Rigathi Gachagua Loses K Sh 202m to State, Court Says Its Proceeds of Corruption Source: UGC
The Kenya Kwanza Alliance presidential running mate Rigathi Gachagua has been ordered to forfeit KSh 202 million to the government.
In a ruling on Thursday, July 28, High Court judge Esther Maina said the Mathira MP failed to explain how he acquired the wealth from government agencies.
She ruled that the outspoken lawmaker acquired the money from government agencies without supplying any goods or services thus was proceeds of corruption
Kampala, Uganda- Uganda’s President Yoweri Museveni has appointed Nobert Mao as Minister of Justice and Constitutional Affairs less than 24 hours after signing a 'working cooperation agreement' with the opposition Democratic Party (DP) causing fracas reaction from opposition members in the Country.
President’s appointment of Nobert Mao’s has left fellow opposition members in shock. Earlier this year, Mr. Mao accused four-time Presidential aspirant Dr. Kizza Besigye of FDC and NUP Robert Kyagulanyi of secretly supporting Museveni while posing as opponents.
He even threatened to release evidence if the situation became worse. He also requested a group of DP members who were supporting the National Unity Platform as being like watermelons with a green exterior but crimson interiors (DP) to quit the party so it could run smoothly.
But it was by surprise to Ugandans both in the opposition and in the ruling party seeing Democratic Party-DP president Norbert Mao and The National Resistance Movement-NRM President Yoweri Museveni signing cooperation pact at State House, Entebbe.
The relationship between Mr. Norbert Mao and President Yoweri Museveni began back in February 2010 when six political parties signed an MOU to establish the multiparty forum known as the Interparty Organisation for Dialogue (IPOD).
Since, the two has been seen at public events rubbing shoulders which made many in the opposition to think he was working for President Museveni that has eventually to come out to be true.
In the current deal, on the basis of respect for each other's sovereignty and independence as well as shared interests, the two parties resolved to deepen and strengthen their already positive and long-lasting working relationships in the fields of political dialogue, justice, the rule of law, and constitutionalism.
In exchange for another DP leader being nominated to a subordinate cabinet position, it was decided that Norbert Mao, the DP president, would be appointed Minister of Justice and Constitutional Affairs.
For the avoidance of ambiguity, it is expressly agreed in this agreement that these ministers will keep their positions until the end of the 11th Parliament or until the expiration of this agreement, whichever comes first.
According to the deal, as Minister for Justice and Constitutional Affairs, Mao will be the lead minister for coordinating the national dialogue and the whole of government response on constitutional reforms with the mandate to coordinate budget proposals in the justice law and order sector.
According to the agreement, DP must also suggest four candidates from the opposing party for positions in governmental departments, statutory bodies, and agencies.
The ministerial and other public sector positions that are made available to DP must take into account the areas where the opposition party's knowledge can benefit the current NRM administration.
The National Resistance Movement will also support the appointment of a member of the Democratic Party to the position of head of a standing committee and another member of the Democratic Party to the position of deputy chair of another committee.
The new agreement requires Mao and any other Democratic Party members selected to the cabinet to uphold collective responsibility as part of the cabinet norms.
In order to carry out their ministerial duties, Democratic Party ministers "commit to be bound by the cabinet rules, and in particular, agree to be bound by the articles on behavior, public duty, and personal interests of ministers," according to the agreement.
"Democracy Party ministers consent to be held accountable for their ministerial positions collectively.
They will speak on behalf of the government and represent the government's viewpoint with regard to those responsibilities when discussing portfolio responsibilities.”
According to this rule, Mao will be required to go by what cabinet decides and will no longer be free to communicate his own positions that are divergent from what cabinet has decided.
Mao replaces Muruli Mukasa, the Public Service minister who was appointed acting Justice minister earlier this year.
He will join Beti Kamya who also abandoned her party to join Museveni's cabinet, where she currently works as Inspectorate General of Government (IGG).
Following the signing of the collaboration agreement, Museveni praised Mao for promising to work on getting the DP to cooperate with the NRM.
He said that this was something that ought to have been handled at the highest administrative level a long time ago.
"The past is familiar to you, because I was a very active member of DP, I keep reminding you that the organization is not serious without Museveni "Museveni declared adding that he was thrilled with this accomplishment.
DP, he claimed, has been polite and non-destructive even if it has been backing the opposition.
On behalf of his party, Mao expressed appreciation for the "milestone," noting that it was the culmination of a long journey that began before some of them were even born.
He informed Museveni that he now has the historic chance to bring together party members who are dispersed throughout Uganda.
Mao asserts that Museveni's agreement will be respected even after his passing.
Mao advised, "You must seek them out wherever they may be among all the political parties and everywhere in Uganda.
He declared that DP is dedicated to upholding the terms of the agreement.
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
Kirinyaga East assistant county commissioner Jacqueline Waliaula. Image:HANDOUT
The deceased was heavily pregnant at the time of her death.
In Summary
•The source said the deceased's body was discovered in her bedroom by a nanny who later informed one of their neighbours, a police officer.
DCI detectives are investigating an incident where a government official was found dead at her house in Kirinyaga county.
A sleuth privy to the investigations told the Star that Kirinyaga East assistant county commissioner Jacqueline Waliaula's body was retrieved from her house on Wednesday morning.
"Preliminary report has it that she vomited a bit yesternight and said she would go to the hospital today," the detective who requested for anonymity due to the sensitivity of the matter said.
The source said the deceased's body was discovered in her bedroom by a nanny who later informed one of their neighbours, a police officer.
"Her nanny woke up to her duties of preparing breakfast but suspected something was wrong as she hadn't left her room. She decided to go to her room only to find her lying on the bed on her belly. She called their neighbour, a police officer, and it was at this point that she was confirmed dead," he said.
The deceased was heavily pregnant at the time of her death. The cause of her death is yet to be established.
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
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