

Tanzania

Top Judges Linked to Drugs, Escrow Cash Scandals Quit

President John Magufuli yesterday accepted the resignations of two High Court judges, one deeply entangled in… Read more »

Mak Closure – Case Ruling Against M7 Set for June 22

High court judge Patricia Wasswa Basaza has this morning ordered for written submissions in the case in which six students from Makerere Law School sued President Yoweri Museveni for closing the university.

Justice Wasswa demanded written submissions from both parties by May 29 and has set June 22 as date for making a ruling on the matter.

President Museveni, in November last year, closed Makerere in his capacity as “the visitor” in line with the Universities and other Tertiary Institutions Act 2001. The institution remained closed until January 2 this year.

Museveni ordered the indefinite closure of Makerere on November 1, 2016 following failed negotiations between the university council, administration and lecturers over their salary incentives for the past eight months.

He said the closure of the university was meant to guarantee the safety of persons and property. The six students including Sam Ssekyewa, Moses Mushime, Cissy Nabatanzi, Emmanuel Kanyesigye and John Robert Turyakira in November last year challenged the powers held by the ‘visitor’ of Makerere to indefinitely close the university.

They argue that the president overstepped his powers since Makerere had its supreme organ, the University Council. Preliminary objections raised by Makerere and the attorney general are that the case has been overtaken by events since the university reopened on January 2 and that all the lost time was compensated for.

They further argue that since the ‘visitor’ is the President of the Republic of Uganda, he is immune to law suit as per the Constitution.

The applicants through their lawyer Isaac Ssemakadde of Legal Aid however argue that whereas some of their prayers have been overtaken by events, they want court to bar the president from closing the university in the future since the University Council can take such decisions.

“We want court to be very clear and be so categorical and state that; in future, Makerere University will not be closed arbitrarily because Sections 26 of the Universities and other Tertiaries Act spell out the duties of the ‘visitor.’

Then, Section 40, says that the University Council is the supreme organ that has overall mandate of governing Makerere University but the president issued a directive, closing Makerere University.

And, we are saying that is unlawful, and therefore we pray that court should be very categorical that a visitor doesn’t have powers to close Makerere University. When there is any strike in future, Council should be given its full mandate that it has the full powers to administer Makerere.” said Turyakira.

Turyakira, a 4th year law student at Makerere University told URN that they are not deterred by what he calls delays in the case.

“Court has ordered that all respondents must submit in their written submissions. Makerere University has asked for only week and the attorney general was actually ready to argue.

So court has said that on May 22, Makerere University should have filed it’s written submissions. Then on May 29, we as the applicants should have filed our submissions and on June 22, that is when we shall have a court ruling.

We are very happy as applicants that actually court is able to entertain our litigation and we are happy that on June 22, we shall be able to get justice prevailing as far as Makerere is concerned.” Turyakira said.

Uganda

Schools Advised Against Expelling Homosexuals

Mothers Union Uganda has advised schools to build a foundation for counseling children involved in homosexuality-related… Read more »

South Africa: Government Will Not Appeal Nuclear Ruling

Pretoria — Energy Minister Mmamoloko Kubayi will not appeal a decision by the Western Cape High Court to set aside Inter-governmental Agreements (IGAs) on nuclear.

“I have decided that I will not be appealing the decision of the Western Cape High Court on this matter,” Minister Kubayi said.

She was addressing a media briefing in Pretoria on Saturday on the decision by the Western Cape High in the Earthlife and South African Faith Communities’ Environment Institute (SAFCEI) case against the Minister of Energy and other respondents.

Last month, two judges ruled that the tabling of the Intergovernmental Agreements (IGA) with Russia, USA and South Korea were unconstitutional and unlawful and that they be set aside.

They also ruled that the decisions made (section 34 determinations) to procure nuclear were unlawful and unconstitutional and that they be set aside.

Following the decision, Minister Kubayi has instructed the Department of Energy to review the processing of all future section 34 determinations and review all determinations currently in place to ensure compliance with the judgment.

“In accepting the ruling of the court, and ensuring that no impropriety is suggested in the future, the department seeks to apply standardization in both form and processing (relating to proper tabling before parliament and its committees), of all Intergovernmental Agreements to be concluded with international countries.

“It is important to note that there is no intention to table the current agreements but will embark to sign new agreements with all the five countries and table them within reasonable time to parliament for consideration,” she said.

Energy Mix

Minister Kubayi said government and her department remain committed to the currently approved energy mix policy and will continue to strive to implement all forms of energy sources to secure the supply and availability of energy in the country.

“There is a need for nuclear in the country because of its ability which can help us with meeting our obligation of 2020 of reducing carbon emission by 34%.

“It’s [nuclear] ability to generate the level of energy that we need, so we are going to make sure that we diversify our energy production in the country, have renewables, have nuclear and currently we are running on fossil fuel, we will continue with that.

“We think diversifying will assist us to have balanced energy sources. That’s why we continue to state that our policy is that of an energy mix, we do not want to be exposed as a country where we have one source of energy and if it happens that it becomes unreliable we will be in trouble,” she said.

Minister Kubayi has appealed to stakeholders to stop the temptation to divide the sector between Nuclear and Renewables.

South Africa

Be Prepared for Dictatorship – Malema Warns About Zuma

EFF leader Julius Malema has warned that if a Parliamentary motion of no confidence in President Jacob Zuma succeeds, he… Read more »

Opposition Alliance Threatens to Quit Poll in Row Over Results Announcements

Photo: Macharia Mwangi/The Nation

National Super Alliance supporters follow proceedings during a rally at Afraha open grounds in Nakuru on May 14, 2017.

By Caroline Wafula And Eric Matara

The National Super Alliance has threatened to withdraw from the August 8 elections if the High Court decision allowing announcement of results at polling and constituency level is overturned.

Led by their presidential flag-bearer Raila Odinga, Nasa principals converged in Nakuru where they demanded that the Independent Electoral and Boundaries Commission (IEBC) withdraws its case filed in the Court of Appeal challenging the decision.

They threatened to hold countrywide protests if this is not done.

ELECTIONS

The opposition chiefs, addressing their first rally since they unveiled Mr Odinga as their presidential candidate, warned the electoral commission against pushing for the changes to have the final results announced at the national tallying centre at the Bomas of Kenya.

“We shall not accept to have the courts change the earlier decision,” Mr Odinga said during the rally at Afraha Stadium.

“There will be no elections in Kenya if it is changed. That will not be our election, but theirs as it will not be under Kenyan law or Constitution.”

WABUKATI’S ARGUMENT

The Orange Democratic Movement leader was accompanied by Wiper Democratic Movement leader Kalonzo Musyoka, Amani National Congress’ Musalia Mudavadi, Ford-Kenya’s Moses Wetang’ula, and Chama Cha Mashinani’s Isaac Ruto.

The IEBC has filed a petition before the Court of Appeal, challenging an April 7 High Court decision that declared presidential results announced at constituencies as final, hence removing secondary tiers like, say, the national tallying centre.

The IEBC is seeing the ruling as a recipe for chaos, and its chairman, Mr Wafula Chebukati, argues that presidential results should be announced at the national tallying centre by the national returning officer, who is the chairman of the IEBC.

CREDIBLE POLLS

Nasa however claims that the IEBC could be used by the government to change the results and help it rig the General Election.

“We are telling Mr Chebukati to forget about this (appeal). Do not accept to be used by Jubilee to tamper with the votes. This is the people’s revolution,” Mr Odinga said.

Mr Musyoka said Nasa has no problem with the IEBC announcing the final results, but insisted that the Opposition was within its constitutional right to demand that this is done at the polling stations and constituency tallying centres.

“Nasa appreciates that announcement of results falls within the IEBC’s mandate. But this is also our constitutional right.

“Mr Chebukati has the mandate, so why is he against announcing the results at the constituency level and insisting that it must be at the Bomas of Kenya? That is a plan to rig.

“If they don’t withdraw the appeal we will hold protests countrywide,” he said.

NASA CANDIDATES

Mr Mudavadi said Nasa’s agenda was to stabilise the country’s economy and accused the government of over-borrowing.

He further claimed that the government had tripled the cost of building the standard gauge railway to $8 million dollars per kilometre, up from $3 million dollars during the Kibaki administration.

Also, Mr Wetang’ula warned the Court of Appeal against granting the IEBC request.

“I have no doubt the IEBC is watching the people’s verdict and has no business going to court because we know some of those in court are compromised,” he said.

Nasa used the rally to unveil and endorse its candidates for the gubernatorial, senatorial and woman representative seats in Nakuru county.

Dr Peter Koros of CCM will contest for the Nakuru governor’s seat while Dr Omondi Ogada of ODM will go for the senate seat.

Ms Gladys Kamuren of CCM and Ms Asha Rashid Kurwa of ODM are eyeing the woman representative position.

FOOD PRICES

The Nasa principals took advantage of the high food prices and high cost of living to hit out at the government, claiming it is unable to drive the country’s economy.

Mr Musyoka announced an Unga Revolution, saying Nasa would send Jubilee home as the coalition has failed to fulfil its promises to Kenyans.

Mr Ruto, who played host to the group, claimed the government was raising money to rig the elections through the high food prices.

“They lied to us they are going to get us ugali from Mexico, and after one day they said it had arrived. Is Mexico Kisii or Naivasha?” he asked.

“Give us ugali and eat your meat, give us flour and we shall make porridge with it. Keep eating your meat, but we are coming for it on August 8.”

On the high cost of living, Mr Wetang’ula said the government was committing an economic crime against Kenyans, adding that “a government that commits economic crimes on its people doesn’t deserve to be called a government”.

“This is the first time since 1963 that the price of milk has exceeded that of petrol. They buy milk at Sh30 and sell it to Kenyans at Sh80,” he added.

Zimbabwe: Lawyers Demand a Stop to Mbada Looting of Marange Diamonds

Photo: The Herald

Diamonds.

By Obey Manayiti/Elias Mambo

Grandwell Holdings lawyers on Wednesday wrote to the Zimbabwe Consolidated Diamond Company (ZCDC) demanding the state-run diamond miner’s immediate withdrawal from the Mbada Diamonds concession in Marange.

Three court orders have been handed down against ZCDC, but the company has ignored them, while extracting diamond ore at the disputed mine. Grandwell has 50% shareholding in Mbada Diamonds.

The company has been contesting the decision by government to take over its mining operations after it failed to renew its mining licence in 2015 over its resistance to join the consolidated company. The latest court order was issued on April 26 baring the ZCDC from taking Mbada’s diamond ore. The court order warns the ZCDC that it risks being denied audience before the High Court, while any papers filled by then shall be struck off the record if the company ignores the court order.

In a letter to ZCDC chief executive Morris Mpofu, also copied to Mines permanent secretary Francis Gudyanga and board member David Murangari, Grandwell Holdings lawyers, Scanlen & Holderness said it was illegal for the company to continuously disobey the court orders.

It reads in part: “As you are no doubt aware, three High Court orders have been made at the instance of Grandwell Holdings (Pvt) Ltd interdicting Zimbabwe Consolidated Diamond Company (Pvt) Ltd from collecting diamond ore or diamonds from Mbada Diamonds (Pvt) Ltd’s concession area or accessing the area secured by security personnel of Mbada Diamonds (Pvt) Ltd or otherwise interfering in any manner with the security arrangements in relation to the area.”

Grandwell lawyers accused the ZCDC and the Zimbabwe Republic Police of barring Mbada Diamonds’ security officers from accessing to the concession. They said the ZCDC’s actions are in contempt of court. “Entirely without prejudice to legal action against you in your personal capacity in respect of acts of contempt of court and the loss already suffered by Grandwell Holdings (Pvt) Ltd and Mbada Diamonds (Pvt) Ltd, we are instructed to demand, as we hereby do, immediate stoppage of the wrongful and criminal contempt referred to above,” said the lawyers.

The ZCDC is facing serious operational challenges with very low production levels and revenues.

Zimbabwe

Report Suggesting Zimbabweans ‘Still Trust Mugabe’ Rubbished

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South Africa: Opposition Parties Plan to Halt Molefe’s Return to Eskom

Opposition parties say they are consulting their lawyers to urgently interdict Brian Molefe from returning to Eskom.

Two of South Africa’s biggest opposition parties have confirmed to journalists on Friday that they are seeking to intervene following news that the former Eskom CEO had resigned as a member of parliament and was due back at the electricity provider on Monday.

Eskom board spokesperson Khulani Qoma confirmed that Molefe had agreed to go back to the power utility as its chief executive after it rescinded his application for an early retirement.

Molefe in February was appointed as a member of parliament under a cloud of speculation that he was destined for a role as South Africa’s finance minister, but instead President Jacob Zuma appointed Malusi Gigaba to the post.

In 2016, Molefe resigned from his position as Eskom CEO after being implicated by former public protector Advocate Thuli Madonsela in her state capture report – a decision which he said he made in order to clear his name.

“The EFF has taken a decision to take the Brian Molefe decision to court, we think it is unacceptable. This thing is just turning our country into a banana republic,” said EFF leader Julius Malema.

He was speaking on the sidelines of a media briefing held by opposition parties and civil society, ahead of the Constitutional Court hearing an application brought by the UDM’s Bantu Holomisa for a motion of no confidence vote against Zuma to be done under secret ballot.

Malema said they had asked the EFF’s lawyers to look into what can be done about the development.

“So the lawyers would advise whether we should take it on an urgent basis or not. The principle is, it is being taken to court. The decision to be made is whether it is on an urgent basis, or if it will follow normal court process,” said Malema.

Cope’s Mosouia Lekota said it would be wise for Molefe to note that he was not CEO of Eskom yet.

“He must remain in the portfolio committee until then,” said Lekota.

DA leader Mmusi Maimane, who described the move as irrational, said they too were looking at taking urgent action against Molefe’s supposed return to Eskom.

“No individual can loot state money, be found against in the state capture report, fail to appeal that state capture report, then proceed in the [act] of clearing his name, fail to do that and then go back to Eskom,” said Maimane.

APC’s Themba Godi, who is also the chairperson of the public accounts committee, said a confident Molefe confirmed the news to him on Friday when they bumped into each other at the airport.

“He was the first to inform me that he is back at Eskom, complaining about the fact that on Wednesday the public accounts committee and treasury were discussing the Tegeta coal contracts and would like Eskom to be given a chance to clear themselves,” said Godi, adding that Eskom had already been invited to do so within the next two or three weeks.

Political commentator and representative of the Freedom Movement Prince Mashele said they would bring an interdict against Molefe. He added that if anyone else brought one against Molefe, they would also support that.

Source: News24

Battle for Points As RBA League First Round Ends

By Brown Msyani

Three RBA League games are on the cards today as the regional championship’s first round come to its conclusion.

In the men’s league, Tanzania Prisons will square up against JKT Stars in the first game of the day at the National Indoor Stadium.

JKT Stars, who are placed fourth with 24 points from 14 games, may go to within two points of unbeaten leaders Savio.

The defending champions top the table with 28 points.

The game will be followed by the Vijana versus Chui clash late in the evening with the former looking overwhelmingly favourites to bag the points at stake.

Vijana alias City Bulls, who have been pursuing the leaders closely, are currently placed third with 25 points, two points below rampaging ABC.

A win over Chui will send them level on points with ABC, but the two may be trailing by three points should Savio win their final first round games this weekend.

In the women’s league, Vijana Queens will lock horns against Jeshi Stars in the match that would evoke memories of their fierce rivalry.

On Wednesday night, ABC, the former champions laboured to defeat hard-fighting Kurasini Heat 90-81.

Filbert Mwaipungu notched 16 points while his teammate Erick Kahangwa added 14 to inspire their team to a crucial victory.

Kurasini Heat, one of the surprise packages this season, started the game brightly and managed to take a 19-17 first quarter lead.

ABC, who had many rescheduled matches, came back in the second quarter posting a convincing 28-15 lead.

The remaining quarters were equally contested, but ABC’s experienced shooting guards made the difference.

Yassini Choma was outstanding on the court for Kurasini Heat after scoring 19 points followed by Andrew Samson who notched 18. However, their efforts were not enough to down the army outfit.

Speaking after the match, ABC coach Leonard Kwale showered his players for a never-say-die spirit and called on fans to keep their support for ABC.

“It was a hard-fought victory. Kurasini Heat were difficult beat, but my players did well to convert the chances that came their way. We are now within the touching distance of the leaders,” said Kwale.

For his part, Kurasini Heat coach Gerald Baru blamed the defeat on lapses of concentration, but promised that they will comeback for the second round stronger.

You’ll Get Your Certificates, Tuju Assures Jubilee Candidates

By Patrick Lang’at

The Jubilee Party has assured its anxious 1,900 nominations winners that they will not be cheated out of their certificates, as it unveiled what it said are fool proof security features of the crucial documents.

Secretary-General Raphael Tuju said that the certificates will be issued at the county offices starting this Friday in four clusters.

“We want to assure our aspirants that only two certificates have been issued – That of the President and his running mate. All the others will be given theirs during the day and in full openness,” Mr Tuju told journalists at the party headquarters on Thursday.

Mr Tuju was confident that the certificates are fool proof.

SECURITY FEATURES

The document’s key security features include unique serial numbers, which Mr Tuju said will prevent unscrupulous individuals from forging it.

To further prevent against alteration of the serial numbers, the party will present its list of winners to be sent to the Independent Electoral and Boundaries Commission together with the serial numbers.

“That way, when our candidates go to the IEBC to present their papers, the commission will countercheck their certificates’ serial number with the one we gave them,” Mr Tuju said.

The certificates will also have the names of the Jubilee Party candidates printed on them, as opposed to previous cases where names were handwritten.

ID NUMBER

Thirdly, each certificate will have the candidate’s national ID number.

Mr Tuju also said that the 529 cases that had been lodged with the party’s appeals tribunal headed by lawyer Faith Waigwa have been finalised and the final written ruling will be issued on Sunday.

“For certificates to be issued, we will look at the ruling of our tribunal if a case was lodged, and the Political Parties Disputes Tribunal and High Court rulings wherever it applies,” Mr Tuju said.

CLERKS’ PAY

Meanwhile, the party is also reeling from complaints of non-payment of its 60,000 clerks who conducted its primary elections.

Some of the clerks who had been hired to conduct the primaries in 45 counties demonstrated in Nakuru over non-payment.

But Mr Tuju said 45,000 of the 60,000 clerks had already been paid via M-Pesa.

He blamed the delay on some returning officers.

“Some of them inserted names of their relatives and friends who did not work for us, exaggerated the list or even brought names of fewer people than we had hired. We are working to regularise that, and I assure you, everyone will be paid,” said Mr Tuju.

DOUBLE PAYMENTS

He said that the payments had been paid through two different banks, which he said in some cases led to some double payments.

“From the day the nominations ended, a month has not elapsed. We have assured them that we will pay them by the time one month ends,” he said.

On the list of parliamentary nomination slots which should be presented to the IEBC 45 days to the August 8 polls, Mr Tuju said that consultations are on and that the list will be representative.

The following is the Jubilee schedule for the collection of certificates at the county level.

May 12

Kiambu

Nyeri

Embu

Meru

Laikipia

Turkana

Nakuru

Narok

Uasin Gishu

Baringo

Nairobi

May 13

Murang’a

Kirinyaga

Tharaka-Nithi

Nyandarua

Kericho

Nyamira

Bomet

Nandi

Elgeyo Marakwet

West Pokot

Kajiado

Siaya

Lamu

May 14

Mandera

Kisii

Vihiga

Bungoma

Mombasa

Makueni

May 15

Isiolo

Kitui

Garissa

Tana River

Makueni

Machakos

Migori

Kisumu

Homa Bay

Trans Nzoia

Marsabit

Busia

Kakamega

Taita Taveta

Kitui

Complaints of Pre-Ticked Ballots, Faulty Voting Machines Mar Kagoma By-Election

By Ismail Musa Ladu, Tausi Nakato & Moses Okeya

Jinja — Despite some polling station receiving voting material beyond the required time as well as reported cases of a pre-ticked ballot paper, heavy police deployment, the country’s election prefect maintains that nothing is amiss.

According to the schedule, voting was supposed to begin at exactly 7am and close at 4pm.

However not all polling centres kept that time. Some polling stations were also forced to suspend voting for hours after the biometric machines failed to function despite earlier assurance by the chairperson of the Electoral Commission (EC), Justice Simon Byabakama Mugenyi that everything was good to go.

According to Mr James Otim, a resident of Budondo sub-county, it emerged that voting some at polling stations started late.

He said: “In Buyala polling station “A” and Buyala polling station “C” residents started casting their votes at nine O’clock, because of the delay by the EC to deliver voting material in time.”

It was not long before another situation which the EC described as an error, triggered suspicion of mal-practice.

An issuing officer at Buwenge polling station appeared to have pre-ticked a ballot paper before issuing it to a voter, triggering suspicion but the EC moved swiftly to clarify.

Speaking to Journalists at Kagoma, the EC spokesperson, Mr Jotham Taremwa clarified that it was an error that should not cause any alarm or panic.

He said: “A pen of one of the issuing officer slipped a little and kind of ticked an NRM candidate’s name.”

He continued: “But that was an error which was rectified immediately. The ballot paper will be considered invalid and will not count as a valid vote. Besides, this is just one case.”

As the EC was dealing with that situation another was unravelling in Butagaya sub-county.

For two-hours, voters in Kiranga polling station at Butagaya sub-county had to wait in the queue after voting came to halt following a breakdown of the biometric (voter) machine. By the time voting resumed the sun was already beginning to scorch.

However, so far all is generally well. Two candidates; the NRM Moses Walyomu and Alex Brandon Kintu have already cast their votes.

The Forum for Democratic Change (FDC) candidate, Mr Timothy Batuwa Lusala is expected to vote for himself later in the afternoon. It is unclear yet when the other candidate, Mr Muhammed Bidondole (Independent) will cast his vote.

The Kagoma parliamentary seat fell vacant after the Court of Appeal nullified the result of the election following an appeal by Mr Kintu who was one of the contenders in the 2016 parliamentary race.

Mr Kintu stood as an independent but lost to Mr Walyomu. He then filed an election petition in court detailing election fraud manifested in the form of particularly voter bribery, something he said unjustly swung the result in favour of his rival.

The Court of Appeal agreed with his argument and in early March, a verdict nullifying the election was declared, resulting into the ongoing by-election.

Uganda: Court Refuses to Lift Ban On Fishing

By Felix Basiime

Kabarole — High Court in Fort Portal has dismissed an application by Ferdsult Engineering Services Limited seeking to remove an injunction that halts fishing activities on crater lakes in Kabarole District.

In 2015, Ferdsult Engineering Services Limited signed a memorandum of understanding (MoU)with Kabarole District local government to restock 20 crater lakes in the district with fish.

This was after the company was licensed by the Ministry of Agriculture, Animal Industry and Fisheries to restock all lakes in Uganda, including those in Kabarole.

The MoU gave the company exclusive rights to fish in the crater lakes for a period of 30 years.

However, the deal was contested by residents and some non-governmental organisations neighbouring Ssaka Crater Lake in Kicwamba Sub-county.

The residents together with Twerwaneho Listeners Club, a non-governmental organisation, in February 2016 sued the district local government and the Attorney General over the deal.

Court in January put an injunction on the fishing activities on the contested lakes until the main suit is heard and determined, a thing that was contested by Ferdsult Engineering Services Limited which unsuccessfully applied to court seeking to remove the injunction.

In his ruling on Monday, Justice Anthony Oyuko dismissed the application on grounds that it was found to be without merit. However, Ferdsult Engineering Services Limited argued that the injunction has led to death of several fish.

In the main suit, the residents want court to cancel the contract and declare activities of Kabarole District Local Council and Ferdsult Engineering Services as illegal, unlawful and a violation of human rights and fundamental freedoms enshrined under Chapter Four of the Constitution.

Residents argue that they were not consulted when the district council resolved to lease the lakes, yet they entirely depend on fishing for a living.

However, Justice Oyuko said it will be unfair to allow Ferdsult to carry out fishing and yet the injunction applies to both parties. “The main suit against Ferdsult will be heard on May 18 and the former chief administrative officer, Mr Nicholas Ochakara, should appear in court for cross examination,” court ruled.

In 2010, the Fisheries ministry drafted a policy that allows districts to lease crater lakes to investors with an aim of increasing fish production through fish cage farming. The leasing of the crater lakes has since caused uproar from a cross section of people in the district.

Uganda

Over 1000 to Lose Their Houses Along Kampala-Entebbe Road

More than 1,000 buildings on Entebbe Road will be razed down on Monday when Uganda National Roads Authority takes whip… Read more »

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