Appeals Court President Daniel Musinga during the ruling on the BBI on August 20, 2021. Image:EZEKIEL AMING'A
In Summary
At the Court of Appeal, BBI proponents put up a spirited fight, arguing that the bill was promoted by the secretariat and not the president.
There was also a heated argument on finding that it was unconstitutional for the Kenya Bill to directly allocate and apportion constituencies.
The High Court’s finding that the BBI Bill touched on unamendable clauses of the Constitution is among the contentious determinations at the center of focus as the Court of Appeal rules on the drive.
In their scathing ruling nullifying the entire BBI process on May 14, the High Court found that the bill sought to interfere with the doctrine of basic structure that protects certain fundamental aspects of the Constitution.
“There are certain provisions in the Constitution which are insulated from any amendment at all because they are deemed to express categorical core values,” the bench ruled.
The Judges said the provisions are unamendable and cannot be changed through the exercise of ‘secondary constituent power or constituted power.’
The finding arouses bitter arguments during the hearing at the Court of Appeal, with proponents’ lawyers bitterly faulting the Judges for the ruling.
“It is inconceivable that we can even attempt to entrench the doctrine of basic structure when the Constitution expressly provides the opposite and allows for any amendment through a parliamentary process or through a popular initiative,” senior counsel George Oraro said.
Former Attorney General Githu Muigai argued that the Constitution bestows the powers to change any part of the constitution on the people.
“We cannot agree on who the people are and can’t agree on basic structure when our constitution is very clear on what can be done to change it,” Githu said.
In their ruling, the Judges said that the Basic Structure of the Constitution consists of the foundational structure of the Constitution as provided in the Preamble; the eighteen chapters; and the six schedules of the Constitution.
“It also includes the specific substantive areas Kenyans thought were important enough to pronounce themselves through constitutional entrenchment including land and environment; Leadership and Integrity; Public Finance; and National Security,” they said.
The Judges declared it as unconstitutional, null and void the entire BBI process that culminated in the Constitution of Kenya (Amendment) Bill, 2020.
Also at the core of attention is the High Court determination that the BBI steering committee appointed by President Uhuru Kenyatta was unconstitutional.
They said that President does not have constitutional mandate to initiate constitutional amendments through Popular Initiative under Article 257 of the Constitution.
“To the extent that the BBI Steering Committee was employed by the President to initiate proposals to amend the Constitution contrary to Article 257 of the Constitution, the BBI Steering Committee is an unconstitutional entity,” they ruled.
At the Court of Appeal, BBI proponents put up a spirited fight, arguing that the bill was promoted by the secretariat and not the president.
The President, through his lawyers, argued that he was condemned unheard when the court declared that he has breached the constitution by the finding that he initiated the constitutional amendment process.
“In taking initiatives to amend the Constitution other than through the prescribed means in the Constitution, the President failed to respect, uphold and safeguard the Constitution and, to that extent, he has fallen short of the leadership and integrity threshold set in Article 73 of the Constitution and, in particular, Article 73(1)(a) thereof,” the judgement reads.
They also found that there was no enabling legislation as regards the conduct of referenda.
There was also a heated argument on finding that it was unconstitutional for the Kenya Bill to directly allocate and apportion constituencies.
IBEC, through its lawyers, sought to fight the High Court’s determination that it cannot conduct any proposed referendum as it had no quorum to conduct any business.
“It has not carried out nationwide voter registration and has no legal or regulatory framework for the verification of signatures as required by Articles 257(4) of the Constitution,” the court ruled. Edited by D Tarus, By Julius Otieno, The Star
Ethiopian Airlines Group, an aviation group in Africa, has established a global standard cargo Conversion program to convert the B-767-300 ER to dedicated freighter services in partnership agreement with Israel Aerospace Industries (IAI).
Ethiopian Airlines Group Chief Executive Officer, Mr. Tewolde GebreMariam, said, ‘’In line with our Diversified Aviation Business Model of Vision 2025, we have been increasing our cargo capacity in fleet, ground service infrastructure and cargo connectivity network. Accordingly, we are partnering with IAI, one of the global technology leaders in the Aerospace industry, in building a cargo conversion center in our MRO facilities in Addis Ababa Airport.
The Cargo conversion center will commence its first business with three Ethiopian Airlines owned B-767-300 aircraft. The Cargo Conversion Center in Addis Ababa airport will expand its services to all airlines in Africa and the wider region. We are very happy that we are able to collaborate with IAI to enable us to expand our cargo and logistics services which is already the largest and leading cargo network in Africa. The capacity building will also help us expand our MRO services with cutting edge technology and knowledge transfer.”
Yossi Melamed, IAI's Executive VP and General Manager of Aviation Group on his part said: “We are witnessing a sharp rise in the demand for cargo aircraft as a result of the rise in ecommerce, which has peaked to record levels during the COVID-19 pandemic. IAI has an excellent reputation as a conversion center of passenger-to-freighters aircraft, and we are constantly receiving requests to open such conversion centers in more and more locations around the world. I am excited by the opening of the current center in Ethiopia and thank my colleagues in Ethiopian Airlines for the trust they have put in IAI’s Aviation Group, as the world’s leader in conversions."
The new passenger-to-freighter conversion centre, which will operate from the Ethiopian MRO centre in Addis Ababa, will provide solutions for the rising demand for cargo aircraft of B767 models.
The conversion line in Ethiopia will join existing conversion sites IAI operates at its campus in Ben Gurion International Airport and in Mexico. It is to be recalled that Ethiopian MRO, with its internal capacity, temporarily converted 25 of its passenger aircraft to freighter to boost its cargo capacity as demand to transport emergency medical supplies soared. Source: ABC
The Ugandan government has bumped up its investments in science, a sector that has long been among the most poorly funded in the country, in a bid to boost economic growth.
Investments have included the establishment of regional science parks, technology incubation hubs and a US$140 million scientific research and innovation fund. The country is also looking to pay its scientists more to stop the brain drain that occurs when highly educated people leave in search of better opportunities.
Salary Explorer, a salary comparison and career resources website, indicates that a Ugandan scientist typically earns around sh5.55 million [US$1,549] per month. President Yoweri Museveni recently proposed raising the monthly salaries of government scientists to sh4million [US$1,126] when they join public service, while top scientists in the country’s premier research institutions would earn sh15 million [US$4,222].
Uganda’s investments in its science sector are already paying off. Two Ugandan researchers working under the auspices of the Presidential Scientific Initiative on Epidemics — Prof. Patrick Ogwang, a member of the Pharmaceutical Society of Uganda who has in the past carried out groundbreaking research on anti-malaria and sickle cell remedies for Africa, and Dr. Alice Lamwaka, a Gulu University lecturer — have developed two herbal therapeutics that treat COVID-19.
The therapeutics, which go by the trade names Covidex and Covilyce, have been approved by Uganda’s National Drug Authority. They’re sparking interest in Kenya and Tanzania, as well as among Ugandans, many of whom are yet to be vaccinated against COVID.
Just 1.16 million people in Uganda, an East African country of 45 million, have gotten the vaccine, which is in short supply in much of Africa. That accounts for just 2.2 percent of Uganda’s population, according to the latest Africa CDC statistics. Still, that’s higher than the 1.75 percent of the continent’s population considered fully vaccinated.
“The recent lifting of the 42-day lockdown was partly attributable to a fall in cases, but the country is not yet out of the woods. Increased vaccinations are the way to go,” said Dr. Misaki Wayengera, one of Uganda’s leading health experts.
In recent months, prominent Africans such as South Africa President Cyril Ramaphosa, Rwanda President Paul Kagame, World Trade Organization Director General Ngozi Okonjo Lweala, Africa Centres for Disease Control and Prevention (Africa CDC) Director Dr. John Nkengasong, WHO Director-General Dr. Tedros Adhanom Ghebreyesu, Kenya President Uhuru Kenyatta and Uganda President Yoweri Museveni have all blamed the continent’s low vaccination rate on the vaccine nationalism practiced by developed nations. Museveni noted that Africa’s scientists are taking a homegrown approach to bridge the gap.
“Our scientists have been working on therapeutics and also on a vaccine,” Museveni said. “On the vaccine front, we are moving very well, only that we were delayed with the perception that Africa is not supposed to manufacture vaccines. With the vaccine, we have got to phase four out of nine phases. We hope to get to stage eight by November 2021.”
Though Uganda’s science community welcomed the investments and proposed salary hikes, they said it fails to address two key areas: agriculture and biotechnology.
“The resolve augurs well for the country’s sciences sector but this government’s goodwill should also extend to the agriculture sciences sector,” said Joshua Opita, an agricultural and livelihoods expert. “It is about time the country reconciles itself to agri-biotechnology, like Kenya and many other African countries have. It is time to make haste on the passing into law of the National Biotechnology and Biosafety Bill, as the outgoing speaker of the country’s parliament suggested earlier this year.”
Though Museveni has expressed rhetorical support for agricultural biotechnology, he has never taken the steps that would turn bills passed by Parliament into law.
Earlier this year, while launching an Agro Genetic Technologies laboratory in Mukono, a district in Central Uganda, Parliamentary Speaker Rebecca Kadaga reportedly said she would again push to have the National Biotechnology and Biosafety Bill passed into law.
“People keep saying they do not want biotechnology in agriculture and yet the vaccines being administered to us are a result of biotechnological science,” Kadaga said.
Opita said he is hopeful that the bill will get passed even if Kadaga does not continue as speaker.
“The application of biotechnology in agriculture will result in many benefits to the country’s farming sector,” he said. “Agri-biotechnology will offer great potential for sustainable smallholder farm production, not only in Uganda but across the region. It will also offer great potential to enhance the country’s food quality and safety and to lower food costs, especially in tough times like these.”
Though Uganda is now putting money behind its pledge to support its scientists to further research and product development and has earmarked sh358 billion [US$100 million] in its 2021/22 budget, the African continent as a whole lags in funding science.
A recent article in The Conversation, an independent source of news and views from the academic and research community, reported that Africa’s research and development funding was only 0.42 percent of GDP in 2019, compared to the global average of 1.7 percent. No country in Africa is spending even 1 percent of its gross domestic product on research and development, according to a recent UNESCO science report.
In the East African region, Kenya has been outspending its neighbours, making significant strides as a major research hub. According to the Conversation article, Kenya invests about 0.8 percent of its GDP in research and development. Its president recently announced Kenya is committed to investing up to 2 percent of its annual national budget in research and innovation.
Image: A Ugandan scientist works in a laboratory at the Uganda Virus Research Institute. Photo: Richard Wetaya, Source: Allliance for Science
Gen. Thomas Cirillo Swaka. Photo via Radio Tamazuj
The South Sudan Opposition Movements Alliance (SSOMA) led by Gen. Thomas Cirillo has accused President Salva Kiir of deliberately planning to exit the Sant’Egidio mediated Rome talks so that he can launch all-out attacks on the alliance’s forces, particularly the National Salvation Front (NAS) in areas of Central Equatoria State.
In a press release on Thursday responding to President Kiir’s statement on the ambushing and killing of two nuns and three other (men) travelers on the Juba-Nimule road on Monday, SSOMA condemned the president’s statement and indicted him of wishing to keep the country in a state of perpetual war and insecurity.
On Tuesday, President Kiir wrote: “The Government signed the Rome Declaration, the Recommitment to Cessation of Hostilities and the Declaration of Principles with the Holdout Groups with the goal of stopping the fighting and saving innocent lives. Now that the non-signatories to the Revitalized Peace Agreement continue to violate these commitments, the Government may reconsider its position on the ongoing Sant’Egidio led Rome Initiative. Our pursuit of an inclusive peace should never be taken for weakness and used as a window to kill the innocent.”
SSOMA’s statement read in part, “The South Sudan Opposition Movements Alliance (SSOMA) has come across a disturbing statement by the President of the Republic of South Sudan. On the 17th of August. 2021, the President of the Republic of South Sudan, Gen. Salva Kiir Mayardit, issued a statement on the killing of the innocent civilians along the Juba-Nimule road, in which he fallaciously laid the responsibility of the attacks on the “Holdout Group”, regime’s usual derogatory reference to the SSOMA. In the same statement, the President threatened to reconsider his regime’s position on the ongoing Sant’Egidio Peace Process.”
It added: “SSOMA denounces and condemns in the strongest terms possible President Salva Kiir’s statement. The statement is irresponsible, false, misguided, revealing yet again the lack of sympathy for the lives lost, and the usual wish to keep the country in a state of perpetual war and insecurity as the President prepares to launch a military offensive on SSOMA’s members’ position.”
SSOMA said it is an alliance of patriotic organizations that are committed to realizing the aspirations of the people of South Sudan to live in freedom and dignity and cannot commit atrocities against the very people it is struggling to liberate from the tyranny of the regime in Juba.
“SSOMA holds the regime of Salva Kiir responsible for the highway robberies and killings in South Sudan. The road ambushes in South Sudan have increased dramatically, especially on Juba-Nimule road,” the SSOMA statement said. “The government on several occasions has been displaying criminals suspected to have been behind these road ambushes and kidnappings on national TV. Most of these criminals, unfortunately, are members of SSPDF and the Tiger Division, the President’s personal bodyguards.”
The opposition grouping said it was not surprised by the anti-dialogue and pro-violence rhetoric of President Kiir and that it will not deter them from the course of pursuing just and lasting peace in South Sudan.
“SSOMA assures the citizens of South Sudan of its commitment to work hard with all like-minded groups in the country to bring the suffering of the people to an end,” the statement read. “SSOMA is aware of and closely monitoring the regime’s troop build-up in Yei, Morobo, Kojo-Keji, and Lobonok in preparations for all-out attacks against the forces of the National Salvation Front (NAS).
According to SSOMA, the utterances aimed at revoking the Rome Declaration are a desperate tactic and a smokescreen for seeking justification to wage a military offensive against their positions.
The armed opposition consortium also fingered SSPDF troops of targeting the church and killing scores of clergymen in the past.
“The Church and the Christian community have been persecuted and targeted by elements of the Kiir regime for the last few years. At least forty (40) church leaders have been killed by the regime of Salva Kiir across South Sudan between December 2013 and March 2017,” SSOMA charged. “These attacks and killing incidences include: the killing of a Slovak Catholic nun and physician, Veronica Teresa Rackova, in Yei County in 2016 by an SSPDF, Rev. Simon Kwaje in 2017 in Yei County; Johnson Makueth Akken and his wife of House of God for All Nations shot dead in Gudele Block 4 on 3rd May 2021…”
SSOMA called on the international community and relevant organizations to investigate the incidents and inform the people of South Sudan of the perpetrators of these killings.
“SSOMA is committed to the Rome Declaration and reaffirmed its commitment to the Cessation of Hostilities; however, reserves the right to defend itself and the people of South Sudan if attacked,” the press release concluded. - Radio Tamazuj
Burundi's economic capital, Bujumbura is also the central African country's artistic and creative powerhouse.
Clovis Mwizero, an economist-cum artist lives here.
With his wife, Mwizero has created La Maison du Bois where he designs and makes decorative objects and furniture out of wood.
"La Maison du Bois is an art company, a family business founded by two people who are passionate about art. It is simply an art house that accompanies couples as they build their homes from engagement, marriage through to old age, I would say," said Mwizero.
He says wood brings a natural feel to a house and unlocks the imagination, as opposed to other materials used to make decorative or household articles such as plastic, metal, or paper.
"In wood you can find everything, you can find the elements of decoration, you can even make wooden watches, you can make wooden handbags, you can make beautiful paintings of weddings or events".
Mwizero's passion for art is shared by his wife Gloria, who mostly specializes in knitting children's toys and decorative accessories.
"A doll is an object of education for children because it helps especially the little girl, it helps her to grow up, to have confidence in herself," she said.
With wood as the raw material for their business, the couple has ventured into agroforestry, planting several hectares of trees.
Mwizero is also giving woodwork and carpentry lessons to youths waiting to enter university at his workshop. - Africanews
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