Posts tagged as: dpp

Manji Walks Free As DPP Drops Sabotage Case

The Director of Public Prosecutions (DPP) has dropped the economic sabotage case facing Dar es Salaam tycoon Yusuf Manji and three other people on the ground that there is no intention to proceed with it.

The procecution led by Senior State Attorney Mutalemwa Kisheyi told the Kisutu Court that the DPP was withdrawing the case under Section 91(1) of Criminal Case Proceedings Act.

After the submissions of the plea, Resident Magistrate Huruma Shahidi declared Mr Manji and co-accused free.

However, Manji left the court premises in a Toyota Altezza.

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Case Against Manji, 3 Co-Accused Dropped

By Faustine Kapama

THE Director of Public Prosecutions (DPP) has dropped the economic sabotage case against prominent businessman Yusuf Manji and three others, who were charged with being in possession of military uniform fabrics worth over 200m/-.

Senior State Attorney Mutalemwa Kishenyi, for the prosecution, told Principal Resident Magistrate Huruma Shaidi at the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday, that the DPP had decided to enter a “nolle prosequi” certificate in favour of the accused persons.

Those who had been charged alongside Manji are officials with Quality Group, Deogra tius Kisinda (28), the Human Resources and Administrative Officer, Abdallah Sangey (46), storekeeper and Thobias Fwele (43), Assistant Store Keeper.

He reported that the DPP withdrew the charges under Section 91 (1) of the Criminal Procedure Act (CPA), stating that the prosecution would no longer pursue charges against the four individuals.

Immediately after receiving the DPP’s certificate, the magistrate proceeded to discharge and declaring them free. The provision under which the DPP had relied upon to drop the charges allows him to re-arrest the accused persons and charge them with the same offences.

It had been alleged that on June 30, this year, at Chang’ombe A area in Temeke District, jointly and together, all the accused per sons were found in possession of 35 bundles of fabric used for uniforms of the Tanzania People’s Defence Forces (TPDF), valued at 192.5m/-.

Manji and his co-accused were also charged with a similar count of being found with eight bundles of the same materials valued at 44m/-. They allegedly committed the offence on July 1, this year, at Chang’ombe A area in Temeke District in the city of Dar es Salaam.

It was alleged by the prosecution that on June 30, this year, at the same area in Temeke District, the accused persons were found in unlawful possession of government stamps, which are three rubber stamps of the TPDF, bearing different addresses without lawful authority.

The stamps, according to the prosecution, contained different addresses, including, “MKUU WA KIKOSI 121 KIKOSI CHA JESHI JWTZ, KAMANDA KIKOSI 834 KJ MAKUTUPORA DODOMA, COMMANDING OFFICER 835 KJ, MGAMBO P.O. BOX 224 KOROGWE.”

It was further alleged that the act by the accused persons of being found with the rubber stamps of TPDF addresses, was prejudicial to the safety or interests of the United Republic of Tanzania.

The prosecution also alleged that on July 1, 2017, at Chang’ombe A area within Temeke District, jointly and together, all the accused persons were found in possession of two motor vehicle registration plate number SU 383 and SM 8573, which were unlawfully acquired.

Ugandan Judge Wins World Prosecutor of the Year Award

Photo: Daily Monitor

High Court Judge Susan Okalany

By IVAN OKUDA

High Court Judge Susan Okalany was on Thursday bestowed Prosecutor of the Year award in Beijing, China by the International Association of Prosecutors (IAP) to recognise her distinguished role in the prosecution of the 2010 Kampala bombing suspects.

Justice Okalany, currently based at the High Court in Mbale, led a team of prosecutors, guided investigations and conducted prosecutions in the terrorism case arising from the July 2010 Kampala bombings that left 76 dead.

The bombing affected victims from Uganda, Ethiopia, Kenya, Ireland, Sri Lanka, India and the US.

Fifteen defendants were extracted from Kenya, Uganda, Tanzania while investigations stretched from the East African region to Somalia, United Kingdom and USA with 82 witnesses called.

The case is billed by the Office of the Director of Public Prosecutions due to its magnitude as the first major terrorism case successfully prosecuted in Africa with 82 witnesses from four countries including 28 from Kenya, four from Tanzania, six from USA and the rest from Uganda. 356 physical exhibits were used in the case that involved extradition of two suspects from Tanzania, making of several Mutual Legal Assistance requests to Kenya, Tanzania, USA, Somalia and UK.

On May 26, 2016 after 11 months of a marathon trial, then High Court judge and now Deputy Chief Justice Alphonse Owiny Dollo convicted eight defendants who were directly involved in scheming the evil attack on fans watching the World Cup final game at Kyadondo Rugby Grounds and Ethiopian Village in Kabalagala, near Kampala City centre.

The Director of Public Prosecutions (DPP) appointed the late Joan Kagezi and Mr Lino Anguzu to assist police with the investigations and the team identified the conspirators, zeroed down on the recruitment of an operational cell in Somalia, transfer and storage of suicide vests and improvised explosive devices from Somalia to Uganda through Kenya.

Fifteen individuals from the three East African countries were arrested and indicted with over 90 counts of terrorism, murder and other related offences.

Two of the suspects pleaded guilty and cooperated with the state to incriminate others. In 2016, Kagezi was gunned down en route her home in a car with her children but police is yet to present suspects it claimed to have netted for the assassination that shook the conscience of the nation, to court.
Justice Okalany was subsequently appointed to take over the case assisted by Mr John Baptist Asiimwe, Mr Lino Anguzu, Mr Thomas Jatiko and Mr Rachel Bikhole, at a time prosecutors were scared to the bone marrow to handle terrorism related cases.

The DPP Justice Mike Chibita in his nomination of Justice Okalany persuaded the IPA thus: “Susan exhibited tremendous courage, tenacity, professionalism and ingenuity in guiding the investigations, case preparation, international cooperation and case presentation. All these against the backdrop of constant threats to her life, her team and loss of a dear colleague.”

The IAP Prosecutor of the year award, Justice Chibita said, is not only a befitting tribute and honour to Justice Okalany and the memory of Kagezi but also to the many countries who contributed to the successful prosecution.

Justice Okalany had a stellar career at the DPP’s office, prosecuting another high profile case that led to the conviction of Jacqueline Uwera Nsenga for the murder of her husband and businessman a few years ago, when she ran over him with a car at his gate at the upscale suburb of Bugolobi.

The case was as intricate in its facts and issues as it exposed the underbelly of Uganda’s criminal justice system, pitting two politically connected families against each other.

The convict is an in law to police chief Gen. Kale Kayihura who as it emerged in court, attempted to insulate his wife’s cousin from trial and assigned then deputy director criminal investigations, Mr Geofrey Musana to appear as a defence witness while the family of the deceased enjoyed a long cordial relation with former DPP now Justice of the Supreme Court Richard Butera and reached out to President Museveni to intervene in the matter. Justice Okalany successfully secured a conviction.

Why Ruling Party Risks Prosecution Over Information Portal

By Abiud Ochieng

Jubilee administration has come under criticism for breaking the law when they launched a portal on Monday, detailing their achievements since getting into power.

Long serving lawyer Apollo Mboya, who is also former Law Society of Kenya chief executive, has in a letter addressed to the Director of Public Prosecutions (DPP) dated April 12, requested the office to institute criminal proceedings against those found to have violated the law.

Section 14 of the Election Offences Act, 2016 provides that, a candidate, referendum committee or other person shall not use public resources for the purpose of campaigning during an election or referendum.

It also provides that no government shall publish any advertisements of achievements of the respective government either in the print media, electronic media, or by way of banners or hoardings in public places during the election period.

According to Mr Mboya, the election period has been defined in section 2 of the said Act as: “The period between the publication of a notice by the Electoral Commission for presidential, parliamentary or county election as provided under the Elections Act, 2011 and the gazettement of the election results.”

CRIMINAL PROCEEDINGS

The Independent Electoral and Boundaries Commission (IEBC) had through a special gazette notice, of March 17, published a notice for presidential, parliamentary or county election.

However, on Monday this week, President Uhuru Kenyatta together with his deputy William Ruto, launched a public information portal to showcase various national government programmes and projects across the country.

“The actions by the government contravened the provisions of the Elections Offences Act, specifically Section 14(1) and (2), hence criminal in nature,” said Mr Mboya.

He wants the DPP to institute criminal proceedings against those culpable, within the next seven days, adding that if the DPP is unable for whatever reasons, he should promptly communicate the same so that private prosecution can commence.

The DPP can only commence prosecution against the organisers of the event and the financiers, but not the president who is shielded from criminal prosecution during his term in office, given his constitutional functions, duties and powers.

Mr Mboya said that among those he expects to be held accountable are Head of Public Service and any accounting officer who paid money for the making of the portal as well as those who paid for the adverts, “because what they did is what the law outlaws.”

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Probe into Political Party Rally Violence Ordered

By Jeremiah Wakaya

Nairobi — The Directorate of Public Prosecutions (DPP) has ordered investigations into chaos witnessed in Migori on Monday during an Orange Democratic Movement (ODM) party rally, where gunshots were fired leaving a number of people injured and property destroyed.

In a letter to the Directorate of Criminal Investigations (DCI) dated April 4, Deputy Director of Public Prosecutions Nicholas Mutuku directed Director of Criminal Investigations Ndegwa Muhoro to conduct a thorough probe on the matter and file a report for appropriate action to be taken.

“I have been directed by the DPP to direct you to immediately and urgently commence thorough investigation into the incident and submit the resultant file for perusal and directions,” Mutuku wrote.

The DPP particularly stated that the matter should be expedited to unearth the culprits behind the ugly occurrence.

The order comes even as Police Spokesperson Charles Owino defended security officers from accusations of triggering the violence, saying the incident could have been uglier were it not for police presence at Posta Grounds.

“As police we’re on top of things and the incident that took place in Migori is under investigations,” Owino stated.

“What is going to happen is that we’re going to be very strict on public order and politicians will have to follow procedure when they want to have meetings and campaigns,” he added.

During the confrontation, Mombasa Governor Hassan Joho’s bodyguard sustained a bullet wound but it remains unclear who shot at him, with the Police Spokesman blaming local politicians for the mess.

“Let nobody lie that it is police or government. What happened was a scheme by certain group of politicians from Nyanza to exclude a particular person and get sympathy,” Owino pointed out.

Migori Governor Okoth Obado accused Joho and Senators James Orengo and Anyang’ Nyong’o of attempting to stage a ‘coup’ in his county by seeking to endorse his rival.

Kenya

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DPP Orders Fresh Probe Into Murder Case Involving Betty Tett

By Collins Omulo

Director of Public Prosecutions has ordered a fresh probe into a murder case involving former assistant minister Betty Tett.

Mr Keriako Tobiko, in a letter dated January 25, directed the Director of Criminal Investigations (DCI) Ndegwa Muhoro to appoint a new team of investigators to re-investigate the matter and return the file in twenty-one days.

“In light of the contents of the aforementioned letter and the accompanying documentation, I do therefore direct that this matter be re-investigated by a new team of investigators. The re-investigation to be completed and the resultant file(s) submitted to this office for perusal and appropriate directions within 21 days,” said the letter.

The DPP’s letter comes in the wake of a letter from constitutional lawyer Paul Mwangi and Company Advocates, legal firm representing the assistant minister’s business rival Mr Andrew White, requesting for a review and a reconsideration of an earlier decision not to charge the former Westlands Member of Parliament with conspiracy to murder.

The prosecutors had claimed that Mr Wachira had wrongly implicated Mrs Tett going ahead to file charges against him, accusing Wachira of demanding money with menaces and giving false information to the police.

Mr White, through his new legal team led by Mwangi, has now written a plea, dated January 16, to the DPP requesting for the review of the case alleging that there was new evidence from private investigators and a whistle-blower linking Mrs Tett and Mr John Wachira, her alleged hit man, to the murder conspiracy.

He also demanded a new probe to verify the information he had submitted to Mr Tobiko complaining of an alleged plot by investigators to compromise the case.

Mr White also claimed to have obtained telephone records of supposed conversation between Mrs Tett and Mr Wachira saying that the data by the private investigators conclusively proves the association between the former MP and the hit man.

Kenya

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Activists to Challenge Ruling On Cybercrime Law

By Louis Kolumbia

Dar es Salaam — Rights activists yesterday said they would challenge in the Court of Appeal a High Court ruling on the petition that sought to declare the Cybercrimes Act unconstitutional.

In December last year, the High Court overturned only Section 50 of the law as requested by the petitioner, Mr Jebra Kambole, who represented the Tanzania Human Rights Defenders Coalition (THRDC), Legal and Human Rights Center (LHRC) and other groups while declaring the other 19 of the 20 sections of the law constitutional.

Section 50 of the Act, which was enacted by Parliament in 2015, gives the Director of Public Prosecution (DPP) powers to punish a suspect who has voluntarily confessed even before the start of court procedures with subsection 2 saying the DPP’s decision would be final.

The ruling agreed with the petitioner that Section 50 of the law contravened Article 13 of the country’s Constitution, therefore ordering the Attorney General (AG) to amend the section within twelve months.

Yesterday, THRDC coordinator Onesmo Olengurumwa told The Citizen that rights groups were not satisfied with the decision and that they had resolved to appeal anytime this month. He said they would take the matter before the African Court of Human and People’s Rights (ACHPR) in case justice wouldn’t be realised in the Court of Appeal.

“Experience shows that cases involving government interests are being politicised by judicial systems in the country that is why we are preparing to take the matter to the regional and international courts,” he told The Citizen in a telephone interview, referring to the case on independent candidate among those he claimed to have been politicised.

He said, stakeholders had consulted on decision to appeal the High Court decision, saying that will mark the beginning of a long journey in search for justice domestically and internationally.

Mr Kambole said in spite of being unsatisfied with the ruling they considered themselves as winners.

“It’s because we have managed to show the law is unconstitutional in one part, though other demands have been overturned. Under normal circumstances, it takes years to do what we have done to a law assented just a year back,” he said in a telephone interview.

“We are waiting for a ruling on another case on Section 16 of the same law which has been used to try a number of people since its enactment,” he added.

Tanzania

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Tanzania: Activists to Challenge Ruling On Cybercrime Law

By Louis Kolumbia

Dar es Salaam — Rights activists yesterday said they would challenge in the Court of Appeal a High Court ruling on the petition that sought to declare the Cybercrimes Act unconstitutional.

In December last year, the High Court overturned only Section 50 of the law as requested by the petitioner, Mr Jebra Kambole, who represented the Tanzania Human Rights Defenders Coalition (THRDC), Legal and Human Rights Center (LHRC) and other groups while declaring the other 19 of the 20 sections of the law constitutional.

Section 50 of the Act, which was enacted by Parliament in 2015, gives the Director of Public Prosecution (DPP) powers to punish a suspect who has voluntarily confessed even before the start of court procedures with subsection 2 saying the DPP’s decision would be final.

The ruling agreed with the petitioner that Section 50 of the law contravened Article 13 of the country’s Constitution, therefore ordering the Attorney General (AG) to amend the section within twelve months.

Yesterday, THRDC coordinator Onesmo Olengurumwa told The Citizen that rights groups were not satisfied with the decision and that they had resolved to appeal anytime this month. He said they would take the matter before the African Court of Human and People’s Rights (ACHPR) in case justice wouldn’t be realised in the Court of Appeal.

“Experience shows that cases involving government interests are being politicised by judicial systems in the country that is why we are preparing to take the matter to the regional and international courts,” he told The Citizen in a telephone interview, referring to the case on independent candidate among those he claimed to have been politicised.

He said, stakeholders had consulted on decision to appeal the High Court decision, saying that will mark the beginning of a long journey in search for justice domestically and internationally.

Mr Kambole said in spite of being unsatisfied with the ruling they considered themselves as winners.

“It’s because we have managed to show the law is unconstitutional in one part, though other demands have been overturned. Under normal circumstances, it takes years to do what we have done to a law assented just a year back,” he said in a telephone interview.

“We are waiting for a ruling on another case on Section 16 of the same law which has been used to try a number of people since its enactment,” he added.

Tanzania

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Family, Tribe Come Between Breaking and Enforcing Law

Photo: Daily Monitor

Restricted. Some of the houses in King Mumbere’s palace were set ablaze during the attack in the palace.

opinionBy Bernard Tabaire

No sooner had the police opened investigations into the fatal shooting of Kenneth Akena two weeks ago than red-hot corners of social media started asserting that detectives would cover up the truth and defeat justice.

Commentators cited ethnicity given that a suspect, Mr Matthew Kanyamunyu, is from western Uganda and Akena from northern. This is of course in line with what some have called the north-south divide, a zero-sum politico-economic dichotomy that has been talked about for decades. The northerners once ruled, now it’s the southerners who are having all the fun and the loot and all State institutions are rigged in their favour.

Police leaders must not be amused. Better, they should ask themselves why the Force is viewed as less than professional in some instances.

A few recent incidents have not done much to burnish the image of the police. Following the death in 2013 of Juvenal Nsenga, knocked by his wife at the gate of the family home in Kampala, the police insisted she be charged with something less than murder – more like “causing death by rush and negligent act”.

The Directorate of Public Prosecutions stood its ground. It was not lost on the public that Inspector General of Police Kale Kayihura has close familial ties with Jackie Uwera Nsenga, whom the court eventually found guilty of murdering her husband.

In his judgment, in fact, Justice Duncan Gaswaga rebuked the police: “Only the DPP, and nobody else, enjoys the powers to decide what the charges in each file forwarded to him or her should be. Although the police may advise on the possible charges while forwarding the police file to the DPP… such opinion is merely advisory and not binding on the DPP… Unless invited as witnesses or amicus curiae (friend of the court), the role of the police generally ends at the point the file is forwarded to the DPP.”

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Then there was the case of Mr Christopher Aine earlier this year. He went underground in December 2015 after the police slapped charges on him for assaulting police officers in Jinja and beating up NRM supporters in Ntungamo during the campaigns for the February 2016 elections. He was then the head of presidential contender Amama Mbabazi’s security detail.Apparently the man’s crimes were of such magnitude that the police took the rare step of promising Shs20 million to whoever provided information leading to his arrest.Then in April, after four months in hiding, Mr Aine showed up at the home of Gen Salim Saleh, President Museveni’s powerful brother. To-date the police have never pressed charges against Mr Aine, with the matter having been dropped quietly.In both of these cases there are family ties, and deep feelings of solidarity forged in war. (Aine’s dad, now deceased, was Gen Saleh’s comrade in arms during the 1981-86 Bush War.) But once these ties appear to subvert justice, it becomes difficult to read into other matters anything but partiality.So where there is no family involved, then people will read ethnicity. It tends to be a very short and slippery distance from family to clan to tribe.And so if Akena and Mr Kanyamunyu are not from the same village, we can’t use family ties to read bias, we use ethnicity. If Uganda were richer, possibly class would also be a factor.Beyond the dubious conduct of some State institutions, Uganda has its history of inter-ethnic antipathy that’s easy to tap into for reasons both noble and otherwise.To flare up, ethnic sentiment sometimes does not need a tragic event like the killing of young man in Kampala. It simply needs some visible trigger.Often we invoke ethnicity to protect a thieving government official from our village. It helps when the money stolen is in billions, because then we can hope that if the fellow gets away with the loot, we could get crumbs: we could cut grass at his palatial homes in Kampala and the village, we could work the gardens, we could work on his construction sites, and possibly he could influence a government contract to come our way. In this case poverty and ethnicity get tied together.Social media does the rest.To check this stuff, those who make policy ought to ensure that all Ugandans are living improved lives every passing year. The economy must work for us all regardless of village of origin.We could start with ensuring that State institutions are fair and impartial and are seen as such.One rider, which incidentally, is illustrated by the Nsenga case: as we worry about those other people from that other tribe, let’s not forget the danger that may hit us from deep inside our own family, our own clan, our own tribe.Mr Tabaire is the co-founder and director of programmes at African Centre for Media Excellence in Kampala.

DPP to Hand in Counter Affidavit in Fishing Case

By Faustine Kapama

THE High Court has allowed the Director of Public Prosecutions (DPP) to file his counter affidavit in response to an application by the owner of a fishing vessel linked in the trial, commonly known as Samaki wa Magufuli case, demanding 6bn/- in compensation.

Judge Ama Munisi gave the order in favour of the DPP after considering a request presented on his behalf by Principal State Attorney Timony Vitalis. The trial attorney had informed the court that they have delayed to file the affidavit because the DPP, who is the deponent, was outside the country.

The judge ordered the DPP to file his affidavit by September 23, while the advocate for the ship’s owner, Capt. Ibrahim Bendera from M & B Law Chambers headed by former Principal Judge Hamis Msumi, would file his reply to the counter affidavit, if any, within seven days thereafter.

She ordered the matter to be mentioned on October 5. The owner of the ship, Tawariq-1, which was tendered in court as exhibit during the trial is Mr Said Ali Mohamed al Araimi, who is Managing Director of Sea Tawariq LLC, a company registered in the Sultanate of Oman operating from Muscat.

In the application, the businessman requests the court to order the return of two items to him that were tendered in court by the prosecution as exhibits during the trial of two Chinese, Hsu Chin Tai and Zhao Hanquing and others, who were allegedly found in illegal fishing activities.

Such items include the motor fishing vessel Tawariq 1 or its value paged at 2.3 million US dollars and 2,074,249,000/- being the value of fish.

However, such trial was later discontinued at the Kisutu Resident Magistrate’s Court by the DPP after entering nolle prosequi to the accused persons.

At the time the case was discontinued, Capt. Bendera had asked the court to order that the exhibits be given back to the accused persons so that are returned to their place of original. The prosecution, led by Senior State Attorney Prosper Mwangamila at the time raised no objections to the request.

In his affidavit to support the application, Mr Mohamed al Araimi, stated that on December 15, 2008, they employed Capt. Hsu Chin Tai from China to be the master fisherman of the ship.

On December 31, 2008, they afforded ticket to him for Mombasa in Kenya to replace Capt. Hong Zheng Liang. At the time, he stated, the vessel was conducting fishing activities in the high seas.

Records of their office, he stated, showed that on January 3, 2009, Capt. Tai arrived on board of the vessel at a position in the Indian Ocean 400 nautical miles from the Kenyan coast.

After boarding the vessel, Tai received ship familiarisation tour by Liang after which the vessel was handed over to him on January 9, 2009. The vessel completed fishing in the high seas on March 5, 2009 and hauled all fishing gear on board and they sailed to another ship to pick UP three Kenyans.

Mr Mohamed al Araimi stated that on March 8, 2009 in the morning, while on their way to Mombasa exercising freedom of navigation with 296.3 tonnes of Tuna fish on board, at a place which was about 180 nautical miles from the coast of Tanzania, the seafarers were arrested by persons who had guns. After arrival in Dar es Salaam, the Director of Public Prosecutions instituted several court cases against 37 persons.

On March 20, 2009, they appointed Capt. Ibrahim Bendera from the said law chambers to represent the accused persons in the matter. Other accused persons were acquitted.

Hsu Chin Tai and Zhao Hanquing were charged with unlawful carrying out fishing activities in the EEZ and water pollution and degradation of marine environment. Hanquing was charged with an alternative count of accessories after the fact.

After full trial, on February 23, last year, the High Court convicted the two of unlawful carrying out fishing activities in EEZ and sentenced to pay a fine of 1bn/- each or go in jail for ten years in default of paying the fine.

Tai was convicted of another separate offence of water pollution and degradation of marine environment. He was sentenced to pay a fine of 20bn/- or imprisoned for 10 years upon failure to pay the fine in question. Both of the appellants defaulted to pay the fine.

Having been aggrieved by the judgment, the two took the matter to the Court of Appeal. In its decision, the Court of Appeal reversed the High Court verdict and discharged the two Chinese. Immediately thereafter, the two were re-arrested and charged with same charges at Kisutu Resident Magistrate’s Court.

But on August 14, last year, the Director of Public Prosecutions withdrew the charges by entering a nole prosequi certificate, showing he was no longer interested to pursue the case.

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