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The judiciary has unveiled new bail guidelines aimed at promoting uniformity and consistency by courts while considering bail applications.

Launched by chief justice Alfonse Owiny-Dollo on Wednesday at the judiciary headquarters, the new guidelines require courts to consider and dispose bail applications expeditiously within 30 days from receipt of the application with the intention of reducing incidences of pretrial detention.

In the past, there was no time frame for considering and determining bail applications. While presenting the bail guideline, former Uganda Law Society (ULS) president, Francis Gimara, said that it would even take even between one and six years for a simple bail application to be disposed of in some cases.

According to the guidelines, where an offence is triable by both the High court and Magistrate's court and the accused person has been on remand for 60 days before the commencement of trial, the person shall be released on bail on such conditions that the court considers reasonable.

The same guidelines also indicate that when the offenses are triable by the High court only and an accused person has been on remand for six months before the case is committed for trial, the magistrate shall immediately refer the file to the High court for mandatory release on bail. Previously the magistrates would entertain the bail application on capital offences if an accused person clocks six months without being committed to facing trial, but the new guidelines relieve them of such powers.

The guidelines state that when granting bail, the courts will give an opportunity to a complainant to submit any information that he or she thinks should be considered by the court in making a decision. But on the issue of granting bail to capital offenders such as charges of terrorism, cattle rustling, rape, aggravated defilement, embezzlement, corruption, bribery of a member of a public body, and others where a magistrate lacks jurisdiction to try them, that person who wants bail must plead exceptional circumstances.

The exceptional circumstances listed in the guidelines, a copy of which URN has seen include having a grave illness certified by a medical officer of the prison or other institution or place where the applicant is detained as being incapable of adequate medical treatment while the applicant is still in custody.

It also requires the applicant bringing a certificate of no objection to bail signed by the Director of Public Prosecutions (DPP) and proof of infancy or advanced age. The applicant is also required to present an introduction letter from their Local Council one chairperson.

Previously, this was only required from the sureties. The guidelines drafted in a 24 paged document further say that where applicable, an asylum seeker or refugee registration documents issued by the office of the prime minister shall be among the contents of the bail application. The chief justice faulted the criminal investigation directorate of the police and the office of the DPP for stalling disposal of cases through endless investigations and adjournments respectively.

He asked the executive and parliament to intervene and strengthen the criminal investigation directorate and DPP to see that evidence is collected in time to allow cases to be heard without delay, which will reduce on the applications for bail. On his part, the principal judge Dr Flavian Zeija, who also doubles as the chairperson of the law reform committee of the judiciary, said in a speech read for him by justice Musa Ssekaana, that they did robust consultations about the guidelines before they were put in place and encouraged the courts to make good use of them for uniformity purposes.

The guidelines come at a time when the chief justice is clashing with President Yoweri Museveni over bail issues. Museveni has consistently called for the scrapping of bail for capital offenders. However, the chief justice/judiciary has insisted that bail remains a constitutional right that shall be granted at the discretion of the presiding judicial officer. - URN/The Observer

By PSCU

President Uhuru Kenyatta has urged Kenyans to embrace peace and unity at all times by shunning leaders whose main agenda is preaching divisive politics and hatred.

The President emphasized that Kenya will only continue on the development trajectory if honest leaders who stand for the truth take over from him not the “masters of doublespeak” who are driven by selfish motives.

“I want us to have leaders who will stand for justice. Let us go for leaders who are respectful and honest. The most important thing is for Kenyans to unite and uphold peace. Without peace and unity, the country will not achieve its development goals,” he stated.

“My stand, right from the beginning, has always been seeking ways of uniting the country and entrenching peace.”

President Kenyatta spoke on Wednesday after he commissioned the refurbished Nakuru Railway Station and addressed residents.

“I thank Nakuru residents for living together peacefully. All Kenyan communities live here. We don’t want to be divided, we should continue living and working together as Kenyans,” President Kenyatta said.

He said, as a peace-loving leader, his desire is to leave a country whose citizens live together peaceful regardless of their ethnic and religious background.

The Head of State said he has always been keen on ensuring inclusivity and equitable development across the country, saying it was unfortunate that the Building Bridges Initiative (BBI) that stood for those principles was shot down by deceitful politicians.

He reiterated his call to Kenyans to be keen and elect genuine leaders who will build on the country’s progress instead of those who will run it down.

 

Saying he harbours no ill intentions against anyone, President Kenyatta regretted that some political leaders have chosen to peddle lies at the expense of promoting the welfare of Kenyans.

Nakuru Governor Lee Kinyanjui thanked President Kenyatta for his visionary leadership that has transformed Nakuru County through projects that have uplifted the lives of the residents.

The Governor cited the refurbishment of the Nakuru Railway Station, the upgrading of Nakuru to city status and the ongoing construction of an international airport in Lanet, Nakuru city that will attract more investors.

On his part, Treasury Cabinet Secretary Ukur Yatani said President Kenyatta’s focus on equitable development has stimulated economic growth across the country.

“The Nakuru-Kisumu railway line which has not been operational for close to 13 years is now restored and fully operational. The Nakuru Railway Station is one of the many refurbished areas under the 217 kilometres Nakuru-Kisumu meter gauge railway revitalization project,” said CS Yatani.

The Cabinet Secretary expressed optimism that the refurbished railway station will restore Nakuru to its past glory.

Later, President Kenyatta chaired a meeting that was attended by leaders drawn from all Nakuru Sub-Counties led by Governor Kinyanjui. By PSCU

A new hijacking trend is now targeting the motorists of Mzansi on their own doorsteps – Photo: Stock/ Canva 

A vehicle crime expert has alerted South Africans to the emergence of a new hijacking trend, which has boomed in popularity since 2020. The so-called ‘blockage method’ deviates from more traditional methods of carjacking, by targeting victims on their own property. 

WHAT IS THIS NEW HIJACKING TREND?

Tracker COO Duma Ngcobo went public with these findings on Tuesday. He gave an interview to eNCA, confirming that the blockage method was being used to largely to exploit people receiving home deliveries.

Essentially, car thieves will stalk a property until the gates are opened. The preferred method is to wait until a delivery is made. Although, this new hijacking trend can be used to target anyone entering OR exiting a property using electric gates.

As soon as those gates open, the hijackers will block you in at your property, making escape impossible. Victims are then obliged to comply with the criminal’s requests. The process isn’t complicated, but it is efficient enough for carjackers to get what they want and speed away.

 
New Hijacking Trend blockage method
A recent hijacking in Kempton Park was caught on CCTV. The ‘blockage method’ was deployed. | Photo: Twitter / Yusuf Abramjee

BEWARE THE ‘BLOCKAGE METHOD’

But can an individual really prepare for this new hijacking trend? Ngcobo’s advice is hardly groundbreaking, but it remains imperative: Whenever you need to exit or enter your property, vigilance is key. Staying aware of your surroundings ‘at all times’ is greatly encouraged, too.

“When you travel late at night, we advise you tell your loved ones about your journeys. But there is another new hijacking trend to note: People are now being targeted when they wait at their gate for a delivery.”

“People ordering stuff to be delivered to their homes has increased, causing a spike in ‘home blockages’. It’s so vital to remain aware of their surroundings at all times. Hijackers now tend to wait for your electric gate to open, block you in, and gain access to your property and/or vehicles.”

Duma Ngcobo on Mzansi’s new hijacking trend, dubbed as the ‘blockage method’' by Tom Head,  The South African

 

Tourism initiatives and conservation of UNESCO heritage sites have led to forced evictions of Indigenous peoples.

 
The highlights this week: Rwanda’s deal with the United Kingdom faces further stumbling blocks, Senegal’s government is accused of cracking down on opposition leaders on the eve of elections, and Namibia will reintroduce cheetahs into India 70 years after they went extinct there.

More than 2,000 delegates attended the conference, resulting in a call-to-action document that partly acknowledged “past and ongoing injustices experienced when indigenous peoples and local communities have not been accorded their rights” and vowed for “these injustices to be halted now and in the future.” 

Tourism-dependent countries across Africa are unlikely to honor such commitments as states balance Indigenous rights with calls to increase conservation programs. In Tanzania, state security forces have attempted to evict people from Loliondo within the Ngorongoro Conservation Area, a UNESCO World Heritage Site that borders the Serengeti National Park, resulting in ongoing violent clashes. In June, the Tanzanian government demarcated 580 square miles of land in Ngorongoro as a luxury game reserve allegedly for the Emirati royal family, human rights groups say.

An estimated 150,000 Maasai people are facing displacement from Loliondo and Ngorongoro, according to the United Nations. “It could jeopardize the Maasai’s physical and cultural survival in the name of ‘nature conservation,’ safari tourism and trophy hunting,” U.N. experts warned.

“No consent has been given, no consultations, no compensation—because the land compensation law of Tanzania requires for compensation whenever people are shifted,” said Paul Kisabo, a Tanzanian lawyer representing Maasai communities.

At least 27 Maasai people have been charged with conspiracy and murder of a police officer shot by an arrow during demonstrations against the government’s plans to resettle Maasai people in Msomera village, in Handeni district.

But 10 of the people charged with murder were arrested before the officer was killed, which Kisabo believed was an attempt at “intimidation.” He said many Maasai people had escaped to Kenya between June 8 and June 15, fearing for their lives, and 61 people have been charged with “illegal stay” within Tanzania.

Human rights defenders have been intimidated, and some have gone into hiding, according to locals contacted by Foreign Policy. The Tanzanian government denies evictions are taking place, claiming that locals are being voluntarily resettled to provide “better standards of social services” for communities.

But Anuradha Mittal, the executive director of the Oakland Institute, told Foreign Policy that there is a shortage of water at the Msomera resettlement site. “Our field research clearly shows no hospital has been built, there is an old dispensary which has been painted over, the schools are not ready, less than 200 homes are built,” she said. “This is really about the elites who think Africa is basically still their playground.”

The hunting concession in Loliondo belongs to Otterlo Business Corp. (OBC), a company that a 2019 U.N. report says was granted a hunting licence in Tanzania in 1992 “allowing the UAE royal family to organize private hunting trips.” The report accused Tanzanian security forces and “OBC agents” of the “displacement of some 20,000 persons, the burning and demolition of their settlements and food and the loss of livestock” in an August 2017 eviction of several Maasai communities in Loliondo. 

A 2018 injunction by the East African Court of Justice prohibited the Tanzanian government from evicting the Maasai until a ruling in June 2022, but that court case was postponed at the last minute until September. The African Commission on Human and Peoples’ Rights has strongly condemned the evictions and urged the government to “ensure” that resettlements are carried out “in full collaboration with and participation of the affected communities.”

The Oakland Institute accuses UNESCO of being complicit because it has failed to use its leverage to ensure respect for Indigenous rights, noting that the Maasai are not allowed to graze cattle or grow food on the heritage site. (The Maasai in Ngorongoro were already moved from Serengeti, also a UNESCO World Heritage Site, and now face eviction again.)

“For most of us when we hear UNESCO, we think of a U.N. agency which is protecting precious sites, Indigenous cultures. Little do people know that UNESCO is nothing but again a Western, top-down colonial mindset, which talks about preserving places without the people, and instead of preserving the culture, it is going to become a burial ground of culture by extinguishing the way of life and livelihoods,” Mittal said.

In an emailed statement, UNESCO told Foreign Policy that it “has never at any time asked for the displacement of the Maasai people” and proposed a negotiated solution. UNESCO has offered “to provide technical assistance to the United Republic of Tanzania in the management of the property. The Organization can help determine the way forward ensuring that any decision on this issue is based on ‘free, prior and informed consent,’” a spokesperson for the body said.

Some conservationists argue that population growth in Africa needs to be managed to curb wildlife habitat loss in many countries. But in several cases, such as in Ghana, locals continue to fight for Indigenous management and protection of national parks. In Kenya, Ogiek communities, traditional forest-dwelling people, are contesting land taken by the Mount Elgon National Park.

They argued at last week’s congress that state officials must work with Indigenous communities as custodians rather than seeing them as threats—despite extractive industries posing a significant threat to these lands. For example, while poachers are shot on sight, logging and mining projects regularly take place on protected land with no similar punishment. The trend is not limited to Africa.

In a 2018 article for Foreign Policy, Alexander Zaitchik warned that a form of conservation colonialism was taking hold in Ecuador, depriving Indigenous communities of ancestral land. In Tanzania, this is often done to benefit international tourism. By , Foreign Policy

Country Queen.[Netflix]

If you are an avid social media user then you have seen, heard, or read about the new Kenyan series Country Queen that has been causing a buzz, and you had better believe the hype.

Being among the few Kenyan films to be launched on Netflix, of course, it was a big deal, especially for Kenyans and the Kenyan film industry.

The six-episode drama series directed by Victor Mbaya is set in a small village called Tsilanga, officially known as Silanga, which is under 'attack' by an invasive mining company. 

The storyline is well-written, unpredictable, and full of twists that will keep you glued to your screen throughout the whole series, without forgetting the captivating cinematography.

The film tackles pertinent social, economic, and political issues that affect Kenya and Africa as a whole, such as child labour, corruption, greed, and capitalism.

There is no denying that the film's best and most important aspect was the casting. The peak of it all was watching fresh faces blend in with the old, to fervently bring their robust characters to life.

Melissa Kiplagat does a good job at bringing out the character of Akisa, the main protagonist in the film, who finds herself intertwined in the two worlds of being a city girl and a country queen, all the while battling her past demons.

Nini Wacera, on the other hand, plays the biggest antagonist in the film, and she will make it worth your while as she gives her character much personality. 

And let’s not forget the late Olwenya Maina in his last act. His vigour and love for the arts will be sorely missed.

This might just be one of the few films that are likely to put Kenya on the global map.

However, there are a few scenes that don't quite add up, the kind of scenes you hope will make sense as you follow the film through but it doesn’t just get there.

Do you think you should watch this drama series? Absolutely!  By Lolita Bunde ,The Standard

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