Utamaduni Wa Kuuita Wizi Ufisadi Ni Wakulinda Uhalifu
Makala ya Nguvu ya Hoja, KSB Jumapili Februari 28, 2010
na Ndugu Mwandawiro Mghanga
Ndugu Mwandawiro Mghanga
Uhalifu ni uhalifu, uwe umetendwa na tajiri au maskini; uwe unahusu viongozi au wananchi wa kawaida. Tena wenye kutilia manani haki husema sheria ni kama msumeno ambao hukata mbele na nyuma. Kwa nini nchini Kenya sheria iendelee kutekelezwa dhidi ya uhalifu unaofanywa na wananchi wengi, hasa mafukara, wakati ambapo inasitasita ikifikia uhalifu unaotendwa na viongozi au watu wenye ushawishi mkubwa wa kisiasa na kiuchumi? Mbona tuendelee kuruhusu taasisi zilizoundwa kuhakikisha utawala wa kihaki na kisheria ziendelee kutumika kwa njia za kibaguzi huku zikiwalinda na kuwahurumia wahalifu wakuu wenye mamlaka makuu na wa kutoka tabaka kuu?
Ninasema hivi maana naona ni wazi na bayana kuwa utamaduni wa uhalifu unaochukua mwelekeo wa kitbaka na mara nyingi unaofanana na ule wa kimafia umepaliliwa na kutiliwa mbolea nchini tangu kale na zamani. Wizi, hata uwe wa yai, ukiwahusu makabwela au walalahoi unaitwa wizi na watuhumiwa wanakamatwa na polisi mara moja na kupelekwa mahakamani na kisha wakipatikana na hatia wanahukumiwa na kufungwa gerezani. Ndiyo kwa maana magereza ya nchi yetu yamefurikana na maelfu ya watu kutoka tabaka la makabwela ambao wamepatikana na hatia ya kuvunja sheria.
Lakini wizi ukitendwa na vigogo, watu wenye ushawishi mkubwa wa kisiasa na kiuchumi au viongozi, hauitwi wizi tena, unaitwa ufisadi. Nalo neno la ufisadi limekuwa utamaduni wa kufunika na kuupatia hadhi uhalifu unaotendwa na viongozi na matajiri. Ufisadi umekuwa uhalifu wa wenye kutunga sheria za kupambana dhidi ya uhalifu ambao unachukuliwa na kushughuliwa tofauti na ule wa makabwela. Wakati ambapo uhalifu wa makabwela unashughulikwa na polisi mara moja, ule wa viongozi na wenye ushawishi unashughulikiwa na tume ya kupambana dhidi ya ufisadi. Isitoshe, uhalifu wa viongozi na wenye ushawishi haushughulikiwi mara moja, huchukua miaka na mikaka na mara nyingi waliyohusika huepuka mkono wa sheria baada ya mamilioni ya pesa za umma kutumiwa kwa uchunguzi wa ’ufisadi’ waliyoutenda.
Katika kupambana dhidi ya uhalifu lazima tuwe tayari kuita uhalifu kwa jina lake. Wizi uwe wizi, unyang’anyi uwe unyang’anyi, uporaji wa mali ya umma uwe uporaji wa mali ya umma. Wala sioni haja ya tume ya kupambana dhidi ya ufisadi katika nchi yenye sheria na taasisi maalumu za kupambana dhidi ya uhalifu wowote ule. Tume hii inatumia mabilioni ya pesa za umma bure bulashi. Polisi, wakishirikiana na afisi ya mkuu wa sheria, mahakama na wizara ya haki, wanasatahili kuwa na uwezo ama kupewa uwezo wa kupambana kikamilifu dhidi ya uhalifu popote pale unapopatikana na pasina ubaguzi. Mbinu za kubatiza wizi na uhalifu wa viongozi na wenye ushawishi ufisadi ukome ili wezi na wahalifu wengine washughulikiwe ipasavyo bila kuwalinda kwa jina la ufisadi.
Makala haya yamekariri mara nyingi kuwa mawaziri wanaotuhumiwa kushiriki wizi wanga’atuke ama wang’atuliwe. Kuendelea kukubali watuhumiwa wa wizi wa mali ya umma kuendelea kushikilia nyadhifa za uongozi wa kitaifa ni kupalilia na kutilia mbolea uhalifu. Aidha, serikali ambayo inalinda wahalifu siyo tu haiwezi kuaminika bali pia inaaibisha nchi yetu na kuhujumu juhudi za wananchi za kujikomboa kutoka kwa umaskini ambao unakua siku nenda siku rudi.
Ada ya mja husema, mungwana ni vitendo. Ikiwa wewe ni waziri na umetuhumiwa kwa uhalifu, basi jambo la kingwana ni kujiuzulu kisha ungojee uchunguzi ufanyike na mahakama yaamue kama una hatia au la, jinsi maafisa wanaohudumu chini yako walivyofanya. Maana ni wazi kuwa kadiri ambapo unashikilia mamalaka ya uwaziri unazuia uchunguzi kufanyika na ukweli kujulikana. Isitoshe, utaambia wananchi kitu gani kuhusu uhalifu ikiwa wewe mwenyewe ni mtuhumiwa wa uhalifu?
Mja muue na haki umpe. Waziri Mkuu Raila amefanya jambo la ujasiri. Aliwafuta kazi mawaziri waliyotuhumiwa kwa wizi wa mali ya umma. Bali Rais Kibaki amekataa na mawaziri wake. Na kumbe mamlaka ya Raila ya uwaziri mkuu ni mamlaka ya nyuma ya chupa. Mamlaka yenyewe hasa yako na Kibaki. Ndiyo kwa maana Ongeri na Ruto bado ni mawaziri, wamemshinda Raila na wanaendelea kumcheka na kumkebehi. Lakini mimi nafikiri anaechekwa na kukebehiwa siyo Raila bali ni wananchi wa Kenya. Tunaambiwa kuwa tutasema mchana lakini usiku tutalala. Kisha kelele za chura hazimzuii ng’ombe kunywa maji. Kwani maslahi ya kisiasa, ushawishi wa kitabaka na utamaduni wa kubatiza uhalifu kuwa ufisadi utaendelea kuhakikisha watuhumiwa wa ufisadi wanaendelea kuwa viongozi – tupende tusipende. Aidha, hata wananchi wenyewe wako tayari kutetea, kulinda na kupigania wahalifu wa kutoka kabila zao. Masikitiko!
Mwandawiro Mghanga, Barua pepe: mwandawiro2002(at)yahoo.com
When Okoth Osewe “Became Miguna Miguna…” Part 2
You Don’t Know Miguna!
- Once gutter Press, always gutter Press! Ooops! they did it again!
Miguna had two sexual abuse cases against him, (he had been accused by at least two vulnerable female Kenyan immigration case clients of his, that he had at various times sexually abused them in his law firm, taking advantage both of their dependent position and his overpowering physique). A Canadian first-instance judge acquitted him because of the victims’ evidence being partially contradictory, sometimes convoluted, and not altogether sufficient for a secure conviction (as is often the case in sexual abuse cases, alas). Miguna then launched a flurry of mostly frivolous and baseless law suits against the Queen, the minister of Justice and the Crown Attorneys, the Toronto Police Board, any individual police officer who had arrested him and had worked his cases, based – as a learned Canadian judge of appeals poignantly stated – on “a galaxy of reasons, some existent in law, and many not”, of which he lost about 80pc and won non so far (a small part is still before the courts).
As you can read in the court decision in detail, Miguna was repeatedly laden with a significant amount of his many opponents’ costs (a middle six (6!) digit sum of Canadian dollars), which of course he was and is unable to pay – yet he continued and continues to litigate garrulously and, as the Ontario Appeals Court two times stated, with very little merit. His forced return to Kenya was more of a flight thus.
What is also interesting is that one of the main defense witnesses against the alleged female victims was one Onyango Oloo, apparently an activist friend of Miguna. The court decision relates in some detail, how Oloo in his own witness stand did his best to undermine the credibility of the abused prosecution witnesses and to exonerate his friend Miguna, and how he explained to the court that the witnesses were somehow related to each other which they however had denied before (they were half sisters from different fathers in reality, Oloo maintained, while the women/girls had previously alleged before the first-instance judge that they “were not sisters”. Such contradiction, among other points, led the judge to believe that the evidence – although probably some kind of abuse had indeed taken place – was not strong and not consistent enough to find Miguna guilty beyond any doubt. The case was thus dismissed and Miguna was acquitted because of insufficiently strong evidence.
All this is not unproven gossip. All these are binding and vigent court decisions. The details are all in the publicly accessible Canadian justice database of the Ontario courts decisions, and everybody can look them up on the Internet with a minor effort.
The sometime dreary legalese gives many sordid details of the sexual abuse cases, and a very intense insight into the character and the near total lack of legal prowess of this man, the accusations which he barely escaped under the “benefit of doubt” rule, and his “flurry of mostly unfounded lawsuits”, as the judge put it.
These cases from the public domain give a much deeper image of the man. Whom you actually characterized too mildly, I fear. Those who knew him here, know what hideous ogre lurks inside.
A Canadian Kenyan observer.
Jampara Show is Eventually Here
Dear friends and well wishers, Jampara and the BataLion, a reggae and traditional star, will be on a tour of Sweden on 25th February to 7th March 2010. His main show will be at the Gubbängen Skolan in Stockholm on 27 February 2010 .
Jampara poster
Jampara, an Ambassador of Hope, Unity , Integration and Peace, will be performing free of charge in two concerts that will take place at Stockholm University on 4th and 5th of March. The charity concerts are a cooperation between the Network for Afrikans in Sweden, University, the Swedish Red Cross Society, Artists (musicians) based in Sweden and concerned members of the society in Stockholm and Sweden in General.
Even those concerts that are not necessarily charity concerts, Jampara and his hosts have agreed to dontae 10% of the profits to the HAITI victims through the Swedish Red Cross Society.
People will even be called upon to donate whatever they can during the concerts. The Red Cross Volunteers will be there to record and receive the donations.
Among other artists who will perform in Jampara shows in one place or another are; ManLuckers M.LC and the Zim traditional Unity, Vumbi and the Dekalu Band, the Afrojam Band, Leon Knibbs band, Africa Fareta, Julia Jarnerud. Alicio Theluji, Sollentuna kultur skolan and more yet to be anounced
Keep visiting afrojam and jampara for more updates on the Jampara tour of Sweden .
Let’s remain UNITED FOR HAITI
Ambassador Kiplagat Fights Back!
Statement by Ambassador Bethuel Kiplagat
"Give me a hearing in a court of law", he says.
Honorable Members of Parliament, Fellow Commissioners, Ladies and Gentlemen. I appreciate that the task before us as a commission and as individuals is a very heavy responsibility. The whole nation is looking upon us to deliver a process that will be victim-centred, grounded on fairness and justice, open and thorough in its deliberations and decisive in its recommendations.
Personally I have worked my whole life to bring peace and reconciliation between people. The TJRC offers me an opportunity to serve my country in the area of my calling.
Kenyans have been waiting for decades for a process such as the Truth, Justice and Reconciliation Commission. Over the last forty or so years, each generation of survivors and victims have lost several of their members, consigned to the grave before they had a chance to tell their stories, share their pain, confront their former tormentors and articulate the redress they seek.
As commissioners we therefore have our work cut out for us.
That is why I consider it so unfortunate that so much energy is being expended on the question of my suitability or otherwise to be the Chair of the TJRC.
The fact that I have been placed in the position of having to defend my integrity, my honour, my sense of justice, commitment to human rights ideals and democracy at this late stage in my life is quite a challenge to me.
One would have thought that my long career in public and diplomatic service should have cleared any lingering doubts but I am now faced with a dilemma:
Do I bow to the pressure of a well-orchestrated media based lynch mob, which is likely to be interpreted as confirming the allegations leveled against me?
Or do I stand my ground and invite the criticism that I am oblivious to perceived public opinion?
Despite having repeatedly defended myself in the media and in disregard of the numerous statements in my defense from a cross section of society, the debate continues.
My only recourse therefore is to clear my name through a formal legal process.
Ladies and Gentlemen, I am a believer in the rule of law and the fact that all Kenyan’s have a constitutional right to be considered innocent until proven guilty in a court of law.
This is a fundamental “Human Right” which applies to me as much as to every man, woman and child on this earth.
I believe that all people should abide by the rule of law and not take actions outside the law or make judgments based on unproven allegations.
In fact, the individuals claiming to represent Human Rights and other Civil Society Organizations should be the last to resort to a lynch mob mentality. It goes completely contrary to their mandate and fundamental principles of protecting the rights of everyone irrespective of status and station in life. It is indeed ironic that some of my accusers have been treated unfairly in the past as a result of the absence of this very principle.
I also believe that the trend to call for the resignation of any person based on media reports, perception and vaguely defined “public opinion” is a dangerous trend in particular when our history has shown how ignoring the rule of law can lead to catastrophic results.
If allowed to continue, it is not farfetched to imagine any of us in this room could in future be victims of similar campaigns as we carry out our public duties.
In view of these fundamental beliefs and more so as the Chairman of a commission, whose mandate, is to address past injustices, I cannot merely step aside. Doing so would amount to condoning and encouraging the abuse of human rights, mine included.
My fellow commissioners, as individuals who believe in Truth, Justice and the Rule of Law none of us should take any action or draw any conclusions based solely on allegations, opinion or perception.
So what next?
Since no one has brought any case against me and in order to clear my name, I am enjoining myself in a case already filed against the TJRC so that the allegations leveled against me are determined in a court of law once and for all.
From tomorrow, and while awaiting the determination by the court, I will redirect every ounce of my energy and commitment to the people of Kenya. They have been waiting for far too long for a chance to be heard.
It is in this spirit of truth, justice and reconciliation, that I ask you all to put any differences aside and work together to fulfill the mandate of this important commission.
God bless you and may God Bless Kenya. “May justice continue to be our shield and defender”.
Ambassador Bethuel Kiplagat
Chairman Truth, Justice and Reconciliation Commission
26th February 2010
Tutu, Former Truth Commissioners Tell Kiplagat to Step Down
Bethwel Kiplagat: New pressure for him to step down
We, former chairpersons and commissioners of truth commissions from around the world, respectfully call upon Ambassador Bethuel Kiplagat, Chairperson of the Truth Justice & Reconciliation Commission’s (TJRC) to step down from his positions as Chairperson and Commissioner.
We are deeply troubled by serious allegations of bias and misconduct that have been made against Chairperson Kiplagat. The allegations about his role in the former Moi government have generated a widely held perception that he labours under an unavoidable conflict of interest and that he is unable to bring an impartial mind to bear on his important duties as TJRC Chairperson. We are advised that in previous years, a statutory Commission of Inquiry as well as a Parliamentary Committee of Inquiry have made disturbing findings against Ambassador Kiplagat on matters that fall squarely within the TJRC’s mandate.
The Report of the Commission of Inquiry into Illegal and Irregular Allocation of Public Land (released in 2004) makes references to instances of the illegal acquisition of public land on the part of Ambassador Kiplagat. The Report of the Parliamentary Committee of Inquiry into the Murder of Dr. Robert Ouko includes a report from an investigation team which concluded that Ambassador Kiplagat was untruthful in his submissions.
While Ambassador Kiplagat has disputed the references to him in these reports, they nonetheless have a direct and serious impact on public perceptions in relation to his fitness to hold high office in the Commission. All truth commissioners must be seen to be upholding the highest standards of ethics and integrity. They need to be seen to be scrupulously independent and objective. We are constrained to point out that Ambassador Kiplagat does not meet these essential standards.
We note that truth commissions must enjoy the confidence of the public to succeed. Since objective grounds of a reasonable apprehension of bias on the part of Ambassador Kiplagat exist in the minds of the public, he is duty bound to resign for the greater good of the commission and country. We believe that if the current state of affairs is not addressed the TJRC will not be able to deliver truth, justice and accountability for past injustices and gross human rights violations.
For these reasons we call upon Ambassador Kiplagat to immediately step down so that the TJRC may proceed with its critical tasks of promoting justice and combating impunity in Kenya.
Statement endorsed by:
Archbishop Desmond Mpilo Tutu
* Former Chairperson of the South African Truth & Reconciliation Commission
* Former Anglican Archbishop of Cape Town
* Former General Secretary of the South African Council of Churches
* Recipient of the Nobel Peace Prize
Bishop Joseph Christian Humper
* Former Chairperson of the Truth & Reconciliation Commission for Sierra Leone
* Bishop of the United Methodist Church, Sierra Leone
* Member of the General Board of Global Ministries, The United Methodist Church
* Recipient of the Distinguished Peacemaker Award – Africa
Salomon Lerner Febres
* Former Chairperson of the Peruvian Truth and Reconciliation Commission
* Former President of the Pontifical Catholic University of Peru
* Current President of the Institute for Democracy and Human Rights at the Catholic University, Lima
Alexander Lionel Boraine
* Chairperson of the Mauritian Truth & Reconciliation Commission
* Former Deputy-Chairperson of the South African Truth and Reconciliation Commission
* Chairperson of the Board of the International Centre for Transitional Justice
* Former member of the South African Parliament
* Former President of the Methodist Church of Southern Africa
* Global Visiting Professor of Law at the New York University School of Law
Advocate Dumisa Ntsebeza SC
* Former Commissioner of the South African Truth and Reconciliation Commission
* Member of the South African Judicial Services Commission
* Acting Judge of the Cape High Court
* Member of the International Commission of Inquiry on Darfur
* National Chairperson of Advocates for Transformation (South Africa)
Yasmin Sooka
* Former Commissioner of the South African Truth and Reconciliation Commission
* Former Commissioner of the Truth and Reconciliation Commission for Sierra Leone
* Former Acting Judge of the High Court of South Africa
* Director of the Foundation for Human Rights
Reverend Bongani Blessing Finca
* Former Commissioner of the South African Truth and Reconciliation Commission
* Provincial Electoral Officer for the Eastern Cape Province, South Africa
Mary Burton
* Former Commissioner of the South African Truth and Reconciliation Commission
* Former President of the Black Sash
* Deputy Chairperson of the Council of the University of Cape Town
* Recipient of National Order of Luthuli Award
Dr Fazel Randera
* Former Commissioner of the South African Truth and Reconciliation Commission
* Former Inspector-General of Intelligence (South Africa)
* Medical Director of the Aurum Institute
* Former National Chairperson of the South African Human Rights Committee
Richard Lyster
* Former Commissioner of the South African Truth and Reconciliation Commission
* Former Director, Legal Resources Centre, Durban
24th February 2010:
Sent via email
J.A. Owuya’s Special Invitation to Akanga Wedding Harambee
YOU ARE VERY CORDIALLY INVITED TO A FUND RAISING PARTY IN PREPARATION FOR THE WEDDING OF OUR FRIENDS:
Phillipa & Godfrey Akanga.
Mr. J.A. Owuya Invites all to Akanga Wedding Funds drive
Place: GUBBÄNGS SKOLAN, Gubbängsvägen 63-69, T-banan GUBBÄNGEN
Date: Saturday, 27th February 2010
Time: 20:00 to 06:00 Cenral European Time (CET)
In case of further information you can contact:
1. Godfrey Akanga Tel: 070-267 09 68 OR: 019-360 945 e-mail:grakanga(at)gmail.com
2. Serina Massa Tel: 070-422 86 80 e-mail: serinamassa(at)hotmail.com
3. James A Owuya Tel: 070-476 05 31 e-mail: owupoya(at)hotmail.com
WELCOME & BRING OTHER FRIENDS ALONG!
Yrs sincerely,
J A Owuya (for the AKANGAs)
Afro-Nite With Vumbi Dekula Band: 26/27 Feb
AFRO-NIGHT WITH DEKULA BAND
PLACE: LILLA WIEN BAR
TIME: 21.00-01.00
DATE: FRIDAY-SATURDAY, 26-27 FEB 2010
ADD.SWEDENBORGSGATAN 20
PENDEL SÖDRA STATION
WELCOME
When Okoth Osewe “Became Miguna Miguna…”
Miguna Rattles Teachers at Makini
Despite his public profile as Raila Odinga's Advisor on Coalition affairs, no one at The Weekly Citizen knows exactly how Miguna Miguna looks like and I had to fill in for his image with my brand New Year photo! Hilarious!
Teachers at the prestigious Makini School in Nairobi are up in arms against Miguna Miguna over what they term uncalled for hostility towards them. The teachers say that they have never known peace ever since Miguna’s children were enrolled in the school.
Miguna, the teachers claim, insists that his children be treated special and woe unto any teacher who as little as tells the children to work harder. Miguna who personally drops the children to school every morning will storm the school and give the teacher a dressing down infront of the pupils.
Miguna, who is Prime Minister Raila Odinga’s advisor is also said to call teachers as late as 9.00 p.m to warn them against mistreating his children. The children are said to carry their own packed lunch although everyone else eats at the school. The lower primary school children carry their own soap and towels to avoid sharing with the others who use the soap provided by the school.
Now teachers fear that Miguna’s children will have a bad influence on other pupils who might start thinking that teachers are mistreating them when they are merely correcting them for their own good.
Ironically, the teachers say, the children who are from Miguna’s second marriage are not at the top of class as one would expect of such highly regarded children.
A grand child of President Mwai Kibaki, the teachers say, was attending the school until last year yet they have never seen Lucy saying that he be treated specially.
Weekly Citizen, February 9, 2010.
Note: Despite contacts with the Weekly, they have not yet carried a correction. Instead, they published the same picture in their latest Edition (February 22nd 2010) with a new and damaging letter from an unnamed Kenyan based in Canada claiming that Miguna is a rapist. Apparently, they have not yet figured out who Miguna Miguna is although they continue to mount accusations against him!
After Obama, Kenyans Think They Can “Resurrect the Dead”
At this rate, may be the Kenya Bagarmossen Church members need to begin prayers for the Swedish snow to cool down and disappear altogether. It would be spectacular to see them shout “In the name of Jesus… we pray that the almighty God send heat and melt all snow in Stockholm that has created traffic chaos across Stockholm city”.
This is because in Kenya, members of the faithful have reached the stage where they can begin to think about praying for “the dead to resurrect”. At first, I thought it was fiction but later, I had to settle down to the reality that it was real – the faithful were praying for some Church leaders who had perished in a road accident to come back to life. Imagine people praying continuously for three days for some dead body to hit the roof of the coffin and rise back to life in a moment of resurrection! This is Kenya! Surely, our people are unique! Let us celebrate!
After the Obama miracle, in Kenya, we think that another “Change has come” to Kenya because we can now pray “Live” for the dead to come back to life. Kenyans watching this video should begin to question what religion has done to our people. Surely, what is happening here because as a Kenyan, I feel like another foreign spectator.
Okoth Osewe
Body of Kenyan Seafarer Stuck in Tanzania
“Kenya Won’t Interfere With Tanzanian Laws” – Kenya High Commissioner to Tanzania
High Commissioner Mutiso Mutinda
On 20th February, 2010 relatives and next of kin of the late Mr Juma Kumbu whose body is lying at the Muhimbili National Hospital Mortuary, Tanzania travelled back to Kenya empty handed. The relatives of the deceased Kenyan seafarer travelled to Dar es Salaam on 16th February to collect the body for burial but they could not afford to pay for transport, mortuary fees, and embalmment charges amounting to Tshs. 2 million.
They went to the Kenya High Commissioner to ask for financial assistance but they were given a cold shoulder by the deputy head of mission Madam Muthoni Mwithiga.
In my presence Madam Muthoni demonized the other two Kenyan seafarers who are still in custody by saying that the High Commissioner cannot visit criminals in Tanzania remand prisons.
She further echoed what the High Commissioner Mutiso Mutinda told the local media in Tanzania recently that Kenya won’t interfere with Tanzanian laws neither interfere in dead seaman’s probe just because a Kenyan seafarer has died in a Tanzanian remand prison.
This is contrary to the services offered by the mission in Tanzania .
Services offered by the mission includes interface with law enforcement and immigration officials in cases where Kenyans get into trouble while in Tanzania .
Given that the High Commissioner has abandoned the relatives of the deceased we call upon well wishers, all women and men of good will to assist them so that they can remove the body from the mortuary for burial in Kenya .
Information indicates that a post mortem was done on 9th February, 2010 we ask the government of Tanzania to provide the relatives and the next of kin of the deceased with Coroner’s report and Post Mortem report. This is per the Inquest Act Cap 24 R.E 2002 Sections 4(I) (C) and 6 (I) of the Tanzanian Laws.
As a sign of good faith we ask the government of Tanzania to allow an independent pathologist carry out investigation and a post mortem.
The late Juma Kumbu and 35 other crew members of a Taiwanese fishing vessel TAWARIQ-1 were in March 2009 captured in Tanzania ’s EEZ for illegal fishing.
The case is coming up for hearing on 11th March 2010.
35 Crew members of FV TAWARIQ-1 and the Mombassa based ship agent of the fishing boat and his friend will on 11th March 2010 appear before Dar-es-Salaam court of law charged with fishing without license against section 18(1) of the Tanzania Deep Sea Fishing Authority Act. Cap.388 (R.E.2002) as amended by Act No.4 of 2007 read together with regulation 67 of the Deep Sea Fishing Authority (Regulations) 2009 G.N.48 of 2009.
The first count on the Statement of offence signed by the state Attorney on 4th May 2009 states that on or about March 8th 2009 they were found fishing 296, 32 tones of fishing valued at Tshs 2,074,240,000 without valid license within the EEZ of Tanzania.
The second count states that on or about 8th March 2009 within the EEZ of the United Republic of Tanzania they exploited the resources and captured fishing without there being agreement with the government of the Republic of Tanzania .
Those in custody are composed of 15 Chinese, 5 Vietnamese, 5 Indonesians, 2 Taiwanese, 8 Filipinos and 2 Kenyans.
They were intercepted by a South African patrol boat some 180 nautical miles off the Tanzanian coast with over 200 tons of Tuna fish.
The crew members and the ship agent currently detained in Keko and Ukonga prisons in Tanzania are suffering from skin diseases and they are in urgent need of medical attention, supply of toiletry, reading materials and prison visit by the port chaplain.
We would be glad if the Dar-Es-Salaam port chaplain could be regularly allowed to visit the seafarers in prisons.
The vessel was found to have both fresh and frozen tuna and tuna-like species as well as fresh offal and other remains cut from fish on board. The vessel has no flag hoisted; radar was switched off; she has no license or permit and port of registry.
Multiple names were found on the vessel; on the superstructure, lifesaving equipment, and the vessel monitoring system transponder and in documents found at various locations on the vessel.
The name No.68 BU YOUNG was found embossed on the port and starboard bows as well as on the stern of the vessel and at the upper part of the wheel house.
On the said locations the name TAWARIQ was painted over the name BUYOUNG to mask the embossed name. Information further indicates that the life-rings, the service record of one of the life-rafts and other documents found onboard bore the name of a Korean fishing vessel No.11 INSUNG.
We are informed that TAWARIQ 1 flies Oman flag and her previous name was ODINE MALAGASY her ex-flag sate was Madagscar.It is said that her last port of call was Mombassa port. Without a hoisted flag or port of registry and without any authentic certificate of registration found on board the vessel it is impossible to establish the true identity of the vessel and the owner of the vessel.
Illegal and unregulated fishing takes away huge earnings estimated at 20% of total catch for Kenya and 15% total catch for both Tanzania and Mozambique.
In accordance to the Indian Ocean Tuna Commission resolution 06/01 and 09/03 we humble request the Kenyan, Oman and the Korean authorities to help Tanzanian government in identifying the owner of the vessel so that the court case could be brought into conclusion.
We would be glad if the Taiwanese government and the Sultanate of Omani could tell us the where abouts of a Taiwanese fishing vessel INTMAS-6 and her multi-national crew.
There was actually a fleet of 4 large fishing vessels operating illegally in Tanzanian territorial waters, when TAWARIQ-1 was impounded in March last year.
Upon hearing that their sister ship had been arrested the other three fake named TAWARIQ 2, 3 and 4 immediately left and escaped the dragnet.
Andrew Mwangura , Seafarers’ Assistance Program, Mombasa.
Chebet Calling on Kenya-Stockholm Teachers
Hello Kenyan teachers! I’m a Kenyan woman who came to Sweden December 2006. I was a trained teacher back home and had a four year teaching experience in high school. When I came to Sweden, I was forced to go through the normal language learning procedure , i.e SFI, SSAS grund, Svenska A and Svenska B.
Armed with my tools of trade, I sent them to Högskoleverket and it did not take long before I became certified to teach in all Swedish primary and secondary schools. Today i teach in upper primary school (högstadiet) in Stockholm. I would like to get in touch with Kenyan teachers who are living in Sweden. I have a feeling that there are so many Kenyans who are trained teachers and they are not teaching in Sweden just because they have missed vital information.
Lots of brains are going to waste yet opportunities are there. These opportunities are waiting for us to grab, but before we do that we need to meet and lay down some strategies. I would also like to meet Kenyans who are in the teaching field. It would be nice to share the experiences we go through in the teaching proffession.
It is high time Kenyans came together and tried to uplift one another. As we all know, Kenya has produced so many intelligent people and going abroad can force one to settle for less in the name of “hapa si nyumbani, hizo kazi siyo ya wageni,l azima uwe na connections ndiyo upate kazi na kadhalika”.
Yes, it is not nyumbani, but for how long are we going to dwell on such negative thoughts while watching opportunities pass by?
Wake up Kenyan teachers and let us use the powers we were given to do what we are good at doing: Imparting knowledge! Did we not receive the powers during that colourfull graduation ceremony? When Kenyatta, Moi etc said “By the powers vested on me, I give you the power to…these powers were not limited!
Remember that no government can say no to an educated person. Language should not be a barrier, if we made it through the Kenyan hectic education system, I believe we can make it anywhere in the globe. Please get in touch with me if this sounds interesting! Long live Kenyans!
The thirst for knowledge keeps hunting me. I will not rest until the thirst is quenched!(Chebet, 21.02.2010)
Mapambano Dhidhi ya Ufisadi ni Mbio za Sakafuni
Ndugu Mwandawiro Mghanga
Kuhusu kupambana dhidi ya ufisadi hatujasonga, tungali palepale, kujiuzulu kwa makatibu wa kudumu na maafisa wengine katika wizara zinazokabiliwa na kashfa za sakata za mahindi na wizi wa pesa za elimu bila malipo, ni mawingu tu mvua bado haijanyesha. Kiangazi cha ufisadi kinaendelea kuunguza na kuharibu tu. Maana samaki akioza huanzia kichwani.
Mwenda tezi na omo marajeo ni ngamani. Sakata ya mahindi ililipuka, ikawaka na kutisha kuunguza serikali lakini kama kashfa zinginezo za ufisadi kama Anglo Leasen, Golden Bag na kadhalika siasa za ufisadi zilifaulu kuuzima moto, japo kwa muda tu. Kumbe moto wa kashfa hii haukuzimika kabisa ulibaki ukififia. Na sasa umechochewa na wanasiasa wa PNU hadi umwemuweka Waziri Mkuu katika mizani ya haki na ukweli mbele ya ufisadi. Na haya yote yamechangiwa na Raila mwenyewe ambaye alisimama kidete kadamnasi ya umma na waandishi wa habari akadai wazi na bayana wakuu wa wizara ya elimu, maprofesa Ongeri na Karega Mutahi wajiuzulu ili wawajibiki kwa niaba yao binafsi na wizara yao iliyopoteza mamia ya mamilioni ya pesa za umma kupitia kwa wizi na ufisidi uliyobobea katika wizara ya elimu.
Kumbe Raila alifungua mzinga wa nyuki. Sasa anaambiwa ajiuzulu kwani ati amekuwa kama nyani ambaye haoni kundule. Ikiwa anawataka Ongeri na Mutahi wajiuzulu mbona hajawataka Waziri wa Ardhi William Ruto na maafisa wengine wakuu wa serikali, wengine wakiwa wa afisi yake, wajiuzulu kutokana na ufisadi mkubwa wa mahindi unaohusu mabilioni ya pesa za umma? Na chambilecho Waziri wa Haki na Maswala ya Kikatiba Mutula Kilinzo, ikiwa Raila ni Waziri Mkuu kweli anaesimamia mawaziri wote wakishirikiana na Rais Kibaki, basi mbona asijiuzulu kwa kukosa au kushindwa kuchukua hatua madhubuti dhidi ya mawaziri wake wahalifu wanaoghubikwa na kashfa juu ya kashfa? Au ni siasa za kulindana za mkuki kwa kunguruwe mtamu kwa binadamu mchungu? La kukasirisha zaidi ni serikali kutoa zaidi ya milioni ishirini na kuzipatia kampuni ya kibinafsi ya Price Water House ati kufanya uchunguzi kuhusu ukweli wa sakata ya mahindini. Na taarifa ya kampuni hii imetolewa na ina sema afisi ya waziri mkuu pia inahusika na sakata ya mahindi. Kumbe mchimba kisima huingia mwenyewe!
Ninachokisema hapa ni kuwa mapambano dhidi ya ufisadi nchini zimekuwa mbio za sakafuni ambazo hazifiki kokote ila kuishia ukingoni. Maana uongo na unafiki wa viongozi unajenga ufisadi ambao siyo tu umekuwa donda ndugu lakini sehemu ya utamaduni wa Kenya. Na chimbuko chake ni tamaa ya kujilimbikizia mabilioni ya pesa na mali kana kwamba ukiwa utajiri kiasi hicho utaishi milele. Wanasahau kuwa mauko ni kwa kila kiumbe. Hata Jomo Kenyatta alikufa na kuwacha maelfu ya kilometa ya ardhi na pesa chekwachekwa.
Aidha, kiongozi bora na shujaa hakumbukwi kwa kiasi cha mali alichonyakua na kujilimbikizia bali kwa hoja na maono ya kimaendeleo na mchango wake wa kuboresha maisha katika nchi na jamii na wa kuwacha hali ya wengi na taifa ikiwa bora kuliko alivyoikuta. Ulafi umewapoteza viongozi wetu ambao wanaendelea kuaibisha na kuangamiza taifa letu kwa utovu wao wa nidhamu na adili ambao unawafanya wawe kama wanyama ambao hawana haya wala aibu. Nani atawaamini viongozi wa ndumulakuwili ambao wanasema hili leo na lingine kesho huku wakibadilisha rangi mfano vinyonga? Tumechoka na siasa potovu za ODM na PNU za kutupuuza na kutuchukulia kuwa wajinga!
Vita dhidi ya ufisadi lazima viendelee kwa vyovyote vile. Ndipo sasa tunadai serikali ya muungano iwache kabisa na mara moja kutuundia zao za kutudanganya na kuendeleza ufisadi. Kwani nchi hii in tume tilatila zilizoundwa na serikali kuchunguza mambo na kashfa zilizojaa Kenya hadi pomoni. Mabilioni ya pesa za umma zimefujwa kupitia kwa tume hizi za utapeli. Tena taarifa zinazotolewa na tume hizi ghali, nyingi zao hazitekelezwi wala hazikusudiwi kutekelezwa. Badala yake zinatumiwa kuwadanganya wananchi kuwa serikali inachukua hatua madhubuti kushughulikia jambo nyeti linalohusika. Kati yao viongozi wetu hujigamba ati taarifa za tume za uchunguzi ni kelele tu za chura ambazo kamwe haziwezi kumzuia ng’ombe kunywa maji. Ndiyo kwa maana taarifa ya Price Water House kuhusu sakata ya mahindi itakuwa kama taarifa za tume zingine za hapo awali, haina kazi wala bazi. Ni hasara tupu.
Mwandawiro Mghanga, Barua pepe: mwandawiro2002(a)yahoo.com
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