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Maj Mark Wanyama, a Uganda People's Defense Forces (UPDF) officer, who is accusing Mukono businessman Jackson Twinamasiko of trespassing on his land, has threatened to take a criminal path if he doesn't get justice from the courts of law.

Wanyama issued the threats while appearing before the Mukono chief magistrate, Roselyn Nsenge today Thursday. The magistrate had instructed Wanyama to testify with caution. It came after Stephen Turyatunga, the lawyer representing Twinamasiko requested the court to consider a nearby date for a decision on whether to proceed with the trial or dismiss it.

Turyatunga argued that his client had been notified by the crime investigations department (CID) of additional charges similar to those already before the court. 

He said “Once the court insists on adjourning the matter to November, the complainant is going to keep on bringing more similar cases even before this is concluded, your worship I request that you consider a nearby date at least in October to have this matter decided as we wait for the High court to give its position on the rightful owner of the contested land.”

In response, Nsenge cautioned both parties against overburdening the court with unnecessary cases and urged them to let the law take its course.

"Filing separate cases on the same matter must stop. You will not achieve your goals by wasting the court's time. Let's file cases with substance,” she warned.

This did not go down well with the complainant when asked whether he had understood the caution. Wanyama expressed his dissatisfaction with the caution, stating that such warnings wouldn't deter him when his properties were at stake. 

He asserted, "These people think that just because we are soldiers, we should not fight for what belongs to us. I can take the same path as he did to reclaim what is rightfully mine." 

The case dates back to August 1, 2023, when Twinamasiko went to the CID to follow up on a complaint he had filed against Ben Mugisha, a police officer attached to the land protection desk. 

He, however, was arrested during this visit. While he was later granted a police bond, Twinamasiko was arrested again two days later on August 3 on charges related to property damage, removal of boundaries, and trespassing on land claimed by Wanyama. The disputed land is located on Mbeya Island in Mpunge sub-county within the Mukono district.

Twinamasiko was presented in the Magistrate's court and granted bail. Twinamasiko's lawyer argued that the case is fundamentally civil in nature but has been inappropriately criminalized. The prosecution sought an adjournment because the complainant was absent, and they needed more time to respond to the complaint's lawyer's submission.

The prosecution argued that the case involves possession rather than ownership and stated that the trespass occurred on June 9, 2021, with damage to Wanyama's properties. Turyatunga maintained that the soldier used military force to take over land that was previously in civilian possession, going against an interim court order obtained on November 27, 2019, and a subsequent temporary injunction issued in February 2020.

The injunction allowed the defendant to continue using the land and restricted the complainant from entering the same land. Nsenge agreed with the defendant's lawyer and rescheduled the matter from November 9, 2023, to an earlier date, October 16, to decide whether to drop the charges or continue with the trial. - URN/The Observer

JOHANNESBURG

South Africa's anti-apartheid struggle stalwart Aziz Pahad has died, his family and the ruling African National Congress Party (ANC) announced. He was 82.

Pahad passed away on Wednesday evening at his home in Johannesburg. His brother Essop Pahad, also a veteran of struggle against white minority rule, died in July.

The ANC said it will remember Pahad as a patriot, freedom fighter, and servant of the people throughout his life.

“He was a dedicated member of the ANC, a brilliant diplomat, and a strategist who served as a member of parliament and deputy minister for international relations from 1994 to 2008,’’ it added.

President Cyril Ramaphosa extended his deepest condolences, saying “Aziz Pahad worked for our freedom during his decades in exile in the United Kingdom, Angola and Zambia – a period during which he played a diversity of roles including as a member of the ANC's Revolutionary Council and the Political Military Committee and being part of the ANC negotiating team that secretly met representatives of the apartheid regime and also with leading members of the Afrikaner community."

He described Pahad as a "consummate diplomat" not only in the service of South Africa, but in support of causes for freedom and justice elsewhere in the world, notably advocating the plight of the Palestinian people. Anadolu Agency

Ex-IEBC chairperson Wafula Chebukati during IEBC stakeholders meeting in Nairobi on a forum to dialogue and evaluate the 2022 General Election on December 23, 2022. [Jonah Onyango, Standard]

Former Independent Electoral and Boundaries Commission (IEBC) Chairperson Wafula Chebukati has turned down a request to appear before the National Dialogue Committee.

Taking to X, (formerly Twitter) Chebukati said that former IEBC commissioners Professor Abdi Guliye and Boya Molu will also not make an appearance before the committee on Thursday, September 28. 

According to Chebukati, the issues the committee wants them to discuss have already been dealt with, adding that a Commission of Inquiry should be formed to probe activities in the 2022 general elections. 

“To participate would be to betray IEBC staff who were tortured, murdered, and a reward for impunity. Instead, a Commission of Inquiry should be formed,” he posted.

The former electoral agency chairperson tagged the two former commissioners in the post. Ex-commissioner Molu reposted.    

Guliye’s last activity on the platform was on September 13, where he reposted a judgment of the Supreme Court in a case pitting the Commission against nominated MP

Chebukati, Molu, Guliye, and commissions CEO Marjan Hussein Marjan have been on record saying that the election was free and fair.

This has however been contested by the Azimio coalition led by Raila Odinga and Martha Karua who maintain that they defeated President William Ruto and his Deputy Rigathi Gachagua in the 2022 polls.

They were expected to appear before the committee alongside former Vice Chairperson Juliana Cherera as well as former commissioners Francis Wanderi, Irene Masit, and Justus Nyang’aya.

The committee which is holding its sittings at the Bomas of Kenya in Nairobi, has been collecting views from Kenyans on electoral justice and the cost of living.

It will also collect views on the fidelity to the Political Parties Act outlawing the meddling of parties by the ruling coalition or party and the entrenchment of the Constituency Development Fund as well as the offices of the Prime Cabinet Secretary and Opposition leader in the constitution.

Already, former Attorney General Professor Githu Muigai and the Registrar of Political Parties Ann Nderitu have made their submissions. 

Others expected to make an appearance are the Council of Governors, the Media Council of Kenya, the National Cohesion and Integration Commission, and the Kenya Institute for Public Policy Research Analysis as well as lobby groups Amnesty International and Transparency International. By Fred Kagonye, The Standard

KISUMU, Kenya, Sep 28 – UN Secretary General Antonio Guterres has appointed Kisumu Governor Anyang’ Nyong’o as an advisor on Local and Regional governments.

Nyong’o joins the UN Advisory Board that will play a role in strengthening the engagement of local and regional governments in intergovernmental planning processes.

Given the important role of local and regional governments in consonance with the national governments to achieve the SDGs, the Advisory Group will advise the United Nations Secretary-General on matters pertaining to local and regional governments’ engagement and action, to inform Member States’ decision-making in relation to recovery measures from multiple and overlapping crises and implementing international agreements and standards, including on sustainable development, gender equality, social inclusion, climate action, the new urban agenda, and human rights.

“As a member of the Advisory Group, I trust I can count on your knowledge and expertise on multi-level governance to localize and align efforts to achieve the Sustainable Development Goals”.

The establishment of this Advisory Group also offers UN Member States an unprecedented opportunity to promote inclusive, networked, and effective multilateralism, as envisioned in the United Nations Secretary General’s “Our Common Agenda”.

The Advisory Group’s recommendations on local and regional governments’ engagement in intergovernmental processes, could also inform Member States as part of the “Pact for the Future”.

In his acceptance of the appointment, Governor Nyong’o thanked the UN Secretary General for the honour bestowed on him to be a member of this very important committee.

“It is with humility that I accept this appointment, promising that I will do my best to promote the ideals and objectives of the UN as a member of the Advisory Group in advancing the cause of local and regional governments”.

Governor Nyong’o is also the current United Cities and Local Governments of Africa (UCLGA) Vice President for East Africa. He also sits on the Presidency of UCLG Africa as well as the Executive of UCLG World. By Ojwang Joe, Capital News

Prime Cabinet Secretary (C) with EACC Chairperson David Oginde and CEO Twalib Mbarak during the launch of EACC Strategic Plan for 2023-2028. PHOTO/@EACCKenya/X  

The Ethics and Anti-corruption Commission (EACC) has announced partnerships with UN bodies in its fight against corruption.

Among the bodies roped in are the United Nations Office on Drugs and Crime (UNODC) and the United Nations Convention against Corruption (UNCAC). 

Prime Cabinet Secretary Musalia Mudavadi said that the two bodies had been partnering with the government in the fight against corruption, and would still partner with them in their strategic plan for 2023-2028.

"States parties to this convention are expected to cooperate in every aspect of the fight against corruption, including prevention, investigation, asset recovery and the prosecution of offenders. States are also required to act in the private and public sectors and to promote the work of civil society in this area," Mudavadi said during the report launch on Tuesday.

"Kenya will continue to domesticate all provisions of the convention to ensure that we have a robust policy, legal and institutional framework that will systematically tackle corruption." 

Mudavadi also called on EACC to collaborate with other anti-graft agencies locally such as the Office of the Auditor General, the Office of the Director of Public Prosecutions, Parliament, the Directorate of Criminal Investigations, the Assets Recovery Agency and the Financial Reporting Centre among others.

 

Mudavadi's pledge to EACC

Mudavadi, who pledged that the government would provide EACC with resources, asked Kenyans to elect leaders of integrity into office to help combat corruption.

"Citizens must also understand that one of the most effective ways to contribute to the combat against corruption is by electing leaders of unwavering integrity to public office and ensuring that state officers are not only qualified but also maintain their suitability throughout their tenure. Consequently, the government will provide ample resources to empower EACC to effectively implement the civic preventive strategies outlined in the Strategic Plan," Mudavadi added.

Mudavadi also urged EACC to prosecute all corruption cases and individuals without regard to their status or position in society.

"No individual, regardless of their position or influence, should be considered a “sacred cow” immune to accountability. The EACC must investigate and prosecute cases of corruption without prejudice, upholding the law equally for all citizens," he added. By Francis Muli , People Daily

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