Why Uganda needs new laws to hold police in check, and accountable

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July 30, 2019

In May this year Uganda’s Constitutional Court made a ruling that offered a welcome development for domestic justice for victims of police violence, as well as an opportunity for police reform.

The Court declared a provision of the Uganda Police Act unconstitutional and void. The provision allowed police officers to use unlimited force when dispersing crowds with no liability for deaths or injuries.

This is a big win for Uganda. The country has a record of police killings as a result of excessive force used during mass protests for which there is almost never accountability.

The decision is indeed a milestone. But it isn’t likely to have any major effect unless there is pressure for new laws in Uganda that set international standards on the use of force and firearms during crowd control. Previous milestone decisions by Ugandan courts have either been ignored by the state, or have been circumvented through other legislation.

The courts have acted before

In 2008 the Constitutional Court nullified a provision of the Police Act which granted powers to the Inspector General of Police to disperse public assemblies if he or she believed they might cause a breach of the peace. The Court ruled that the Inspector General’s discretionary powers were excessive and effectively rendered freedom of assembly under the Ugandan Constitution illusory.

But in 2013 the Ugandan Parliament passed the Public Order Management Act. This gave the Inspector General powers to regulate the conduct of all public gatherings. It also required all conveners to notify the Inspector General of planned public meetings in advance. And it granted the Inspector General powers to bar the convening of a meeting at any venue if it was in the interest of crowd and traffic control.

This effectively revived the Inspector General’s powers to limit freedom of assembly. The Inspector General has used this discretion to bar the public assemblies and activities of some political opposition and civil society groups. These decisions have been based on broad and unsubstantiated claims of security interests and crowd control.

For example, the Inspector General has banned music concerts by prominent opposition Member of Parliament and musician, Robert Kyagulanyi, alias Bobi Wine. This has included concerts on his private property.

When it comes to the excessive use of force, Uganda has a multiplicity of laws that empower the police and other security agencies to carry out arrests as well as to control and disperse crowds. The laws place no limits on the use of force or the use of firearms. This means that, despite the Court’s ruling, loopholes for the use of excessive force persist within Uganda’s legal framework.

For example, the provision of the Police Act nullified by the Constitutional Court exists in the same substantive terms under the Penal Code Act. This allows the police to disperse riotous assemblies by all means necessary without legal consequences for any deaths or injuries.

Other gaps in the law exist in the Criminal Procedure Code Act, The Prisons Act, and The Uganda Peoples’ Defence Forces Act.

What needs to be done

Uganda needs a comprehensive regulatory framework to govern public assembly. This framework would balance law enforcement and human rights interests, including protecting the right to freedom of assembly. Without this framework the enjoyment of this right will continue to be subject to the political interests of the regime in power.

The same dynamics apply when it comes to excessive force used to disperse public gatherings organised by political opposition groups or those opposed to the regime.

A clarity and harmony of standards is especially important as there’s an increasing blurring of police and military roles in the country.

Uganda has an active civil society and a liberal constitutional provision for public interest litigation that can enable this.

As a practical way to ensure the Constitutional Court’s most recent decision doesn’t become another forgotten milestone, civil society organisations such as the Uganda Law Society can do two things. The first is to undertake a comprehensive mapping of all laws related to use of force in the country and determine where they fall short of constitutional and human rights standards.

The second would be to engage the police, parliament and the judiciary to map out a regulatory statutory framework. This would lay down more detailed standards on the use of force by all mandated to use force when controlling crowds.

These standards can be drawn from the wealth of relevant international guidelines. These include the 1979 Code of Conduct for law enforcement officials, the 1990 United Nations Basic Principles on the Use of force and Firearms for Law Enforcement Officers, and the African Union Guidelines for Policing of Assemblies by Law Enforcement Officials in Africa.

Reforms along these lines aren’t relevant only to Uganda. Recent civil uprisings in Sudan and Algeria show that people are increasingly seeking change through public protest. This underscores the need to get clarity on standards police should be obligated to apply against protesters. And to crystallise a legal basis of criminal liability for excessive force at both national and international levels.

The clarity of legal standards would ensure that citizens can advance democratic and human rights in Africa using peaceful means.

Sylvie Namwase, Post Doctorate Researcher under the DANIDA funded project on militarisation, sustainable growth and peace in Uganda., University of Copenhagen

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Shaffie Weru lands new deal with rival Homeboyz Radio

By

Dan Ojumah

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July 30, 2019

BY STEPHANIE MWANGI – Former Kiss 100 radio star Shaffie Weru has shifted his camp to Homeboyz Radio as their new Programs Controller after a controversial break up with the former.

Homeboyz Entertainment General Manager Somoina Kimojino stated that Shaffie comes in with a wealth of experience on air, with over 14 years’ of experience at Kiss FM.

He was previously at Kiss FM, where he worked alongside Adelle Onyango on the morning show.

“He will be able to work with the team to improve our programming, work on creative ideas with the creative team to bring out the culture of HIP HOP and EPL in everything we do. We give him a warm welcome and look forward to improved station sound and programming,” Somoina said.

Governor Waititu and his wife to spend night in custody pending bail ruling

By

Dan Ojumah

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July 29, 2019

BY PRUDENCE WANZA – Kiambu Governor Ferdinand Waititu and his wife Susan Wangari will spend another night in custody pending bail ruling tomorrow.

Governor Waititu was arraigned in court alongside his wife Susan Wangari charged with Sh.588 million irregular tendering.

Waititu faces charges of not following the legal procurement procedures, conflict of interest,irregular tendering and dealing with suspect property contrary to the law.

He is accused as the governor of kiambu knowingly acquired an indirectly Private interest of Sh.25,624,500 in respect to payments made to his company,Testimony Enterprises Limited for contracts awarded to the same company.

He is also accused of dealing with suspect property where he received through his company, Saika Two Estate Developers a payment of ksh.18,410,500 from Testimony Enterprise Limited having reasons to believe the money belonged to Kiambu County Government.

He is also charged alongside his wife Susan Wangari as the proprietors of Delta hotel where they are alleged to have received sh.7,214,000 from Testimony Enterprise limited while having reasons to believe the amount was acquired from Kiambu County Government through a corrupt conduct.

Luka Waihinya Chief officer Roads, public works and utility is accused of using his office to improperly confer a benefit to Testimony Enterprise limited of Sh.588,198,328.20 by awarding the tender for upgrading of various roads within Kiambu county.

They appeared before Chief Magistrate Lawrence Mugambi at the Milimani Law Courts where they denied all the charges

The defence constituted of lawyer Tom Ojienda ,John Swaka and Nelson Harvey among others.

Ojienda submitted that all the accused persons be admitted to bail as the law is clear that where there are no compelling reasons the court will issue bail or bond unconditionally. He also urged the court not to impose conditions that will undermine the constitution and the duties of the accused person as the governor of kiambu county.

The court heard that the rest of the accused persons are civil servants of Kiambu county who can be classified as victims of circumstances earning Sh. 125,000 and therefore they do not have financial muscle to fly from the country.

Ojienda added that the tender in question to the construction of a road is actually complete up to 60% and the charges before court are about procurement and not none delivery to the tender awarded.

The prosecution led by Alexander Muteti did not oppose bail but told the court to order that Governor Waititu surrenders all travel documents before court and give suitable sureties and contact persons.

Muteti also urged the court to issue orders that the Governor does not return to the county offices pending trial. He added that just like all the accused persons will not go back to their offices the Governor too should not. ” Majority of witnesses are to be found within Kiambu county and therefore the Governor should not be allowed in the offices. If Samburu county can function without a Governor then kiambu can still do the same,” submitted Muteti.

The Magistrate made a ruling that since the defense made submissions for three hours the ruling on bail will be held tomorrow at 10.30am.

Bomet Governor Joyce Laboso dies at Nairobi Hospital

By

Dan Ojumah

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July 29, 2019

Bomet Governor Joyce Laboso passes on at Nairobi Hospital after a long battle with Cancer.

Laboso has been in and out of hospital since it first surfaced that she flew to London seeking treatment. She was admitted at Royal Madden NHS hospital in London where she was visited by Former Prime Minister and AU special envoy, Raila Odinga.

She was flown to India seeking further treatment when she was finally flown back to Kenya where she had been admitted in ICU for the past two weeks.

During her medical leave, Deputy Governor Hillary Barchok had been running county affairs.

Earlier today, her doctors at Nairobi Hospital had requested the public to limit visits to her ward, to make sure she gets ‘full rest’ before being pronounced dead.

She became a woman of many achievements in empowering women in Kenya; The first female governor since County government system was inaugurated and the first female deputy speaker of the National Assembly. She was also among the first girl of her community to study abroad scaling to Masters and PHD levels in University of Reading and University of Hull respectively.

Diamond’s Baby mama Tanasha and P-Square ‘clout’ chats exposed

By

Dan Ojumah

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July 29, 2019

BY STEPHANIE MWANGI – Sometime back Tanasha’s baby daddy Diamond Platinumz, while on live radio, accused Peter of P- Square of cheating with Zari while the two were still in a relationship.

In the chats Zari shared, Tanasha is asking one of the P- square member to post her on social media so she can get followers

”It would be nice to have some West African followers as well… might open more doors ’’ adding, ”you’d be doing me a huge favor but then no pressure ”

Peter proceeded to blue-tick her and she then texts this back:

Fair enough, I’ll take it as a NO, thanks anyway.

Peter gave a simple reply saying:

I can only post when it is your birthday or something sorry Hun … ouch

In her defense she said people are only trying to provoke her

Here is what she had to say in her insta-stories:

‘’ People never notice when you are constantly provoked and choose to remain silent but the minute you retaliate in the most civil manner possible ,you are the bad guy or the guilty one so I let them argue with themselves and believe what they want.’’

It is rather sad to see that people would do anything for clout come to think of it would it be the reason why she chose to do music because the baby daddy is a star?

Bomet County issues Restrictions to visiting ailing Governor Joyce Laboso

By

Dan Ojumah

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July 29, 2019

The county government of Bomet has issued a directive to Bomet county residents and other guests to limit their visits to the governor.

In a press statement, Ezra Kirui, in charge of communications has assured Kenyans that Governor Joyce Laboso is under observation and is expected to recover from an undisclosed illness.

Leaders and other concerned Kenyans have been speculating on the state of the governor’s health, thus visiting her on regular occasions. This has prompted the doctors in charge of her well-being to restrict the flurry of leaders coming to see the governor, claiming it may affect her speedy recovery.

Governor Laboso has been admitted in ICU for the last two weeks, since she returned from India, where she was receiving treatment. She is currently admitted at Nairobi Hospital. Deputy Governor Hillary Bachok has been left incharge of County affairs now for 46 days.

Heatwave: think it’s hot in Europe? The human body is already close to thermal limits elsewhere

By

Dan Ojumah

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July 29, 2019

I am a scientist who researches climate hazards. This week I have published research on the potential for a catastrophic cyclone-heatwave combo in the global south. Yet over the past few days I have been approached by various media outlets to talk not about that hazard, but about the unfolding UK heatwave and climate change. It is always satisfying to respond to public interest around weather extremes, but there is a danger that key messages about extreme heat globally are not receiving enough airtime.

It is by now very well established that hot extremes are more likely in the changed climate we are living in. Yet there is a seemingly unquenchable thirst for this story to be retold every time the UK sweats. Narratives around such acute, local events detract from critical messages about the global challenges from extreme heat.

Make no mistake, maximum temperatures of 35°C or more are hot by UK standards, but such conditions are familiar to around 80% of the world’s population. The headline-grabbing 46°C recently experienced by Britain’s neighbours in France is indeed unusual, but still falls short of the 50°C recorded in India earlier this summer, and is somewhat temperate relative to the 54°C confirmed for both Pakistan (in 2017) and Kuwait (in 2016). People in these hotter climates are better at coping with high temperatures, yet such heat still kills.

Deadly heatwaves are, of course, no stranger to Europeans. The infamous 2003 event claimed as many as 70,000 lives, and 2010 saw more than 50,000 fatalities in western Russia. Fortunately, lessons were learned and authorities are now much better prepared when heat-health alerts are issued.

But spare a thought for less fortunate communities who are routinely experiencing extraordinary temperatures. In places like South Asia and the Persian Gulf, the human body, despite all its remarkable thermal efficiencies, is often operating close to its limits.

And yes, there is a limit.

When the air temperature exceeds 35°C, the body relies on the evaporation of water – mainly through sweating – to keep core temperature at a safe level. This system works until the “wetbulb” temperature reaches 35°C. The wetbulb temperature includes the cooling effect of water evaporating from the thermometer, and so is normally much lower than the normal (“drybulb”) temperature reported in weather forecasts.

Once this wetbulb temperature threshold is crossed, the air is so full of water vapour that sweat no longer evaporates. Without the means to dissipate heat, our core temperature rises, irrespective of how much water we drink, how much shade we seek, or how much rest we take. Without respite, death follows – soonest for the very young, elderly or those with pre-existing medical conditions.

Wetbulb temperatures of 35°C have not yet been widely reported, but there is some evidence that they are starting to occur in Southwest Asia. Climate change then offers the prospect that some of the most densely populated regions on Earth could pass this threshold by the end of the century, with the Persian Gulf, South Asia, and most recently the North China Plain on the front line. These regions are, together, home to billions of people.

Beijing, on the northern edge of the North China Plain, set a new temperature record in 2018. maoyunping / shutterstock

As the climate warms in places like the UK, people can take sensible precautions against heat – slowing down, drinking more water, and seeking cool refuges. Air conditioning is one of the last lines of defence but comes with its own problems such as very high energy demands. By 2050, cooling systems are expected to increase electricity demand by an amount equivalent to the present capacity of the US, EU, and Japan combined.

Provided that electricity supplies can be maintained, living in chronically heat-stressed climates of the future may be viable. But with such dependence on this life-support system, a sustained power outage could be catastrophic.

Deadly combination

So what would happen if we combined massive blackouts with extreme heat? Two colleagues and I recently investigated the possibility of such a “grey swan” event – foreseeable but not yet fully experienced – in a global study of storms and heat, published in the journal Nature Climate Change.

We looked at tropical cyclones, which have already caused the biggest blackouts on Earth, with the months-long power failure in Puerto Rico after Hurricane Maria among the most serious. We found that as the climate warms it becomes ever more likely that these powerful cyclones would be followed by dangerous heat, and that such compound hazards would be expected every year if global warming reaches 4°C. During the emergency response to a tropical cyclone, keeping people cool would have to be as much a priority as providing clean drinking water.

The UK is moving into new territory when it comes to managing extreme heat. But the places that are already heat stressed will see the largest absolute increases in humid-heat with the smallest safety margin before reaching physical limits, and they are often least-equipped to adapt to the hazard. It is therefore hardly surprising that extreme heat drives migration. Such mass displacement makes extreme heat a worldwide issue. Little Britain will feel the consequence of conditions far away from its temperate shores.

The challenges ahead are stark. Adaptation has its limits. We must therefore maintain our global perspective on heat and pursue a global response, slashing greenhouse gas emissions to keep to the Paris warming limits. In this way, we have the greatest chance of averting deadly heat – home and abroad.

Click here to subscribe to our climate action newsletter. Climate change is inevitable. Our response to it isn’t.

Tom Matthews, Lecturer in Climate Science, Loughborough University

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Economic diplomacy can conquer poverty and create more jobs in Africa, President Kenyatta says

By

Dan Ojumah

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July 29, 2019

President Uhuru Kenyatta last evening said economic diplomacy offers the best opportunity to conquer poverty and joblessness in Africa.

He called on those in positions of power to provide quality leadership by getting actively involved in economic diplomacy that delivers opportunities for growth and transformation.

President Kenyatta spoke at Avani Victoria Falls Resort in the tourist town of Livingstone in Zambia, when he addressed the inaugural National Economic Summit (NES) at the invitation of President Dr Edgar Lungu.

Economic diplomacy is an engine that developing countries are employing to drive faster economic development especially in Africa. It is becoming a major theme of the external relations of virtually all countries. Economic Diplomacy promotes a country’s foreign and financial relations in support of its foreign policy.

Current trends include increasing collaboration between state and non-official agencies, and increased importance given to World Trade Organization issues, the negotiation of free trade and preferential trade agreements, and accords covering investments, avoidance of double taxation and financial services among others.

President Kenyatta was the only sitting Head of State invited to the summit also attended by former Tanzanian President Dr Jakaya Mrisho Kikwete.

President Kenyatta, who is in Zambia on a two-day official visit said that for economic diplomacy to succeed in Africa, leaders must bring on board all relevant stakeholders including the private sector to ensure synergy of all actors.

“This combined strength enables us to maximize on the use of the available scarce resources,” the President said.

The Head of State said economic diplomacy has become a priority for many countries worldwide adding that African countries are not in competition with each other and are only interested in strengthening connectivity across the continent.

“Economic Diplomacy in Africa offers an opportunity to focus on the entire ecosystem for driving the prosperity agenda for our countries,” he said.

President Kenyatta who was the keynote speaker at the national conference, invited Zambia Airways to start flying to Nairobi, emphasizing that competition is good for growth and called on African countries to stop blocking access to their markets.

The President said the current attention on intra-Africa trade, investment and commercial agenda is responding to the reality of a globalized world.

He pointed out five fundamental realities that underline the importance of economic diplomacy in Africa, including the fact that more than 95 percent of the world trade is being transacted outside of the African continent.

The President singled out the high cost of doing business in Africa and the many barriers that exports from the continent face in global markets as some of the challenges leaders must address.

“Africa is the only continent that has the least trade and investment with itself,” President Kenyatta observed adding that the continent is the most affected by the new challenges of globalization, supply chains, data flows and block chains.

On the positive side, the Head of State observed that African cities are fast becoming the new global engines of economic growth.

“The rate of economic growth in the global South far exceeds the one in the global north and is essentially located in developing countries and in particular on the continent of Africa,” he said.

The more than 65 per cent of uncultivated arable land in Africa, the President said, presents a huge opportunity for increased agricultural production on the continent to feed itself and the rest of the world.

The President, who was invited to the summit during the recent COMESA summit in Nairobi by President Lungu, said he was greatly honoured to be the key-note speaker at the forum especially now that Africa is rolling out the African Continental Free Trade Agreement (AfCTA).

“This Summit stands in good stead to take forward some of the discussions and commitments to grow regional and intra-regional African trade,” said the President.

The two-day summit themed, ‘the future of Economic Diplomacy’ sought to establish how economic policies, bilateral trade and investment agreements, and international organizations anchor inclusive growth and sustainable development in Africa.

President Kenyatta thanked his host for the invitation to the forum saying Zambia and Kenya share a common aspiration of economic growth and national transformation for the benefit of their citizens.

“This Summit is opportune and timely. Let us use it constructively to generate ideas and feasible solutions that can take Zambia and our Continent forward,” the President told the participants that grouped together top captains of industry, academia, civil society , government and international stakeholders.

“Because we share the same aspirations, Kenya and Zambia support each other’s growth and development processes and have been strategic and cooperative partners,” he added.

President Lungu said his country will remain committed to the continued bilateral cooperation with Kenya adding that his administration is keen to ensure the prosperity of the entire continent.

Besides seeking solutions for the economic challenges facing Zambia and the African continent, the forum also sought to fashion homegrown solutions for sustainable economic development.

Kenya and Zambia enjoy warm relations driven largely by deep commercial ties and and people-to-people interactions. The two countries cooperate in many areas including agriculture, tourism, education, ICTs, transport, trade, investment and regional security.

Facts about Bob Collymore and Hon. Ken Okoth’s Cancer Journeys

By

Dan Ojumah

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July 29, 2019

BY STEPHANIE MWANGI – Not long ago, Kenya lost two prominent people in a month; Bob Collymore, the former Safaricom CEO and the Kibra Member of Parliament, Ken Okoth to cancer.

One Kenyan tweeted : ‘this year, this month Kenya has lost two of the most brilliant minds in the political space and corporate sphere respectively due to cancer ‘it’s time we embraced this serious fight against this disease. Ken and Bob were the epitome of good leadership.’

Surprisingly these two leaders did have so much in common and we sure did highlight them below

They both knew their time was near

Bob did know that his end was near and so did Ken, because he said that if his condition worsened, he shouldn’t be put on machines. They both said that the cancer in them cannot be treated but can only be managed.

They had been misdiagnosed

Bob was said to have vitamin D deficiency before travelling abroad. When he went back, He was diagnosed with Acute Myeloid Leukemia. Before being diagnosed with cancer Ken was treated for ulcers and bacterial infections, but he did experience weight loss and abdominal pain.

Their wives stuck with them through that period

They all did go abroad to seek treatment, managed it, but eventually, they came back home to their supportive wives who cared for them through their period of sickness.

Despite their stay abroad seeking for treatment, they both had their final bow with their family around and in Kenya where they call home despite them spending their entire lives abroad getting treatment.

What then do we make of this, despite your fate, you have to stick close to your family and love it. Cancer might be the end of your life but what’s important is to stay positive and loving, as did both of these great gentlemen.

Kawangware man who stole hotel sufurias, Released on a Ksh 100,000 bond

By

Dan Ojumah

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July 29, 2019

BY LYNN KYALO – A Kibera court today released a man charged with stealing two sufurias and two dining tables belonging to his girlfriend’s hotel, on a bond of Sh 100,000.

Rodgers Kagwegwe was released by Kibera Chief Magistrate Joyce Gandani after he pleaded not guilty to the offence. He was accused of sneaking into the hotel in Kabiria, Kawangware, belonging to Nancy Amukoya using a master key and made away with said items.

He allegedly contacted the complainant through a mobile phone and made sure that he was not around. Rogers then stole metallic seats among other items totaling to Sh 100,000.

He was arrested after neighbors who saw him committing the offence made an urgent call to the complainant who contacted the police officers at Kilimani on time and nabbed him to Kilimanai police station.

Today he told court that the complainant was his good friend and they had stayed well for years.

He said that the items he took from the house were his own partly as he had borrowed them from the complainant so as to prepare for his visitors who were coming two days ahead.

He requested court for forgiveness and said that he will never repeat the mistake again. He asked court for lenient bond terms so that he be released on time to go and fend for his wife and children.

The Magistrate released him on a bond of Sh 100,000 and a cash bail of Sh 40,000

Gandani directed the matter to be mention on August 24 for the accused to be supplied with witness statements and documentary evidence.

She also directed the matter to be heard on September 5th 2019.