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{UAH} Kasese local artist ‘Kahyana’ jailed for singing out against Chrispus Kiyonga

 Kasese renown artist Jolly Kahyana has been detained for one-and-half months for composing and singing a song against NRA historical member Dr Chrispus Kiyonga.  Mr Kahyana was arrested in May, 2020, detained in Mubuku prison and he has been released on court bail after a couple of weeks.

The song is against former Uganda defence minister Kiyonga's parliamentary bid in 2021.

According to the song, Mr Kahyana asks former defence minister to step down for Atkins Katushabe.

"Dr Kiyonga is fake and doesn't act an example as an old man giving room for the young leaders,' says Mr Kahyana in the song.

Mr Kahyana further states; "Thus leaving his job as ambassador of Uganda to China and coming to contest again is unwise".


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{UAH} Why president Museveni cannot make a mistake to allow Dr Aggrey Kiyingi to Uganda, says political analysts

A week ago Ugandan Cardiologist based in Australia Dr Aggrey Kiyingi opposed the 2020/21 electoral road map of the Electoral Commission that recommended presidential scientific polls in 2021.

Dr Kiyingi while addressing the nation on radio Munansi (www.radiomunansi.com) he said that the proposed 'Scientific Election' was an escape route for president Yoweri Kaguta Museveni who has become very unpopular in the country according to him.

Our reliable source close to Australia based Cardiologist revealed that, president aspirant Dr Kiyingi is planning his return to Uganda for the first time since 2007.

Uganda political analysts say that intelligent Museveni cannot make a mistake to allow the Uganda Federal Democratic Organisation (UFDO) chairman to return to Uganda at this critical time.

Among reasons why president Museveni fears Dr Kiyingi return according to political scientists are;

ONE, Dr while is in good books of the Buganda Kingdom which is based in the central region that controls the economy and political status of the country.

In May 2002, Dr Kiyingi initiated a 10b fund to promote computer awareness in the country.

He founded Dehezi International, a Kampala-based computer and Internet service provider which led a campaign to provide computers to schools and other organizations at lower costs and also donations.

Through this program he was targeting all Uganda's young population to learn computer, due to the digitalisation of the world.

It was Dehezi International that designed the Central Broadcasting Services Ltd (CBS, Mengo based FM radio station website, www.cbsfmbuganda.com, which was launched in 2002.

The platform became an interactive medium through which listeners can tune-in to the radio over the Internet.

His efforts to digitalise Kabaka's CBS radio won him much love among the Buganda.

Secondary Dr Kiyingi is loved by the clergy at Namirembe, the seat of the Anglican Church.

Whisper Eye was also reliably informed that Dr Kiyingi has funded many projects under the Church of Uganda.

His relationship with the born Again churches scared government security agents, who made reports against him.

Further more, Dr Kiyingi has internationally portrayed the wrong doings of Kampala government.

When the government issued an Interpol Red Notice for him.

And sent a government delegation to Australia, claiming that he was on a wanted list of ADF (rebel group) there was no proof of the allegations.

According to Dr Kiyingi says all these allegations are intended to prevent him to contest with president Museveni, saying that in fear of defeat.

On various occasions Dr Kiyingi has accused Ugandan president for engaging in regional wars which has disrupted peace.

Dr Kiyingi is also one of the city socialites.

He loves to attend social events whenever he is in Kampala.

And whenever he attends such functions, a free man who dishes money which acts are loved by the youths.

Political analyst have said that President Museveni, the worst mistake he can do is to allow Dr Kiyingi to return to Uganda.

Mr Sewino Lawrence a political analyst told Whisper Eye News that Dr Kiyingi is well established, with connection, across the world.

"He is respected person, one of best Cardiologist in the world. If he returns to Uganda he can give president Museveni sleepless nights,' says Mr Sewino.

"The only way to contain Dr Kiyingi is detach him from Ugandans. Mr Museveni is making sure that he has no contact with the people, he added."

Dr Kiyingi's caliber can cause havoc to the government if he is allowed to Uganda, according to Mr Sewino.

"It is the reason why the government put up fake charges against him, to Justify the intention of denying him his rights and connection to the people, Mr Sewino added.


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{UAH} 2021 Race: DP’s Nabukenya Brenda energies camp to reclaim Luweero Woman MP seat

Democratic Party (DP) Luweero Woman MP aspirant Hon Nabukenya has embarked on her campaign to reclaim the parliamentary seat from ruling National Resistance Movement (NRM).

Hon Nabukenya has met several teams in the district as part of her revised plan for the 2021 general elections.

On Saturday a number youths from NRM in Wobulenzi town Council joined Nabukenya arguing that the government has not helped them during this period of lock down due to Covid-19.

Eng Nakate polled 56,573 against Nabukenya's 53,558 votes in 2016.

The Uganda Young Democrats (UYD) secretary for Social Welfare Mr Ssambwa Timothy, who doubles as the the UYD coordinator in Nabukenya's camp, told Whisper Eye that the team has prepared enough to defeat incumbent NRM MP Eng Nakate.

"The previous election in 2016 was galvanized with ballot stuffing, intimidation and vote bribery,'says Mr Ssambwa.

"We are working upon training our agents on how to guard the votes, and protect Declaration Forms (DR Forms), Mr Ssambwa added."

However Nabukenya has uphill task as new entrants and old guards are also eyeing the seat.


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{UAH} SIX WEEKS, SIX CITIES, 600 MURDERS

Six Weeks, Six Cities, 600 Murders

Kevin McCullough

 

Posted: Jul 05, 2020 11:00 AM

 

Source: AP Photo/Seth Wenig

  

The single most important domestic issue of our time is not the rising number of new people testing positive for COVID-19. Deaths have hit all-time lows.

The single most important domestic issue of our time is not even the continued economic hardship of a nation that was artificially shut down and sent spiraling into a faux recession. Millions of jobs have been added over the past 60 days and the skyrocketing unemployment has turned around to nearly where it was percent wise in most of the Obama early years (11.1 vs 9.9.)

Nope!

The single most important issue, affecting some of the largest swaths of populations in America, is the scandal the media ignores even as it explodes in our faces.

In only six weeks, city after city operated by entrenched Democrats have seen a massive expansion in lawlessness, violence, and murder. Stunningly, many news outlets seem gobsmacked and mystified at how or why such an explosion of lawlessness has occurred.

For the sake of brevity, let’s sample six of the nation’s largest cities, including all of the top three.

New York:

The Democratic mayor has long been understood as anti-police. His wife recently imagined the city as “Nirvana” if the NYPD were eliminated altogether.

Thus far in 2020, homicides are up 21 percent. Shootings are up by 46 percent. The Democratic mayor’s agenda included emptying the prison known as Rikers Island, bail reform letting perps walk before the paperwork is completed, and the effort to #DefundPolice that took 600 anti-crime units out of commission.

June saw disturbing trends. An increase in the month’s first week by 250 percent of homicides, and a 56 percent increase in shootings. Following the death of George Floyd in May the LAPD received a $150 million cut. 

Chicago:

Year-to-date shootings have eclipsed 1,508 for 2020, putting them 350 ahead of 2019. To date homicides sit at 254, placing them ahead of 2019. Important to note that the Cook County board voted in favor of defunding police. Eleven city alderman raced to the fore to demand that not a single penny of $333 million in federal dollars not go to police, and various proposals are being considered to cut current funding by more than $30 million in current spending.

Washington, D.C.

Year-to-date homicide numbers are 13 percent higher than this time a year ago. Nevertheless, the District PD is slated to be defunded by more than $15 million.

Philadelphia:

Shootings are up 67 percent. Victims of armed violence are up 29 percent. Homicides are up 25 percent. So of course it makes sense to defund the Philadelphia PD by $19 million.

Baltimore:

As consistently one of the most dangerous cities in America with a five-year streak of more than 300 murders, last year Baltimore set a new record at 348 homicides. Yet in 2020 they outpace last year’s record and will see defunding to the effect of $22 million.

As I said there are many more that I could highlight for you.

So why did all of these cities take such violent turns? Is it because their leadership capitulated to the anger of the mobs as opposed to thinking clearly and strategically about an effective response?

Or do these Democrat-run towns literally operate with denial in good and evil?

How else can you explain that in the city of Minneapolis (where a nation watched in horror and subsequently responded to the murder of an innocent man) that within 30 days they would record 1,600 shots fired? But then respond by voting to dismantle its police operations all together?

The single most important threat to our nation at this moment are Democrats who are voting in favor of eliminating law enforcement and who are by extension responsible for the greater and greater increase in the loss of life.

They are allowing Marxists and Anarchists to create complete chaos and disorder. They also seem utterly unconcerned about any lives mattering, black or white.

They appear to be holding on to an idea that they are not impacted by the scum and villainy at play under their jurisdiction. 

They even perhaps believe that this is all worth it, if it will allow them to have electoral success in the fall.

If so, they need to brace themselves for three basic truths.

It’s time they learn the truth

It’s time they be held accountable.

And...It’s time to stop them!

EM         -> { Trump for 2020 }

On the 49th Parallel          

                 Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy"
                    
Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika machafuko"

 

{UAH} How MP Mpuuga smuggled Bobi Wine to Kabaka Mutebi to fix the controversial CBS radio talk show

Masaka municipality legislator hon Mathias Mpuuga Nsamba, together with People Power, Our Power Movement Kyagulanyi Robert Ssentamu met Kabaka Ronald Muwenda Mutebi II in his Banda palace recently.

A reliable source told Whisper Eye news, that MP Kyagulanyi and Hon Mpuuga met Kabaka Mutebi and discussed a number of key issues.

Among the discussion, Kyadondo East legislator mentioned how he has spent three years without appearing on CBS radio.

The source further told us, that Kabaka Mutebi ordered a special talk show for his royal subject 'Omubanda wa Kabaka' Kyagulanyi also popularly known as Bobi Wine.

Before, Hon Kyagulanyi and MP Mpuuga left the Banda Palace, Saturday popular radio program on the Central Broadcasting Services Ltd (CBS) FM 'Palamenti Yaffe' was secured.

With in a space of three years, this is the second time Mr Wine to meet Kabaka Mutebi secretly.

Those who followed the program, the moderator (Haji Meddie Nsereko Ssebuliba) was timid and that is not the Nsereko known for asking tough questions.

Bobi Wine was too confident and speaking freely, and boldly because he had received green lights from Kabaka Mutebi to appear again on the program.

However the government spokesman Ofwono Opondo waters down Mr Wine's presentation on CBS, saying that "Bob is a barking dog, which can not bite".


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{UAH} To obtain by false pretenses: The story of Mulindwa Edward’s life

To obtain by false pretenses: The story of Mulindwa Edward's life

 

The unfortunate story of Mulindwa Edward

 

Mulindwa Edward is a hustler. He lives in Githurai 45. It's hard to live in the city, especially when you don't have a well-paying job, or a business that brings in a considerable amount of income. Mulindwa Edward also has a young family: together with his wife Annet Kobusingye, they have two daughters ages 3 and 5 and they are expecting their third child. Mulindwa Edward has many side hustles. One of them is that he acts as a middle man for anyone who has anything to sell or buy. He acts as an agent/broker. Depending on who engaged him, Mulindwa Edward makes a commission from the sale/purchase.

 

Bad luck often comes uninvited. It is like a gate crusher. On a Friday morning, the police knocked on Mulindwa Edward's door and picked him up for an undisclosed crime. Mulindwa Edward is used to these arrests because of the nature of this particular hustle: being a broker for the sale/purchase of anything. Sometimes he is charged with possession of stolen goods, other times he is charged with fraud. The charges rarely stick because the police often realize that they have the wrong guy: a hustler who simply earns a commission from what others sell/buy. However, the police have never picked him up at night. This is why Mulindwa Edward is freaked out. He spent the night in the small, dingy, crowded cell which had a bucket for a toilet.

 

This morning, Mulindwa Edward was interrogated by an officer and later charged with obtaining by false pretenses. Recently, Mulindwa Edward sold a 32" LCD Samsung TV to Haile. He sold it at 25,000kes. It was used, and quite old. The owner, Mrembo, needed some quick cash to pay off some people she owed money. What Otto Patrick did not disclose is that sometimes, the TV blacks out and does not show any picture except the sound. Other times, the TV on its own goes mute yet the picture is showing. Haile does not think he got value for his money. He says that the purchase was a rip off. Otto Patrick previously promised to return the money but has constantly broken her promise. When Haile calls her phone, she doesn't pick. Yesterday, her phone was unavailable, the whole day. Haile suspects Otto Patrick has blocked his calls and does not want to refund his hard earned money.

 

So, Haile went to the police yesterday, and reported Otto Patrick and Mulindwa Edward. They sold to him a fake TV. It does not show the picture sometimes, and other times, it acts like a dead mute. The police picked up Mulindwa Edward, they cannot find Otto Patrick. It is on the above basis that Mulindwa Edward is charged with obtaining by false pretenses. According to the investigating officer, Mulindwa Edward earned a commission on a sale of a TV, which TV wasn't fit for the purpose for which it was bought. As such, Mulindwa Edward got (obtained) a commission on a false sale of a TV (by false pretenses)

 

What does the law say?

 

Section 313 of the Penal Code provides that:

 

 "Any person who by any false pretence, and with intent to defraud, obtains from any other person  anything capable of being stolen, or induces any other person to deliver to any person anything capable of being stolen, is guilty of a misdemeanour and is liable to imprisonment for three years."

 

From the above section, the essential elements of the offence of obtaining by false pretenses are:

 

    Obtaining something capable of being stolen

    Obtaining the money through a false pretence

    Obtaining the money with intention to defraud

 

Section 312 of the Penal Code also defines "false pretense" as

 

 "Any representation, made by words, writing or conduct, of a matter of fact, either past or present, which representation is false in fact, and which the person making \ it knows to be false or does not believe to be true, is a false pretence."

 

In the above definition, the word "representation" is of great importance. It is a representation by words, writing or conduct, a representation in either past or present, a representation that is false, a representation made knowing it to be false or believed not to be true.

 

Clearly, from what the law says, the offence of obtaining by false pretenses does not relate to events in the future. In the case of Oware V. Republic (1984) KLR 2001, Court decided:

 

"A representation as to a future event cannot support a charge of obtaining money by false pretenses.  In the above mentioned the case of R. V. Dent (1955) 2. Q.B. PP 594/5 was referred to and in which case Devlin, J.:-

 

"a long course of authorities in criminal cases has laid down that a statement of intention about future conduct, whether or not it be a statement of existing fact, is not such a statement as will amount to a false pretence in criminal law.""                              

 

Relevance of the law:

 

It now must be ascertained whether Mulindwa Edward knew this TV to be unfit for the purpose for which it was bought. Did Mulindwa Edward falsify any information pertaining to the "health" of the TV?

 

That will be for the court to decide. We can however make an opinion on the same.

 

If Mulindwa Edward knew about the health of the TV, and made a false representation to Haile that it was of excellent quality, then he is liable for obtaining by false pretenses. However, Otto Patrick should be enjoined as an accused so that Haile can recover his money or the value for his money.

 

What about civil remedies?

 

The truth is that this claim arises out of a commercial transaction. Haile still has remedies in a civil court against Otto Patrick for selling to him goods which are not fit for the purpose they were bought.   Any civil remedy to Haile may be enforced under the Sale of Goods Act, Cap 31 and the Consumer Protection Act 2012

 

Section 16 (a) – (b) of the Sale of Goods Act provides that

 

No implied warranty as to fitness, except in certain cases

 

Subject to the provisions of this Act and of any Act in that behalf, there is no implied warranty or condition as to the quality or fitness for any particular purpose of goods supplied under a contract of sale, except as follows—      

 

    where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, so as to show that the buyer relies on the seller's skill or judgment, and the goods are of a description which it is in the course of the seller's business to supply (whether he be the manufacturer or not), there is an implied condition that the goods shall be reasonably fit for that purpose:

 

Provided that in the case of a contract for the sale of a specified article under its patent or other trade name, there is no implied condition as to its fitness for any particular purpose;  

 

    where goods are bought by description from a seller who deals in goods of that description (whether he be the manufacturer or not), there is an implied condition that the goods shall be of merchantable quality:

 

Provided that if the buyer has examined the goods, there shall be no implied condition as regards defects which that examination ought to have revealed;

 

Sections 12, 13, and 15 of the Consumer Protection Act 2012 also have a basis for Haile's possible civil claim

 

Suffice to note, such claims are tortious and the aggrieved person can seek remedies either in a civil or a criminal court.

 

The hustle in every city should be real. Knowledge of the laws that affect your hustle will keep you safe and away from the pain that may come from non-compliance and ignorance of the law.

 

Keep it real!


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{UAH} Planeload of Kalashnikovs sends warning to world over Ethiopia’s massive new dam

https://str8talkmagazine.com/index.php/2020/07/05/planeload-of-kalashnikovs-sends-warning-to-world-over-ethiopias-massive-new-dam/  
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{UAH} New Robot Makes Soldiers Obsolete (Corridor Digital)

New Robot Makes Soldiers Obsolete (Corridor Digital)


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{UAH} When a witness turns hostile

      When a witness turns hostile

Counsel O, like I like to call him, called me last week. It is not unusual for fellow Counsel to call but because I had not spoken with him in a while, I was concerned. His voice trembled. His words were panicky.

'Have you had a hostile witness before?' He asked me.

'No.'

I am very hesitant to share private legal experiences, unless of course it is not forbidden to do so. The life of a lawyer depends on how she/he trades in the clients' matters; and the Principle of Confidentiality protects us more than it chains us.

'Help me, please,' he continued. 'I have a matter before Commercial C (read court – our slang) and my client's transaction may be cancelled because a witness to that transaction just stopped cooperating.'

When I enquired of the type of transaction, he told me that it was a real estate transaction involving a non-citizen; the subject matter (acres of land) had lots of leases; and the money involved was in hefty dollars.

'Give me half an hour,' I responded. It is not strange for us to ask for recess because we must recuperate from such surprises.

Hostile witnesses are not good. We don't anticipate them when we have a clear case. But from training, we have learnt to be ready, always. We have also learnt that asking for help from fellow counsel and calling on court to adjourn is better than burying justice with simple panicky mistakes.

So, Counsel O sought a recess and in no time, we had solved his hostile situation.

Who is a witness?

A witness is a person who claims to know or actually does have knowledge of an event or happening.

A witness can voluntarily surrender information or be compelled to do so by court. If he/she is summoned to testify, the act (and document used to summon him/her) is a Subpoena.

The testimony may be written or oral. The usual practice is to have a witness write (which lawyers do, ordinarily), sign and file (lawyer's job, too) in court regarding certain facts of a case.

When a witness statement is filed, it is that information that the court uses to verify the accounts relating to the case at hand. In most cases, when the witness is called upon to testify, he/she will be reiterating what he/she wrote or signed.

Unfortunately, for various reasons, witnesses can deny knowledge of the witness statements or the information therein. This is where a witness turns 'hostile'.

 Categories of witnesses

 Eye witness: One who gives a physical account of what he/she saw (can also be by other body senses) transpiring. It does not matter if they were physically at the scene as long as he/she can confirm that whatever sense he/she used got the events first-hand as they happened.

 Hearsay witness: This one testifies that he/she received the account from someone who actually saw it or witnessed the event happening. Hearsay testimonies are stretchy and courts disregard them or take them seriously with much scrutiny. However, when an eye witness is an unavailable, say dead [dying declaration], hearsay witness accounts are duly considered. They may be corroborated (supported) by further evidence, however.

An expert witness: This witness is one who alleges to have special (professional/skilled) knowledge relevant to the case. For instance, court will call a gynecologist to explain certain aspects of female body reactions to a caesarian section or conception or birth defects since he/she has been trained as a gynecologist.

 Character witness: Also known as a reputation witness is one who testifies about the persona/traits or social status of a party to a case.

 The other witness is a hostile witness. But,

 Who is a hostile witness?

 A hostile witness is a witness who during trial gives opposing testimony unfavourable to the party that called him to testify.

He/she, literally changes his/her testimony when called to testify in court. He gives the opposite or unfavourable accounts from the one that he/she gave to the party that called him/her to testify on their behalf.

Sometimes, the hostility is in his/her body language which may show lack of knowledge of the case, disbelief in the party's innocence/account, questionable innuendos that may be prejudicial to the party that called him/her.

Courts consider the body language of all persons involved in a case. You will be amazed at how many cases turn sour if any party acted contrary to what he/she alleges. (See Order 18 Rule 10 of Uganda's Civil Procedure Rules S.I 71-3)

Court process when there is a hostile witness

In examining witnesses, the party (often through Counsel) that called the witness may ask direct [legal term] questions to help the witness recount his testimony in court.

Counsel is trained to handle his/her own witness. He will not ask 'leading' [legal term] questions that appear as if Counsel is the one giving the testimony.

Instead, he will ask the witness to answer questions that inevitably favour his client.

Questions like:

'Where were you meeting when the parties signed the contract?'

'How did you react when you saw them shake hands after signing the contract?'

'What did you do thereafter when you were given your share of the Agency fee?'

'Who took the money that was paid to the Vendor?'

'When did you leave the parties after you received your share of the deal?'

These questions do not suggest the answer but from inference, you can tell that the lawyer and the witness already know the account of the story that they want tell court.

They are open –ended and chances of the witness giving different answers from what you expect are very high.

However, Counsel is careful enough not to suggest the answer or give it himself because he was not there when the parties were contracting the deal.

If the witness is favourable, he will tell the story by answering those questions in favour of Counsel's client.

However,

When the witness does not answer as expected from Counsel (not that Counsel told him to answer as such), Counsel will be forced to react with panic and spite because it makes his work tedious. The witness may give a different account. For example;

'I do not remember being at the transaction.' [When the witness was present according to Counsel's client's account].

'I was not given any money from the transaction.' [When he actually was given]

This witness is hostile. What Counsel does is to request court to declare the witness 'hostile' and thereafter, question him in a way that pins him on scene.

Questions like these are what we call 'leading' questions. They usually require a 'yes' or 'no' answer. So, a liar would be caught in his lie, just as a hostile witness will be blamed for lying on oath to court, which becomes a crime 'Perjury'.

Leading questions sound like:

'Did you or did you not receive the Agency fee in a brown envelope sealed with a white slip?'

'Didn't you call on the waitress to serve you guacamole and vegetable samosas with African tea after the parties signed the contract and the money exchanged hands?'

From the above questions, you can tell that Counsel knew the facts but did not want to be the witness (disallowed in law). Counsel resorted to asking leading questions to show court that the witness knew the true account but is changing it to affect Counsel's client's case/defence.

The Ugandan position on hostile witnesses

The Civil Procedure Rules S.I 71-3 of Uganda regulates the manner in which court process handles witnesses. Under Order 16, the law provides for 'Summoning and attendance of witnesses'.

Order 16 Rule 7 states that;

'Any person present in court may be required by the court to give evidence or to produce any document then and there in his or her possession or power.'

Witnesses follow due process. They are often informed of the court matter and generally attend court to witness how the matter is handled. When they are compelled to testify, they have the obligation to give true accounts of the facts.

Unfortunately for Counsel O, his witness deliberately gave a false account, different from the one that he gave Counsel O while they prepared for their defence. That means he turned hostile.

Counsel's available remedy when a witness turns hostile

During trial, Counsel will request court to declare his witness 'hostile' and ask him 'leading' questions (section 140 of the Evidence Act, cap 6) to show his hostility.

He may also request court to strike off that witness' account [witness statement]. If the statement is vital, he will notify court of the key issues court must look at and which ones it must disregard.

While making final submissions, Counsel will remind court that a witness turned hostile and notify court of the prejudice that action made against his client.

Under the Evidence Act, cap 6 of Uganda, the law provides for who should testify (section 117), as a person who is mentally competent to testify. He/she may be an accomplice (section 132) and these frequently are susceptible to becoming hostile.

Counsel is also allowed to evoke Section 154 in case of the following grounds;

  • That the witness has become 'unworthy of credit';
  • 'Witness has been bribed, or has accepted the offer of a bribe, or has received any other corrupt inducement to give his or her evidence';
  • 'By proof of former statements inconsistent with any part of his or her evidence which is liable to be contradicted'.

A hostile witness versus a witness who fails to appear to testify

Turning hostile is different from failing to appear to give a testimony. These two differing positions are handled separately and differently by court and each has its own implication.

Whereas a witness who fails to appear in court may be subpoenaed to attend or arrested once a warrant of arrest is issued, a hostile witness may be held in contempt immediately because of his/her presence in court at the time he/she turns hostile; and often at the time Counsel declares him/her hostile.

Conclusion

Hostile witnesses are rare occurrences but very possible. In critical matters, they appear when some *intimidation, *threats etc have been made against them or *bribery given to them to alter the course of the trial.

For Counsel O, I'm glad that he handled the matter well and will be ready next time he faces hostility from a witness. And hopefully, after the injunction, his client will receive his property when court examines the evidence on record, in his favour.

BY ATUHAIRWE AGRACE


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{UAH} Key civic facts about Kenya

Key civic facts about Kenya

The facts below about Kenya are stated under chapter 2 of the Constitution of 2010. Kenya is a sovereign multi-party democratic state.  Sovereignty refers to the autonomy of a country, in such a way that no other country in the world is warranted to interfere in its matters without state invitation. More so, sovereignty is an international law principle which guarantees the independence of every country in such a way that every country which does not respect the sovereignty of another country, say by invading it, or by interfering with the other country's domestic affairs, is considered to be in breach of international law. For example, Russia will be said to have violated the sovereignty of the United States of America when it is conclusively established that she interfered in the latter's presidential election.

The country is divided into 47 counties which are all distinct from and interdependent on the national government. To facilitate the smooth running of county governments, every state organ is tasked to ensure reasonable access of its services in all parts of the country. The division of the country into 47 countries is for devolution of government power, authority and resources to a lower level. For example, every county is said to have a referral hospital which is a change from the time before devolution when the country had one national referral hospital. Such an arrangement makes it easier for the people to access medical care, more jobs are created, and there is a reduction in the mortality rate, and increase in life expectancy and a general improvement in household incomes.

Kiswahili is the national language, and the official languages are Kiswahili and English. In relation to languages, the state is obliged to:

  1. promote and protect the diversity of language of the people of Kenya; and
  2. promote the development and use of indigenous languages, Kenyan Sign language, Braille and other communication formats and technologies accessible to persons with disabilities.

The relevance of a national language is that it fosters unity across the country because it is often said that a nation that speaks one language is one nation, indeed. One Kenya, One People.

Kenya does not have a state religion. The constitution also guarantees freedom of worship. Modern democracies do not usually adopt state religions because if a religion is adopted by the state, it may seem that the people have been stripped of their right to practice any faith or creed or religion. Religion, like tribe is a divisive factor and the non-adoption of a state religion helps to do away with possible cases of discrimination on the basis of religion.

The national symbols are—

  1. the national flag;
  2. the national anthem;
  3. the coat of arms; and
  4. the public seal.

National symbols must be respected. For example, when the national anthem is being sung, all people must stand to attention and not move about aimlessly, or if they are unable to stand, they must raise their right arm, straight. The national days are Madaraka Day, to be observed on 1st June; Mashujaa Day, to be observed on 20th October; and Jamhuri Day, to be observed on 12th December.  As law, a national day is a public holiday. Madaraka day is a celebration of the independence of the country from the British colonial rule. Mashujaa day is a celebration of the all those who have contributed to the well-being of the nation, the heroes of the country: from those who fought for independence from the British under the Mau Mau Rebellion to those who still make a significant contribution to the social, economic and political welfare of the people of Kenya. It is a heroes day. Jamhuri day is the celebration of the day the country became an independent republic, free from all colonial overtones. It is almost like Madaraka day, but they are easily distinguishable.

The national values and principles of governance as provided under the constitution bind all state organs, state officers, public officers and all persons. They are relevant when:

Applying or interpreting the Constitution; enacting, applying or interpreting any law; or making or implementing public policy decisions.

National values and principles of governance include—

  1. patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people;
  2. human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised;
  3. good governance, integrity, transparency and accountability; and
  4. sustainable development.

The people of Kenya must therefore love their country, and serve it. The country must practice democracy, full time: rule of law, checks and balances, separation of powers; and all people in Kenya must be treated with dignity. Their human rights as stated under the Bill of Rights are inherent and not given by the state. As such the people must treat each other with dignity, there must be inclusiveness (to address historical injustices) and all people are equal. Public officials must deliver their duties with integrity, and must account for the resources they manage. Pursuant to this, the Ethics and Anti-Corruption Commission though often compromised is in place to bring public officials to book and account. Sustainable development is an environmental concept that requires the current generation to fully utilize the nations natural resources such as lakes, rivers, minerals in the ground and others but putting in consideration the fact that the generation on future must be able to utilize the same resources too. Sustainable development is a call for utilization of national resources for the benefit of posterity. Noncompliance with these national values is tantamount to breach of the constitution. Chapter six of the constitution further breaks down these values and sets the record straight in terms of the qualities required from a public officer.

Under the constitution, the State is required to:

  1. promote all forms of national and cultural expression through literature, the arts, traditional celebrations, science, communication, information, mass media, publications, libraries and other cultural heritage;
  2. recognise the role of science and indigenous technologies in the development of the nation; and
  3. promote the intellectual property rights of the people of Kenya.

The above can only be done through the organs of the states. The executive must implement policies which are in line with the above, the judiciary must decide cases that favour the promotion of culture, the advancement of science and those that conserve our natural heritage, and parliament must enact legislation meant to ensure that communities receive compensation or royalties for the use of their cultures and cultural heritage; and those recognise and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by the communities of Kenya.


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{UAH} 10 Brands that once rocked the Ugandan Market.

10 Brands that once rocked the Ugandan Market.
1. Vodafone
2.Wbs TV
3. Alexander Forbes
4. Jomayi Properties
5. Katumwa Sports Center
6. Giant Eagle
7. Nile Bank
8. Crane Bank
10. Kwesi TV

2020 is the year of Enterprenual survival. Dont allow to be part of the statistics.


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{UAH} THE COUNTDOWN TO THE 30 BEST JOE BIDEN'S BLOOPERS, BLANDERS AND GAFFES

 

Joe Biden's Bloopers, Blunders, and Gaffes The TOP 30 ...

 

EM         -> { Trump for 2020 }

On the 49th Parallel          

                 Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy"
                    
Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika machafuko"

 

{UAH} FDC readies former Makerere don for MP run

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{UAH} Dr Roy Mayega unleashes sucker punch for Kabuleta

Dr Roy Mayega unleashes sucker punch for Kabuleta

The week after Pope Francis' visit to Uganda, Joseph Kabuleta went on the airwaves of one of the radio stations and this is EXACTLY what he said: "I do not give a damn about the Pope. Even if he were in the room just next to me, I would not bother to say hello. He is totally useless and inconsequential." During his entire talk that morning in which he spat fire at all other faiths that did not harbor 'remnants', he sounded very very angry - like the 'non-remnants' had done something so bad that short-circuited a nerve in his nut.

A few months before this incident, he was on record to have smooched the feet of his religious fetish, a self-styled Kampala prophet.

Now, imagine, this same intolerant man wants to became Uganda's leader. He sounds every inch like an immature political novice that has never heard of the words 'emotional intelligence'. He has a record of hatred for those who are not like him. He often sounds like a rabid, angry, hotheaded, jilted lover with an exaggerated sense of self-importance. If one cannot deal with small things like inclusivity, how can one tackle large aggregates like the aspirations of a very diverse nation; how would he for instance handle religious leaders who are non-remnants. He would force every one to become part of a religious minority group, and with that anger he harbours, he'd kill all those who don't comply! After all, the people who subscribe to his religion have prophesied thus: "The time has come where no one can win a contract above 100 million when he/she is not a remnant". Would we, the infidels, win any contract in his regime?

There is no other opposition politician who is as intolerant as this ka-man and I have always wondered why every general election brings up at least one confused mentally imbalanced candidate. Last time we had Maureen Kyalya; now we have this hate-filled wimp. He represents a clueless privileged elite who have no idea about the lived experiences of common people. OK, it is totally OK to have your opinions and everyone is entitled to them - but why would you abuse a group of people then come to seek their votes? Isn't that plain old stupid? I mean, don't these crunkheads listen to themselves before advertising their obvious deficiencies?  

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{UAH} The Joseph Kabuleta I know

By John Njoroge

The Joseph Kabuleta I know

Joseph, heaven (which I believe you are familiar with) and earth can testify I have totally nothing against you. I thought I should start from here because what I am bring back, many may not know and you will not like it.

We studied Mass Communication together, same class. Our classmate are here, most of them. When we first met, I didn't know you were a big shot. I later got to know in our second year, you were a sports editor and the President of USPA- 2002. There was also a one Mr Mutumba who was also a big shot in the media. We admired you guys. We were studying with professionals who were already in the field. We looked at you as upgrader in this field.

Joseph, do you recall your associate Mike Ezra? You and him went to Emin Pasha Hotel and displayed "$100 million" in cash, $ 3 million on table and 97 in the boot. You later paid journalists UGX 50,000 for coming and fed and boozed them to oblivion. You and Ezra left only paying half the bill, promising to clear the rest after forex operations the next day. The guarantee was simple, your man was renting next to the NRM HQ a few metres away from Emin Pasha, a house he rented for 2 year, only paying 6 months rent. We discovered later the money you displayed was more worthless than toilet paper.

You chartered helicopters from Nairobi to fly Ezra into football games, hired muscle men from Kisenyi whom you gave hair cuts and dressed them in tracksuits your acquired from Katumwa sports, which your man never paid.

Then your man gave a blunk cheque to the organisation you were honestly elected to, USPA. These sports men and women elected you in trust and you finally delivered the saviour Mike Ezra. USPA's problems were over.

What your people didn't know is the plan you had cooked with Mr Money bags. He was escaping but he left you something little. You took the cheque to your cabinet, you fed figures into that cheque and the cheque bounced.

You came to me, Becca Kabanda, Andrew Seka, Mwalimu and others I will leave out. You were being looked for by CID. We hid you in Livingstone Hall, later Nkrumah and later other small places for 3 months as they looked for you mercilessly. We did your course works.

When the storm died off, you emerged, redeemed your money and married your first wife, never to invite any of those who helped you, never to refund all the little campus student money we used to feed you in hiding.

Suddenly, we discover you with Mr Elivs Mbonye. I have a feeling Mr Ezra is in prison in Kenya because of your ideas, the same kind you have fed Mr Mbonye whom you discovered somewhere. I believe you are a brilliant manupilator and Mbonye must be a victim like Ezra was. I see you kissing shoes, speaking English and I believe you are now working for someone else. Poor Elvis we have been hitting him.

Joseph, turn your brilliant ideas into business and stop distorting this young nation. Please.  

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{UAH} Tanzania is Constructing Africa's LARGEST Hydro-power dam on river Rufiji.

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{UAH} Former Rwanda Premier Habumuremyi arrested

Former Rwanda Premier Habumuremyi arrested

simbatelecom
The now late Pierre Damien Habumuremyi (PHOTO/Courtesy).

KIGALI – Former Rwanda Prime Minister Pierre Damien Habumuremyi has been arrested.

Dr Habumuremyi, who served as Prime Minister from 2011 to 2014, was arrested on Friday. He previously served as Minister of Education from May 2011 to October 2011.

Rwanda Investigation Bureau (RIB) confirmed that Dr Habumuremyi was arrested alongside Prof Egide Karuranga, President of Kibungo University.

It is not immediately clear why the duo was arrested and RIB refused to offer details, saying investigations are still underway.

There had been media reports outside Rwanda that police were investigating the former prime minister and his family for possible links to the Rwandan rebel group FDLR, based in the eastern Democratic Republic of Congo.

He has written a book The Political integration in Rwanda after the 1994 genocide: Utopia or Reality, which was published by the Palotti Press, Kigali, in 2008.

Habumuremyi started his career as an academic, serving as the assistant professor at the National University of Rwanda from 1993 to 1999, and also served as a lecturer at the Kigali Independent University and the Kigali Lay Adventist University during 1997-1999. During this period, he also worked as a project coordinator at German Technical Assistance programme (GTZ Kigali) during 1995-1997 and a Senior Project Manager for the Catholic Relief Services during 1997-2000.

From 2000 to 2003, he was the Deputy Executive Secretary of the National Electoral Commission of Rwanda, after which he served as the Executive Secretary until 2008. Habumuremyi was elected as one of Rwanda's nine representatives in the East African Legislative Assembly on 11 May 2008. He was succeeded as Executive Secretary of the National Electoral Commission by Charles Munyaneza in July 2008.

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