The director of public prosecutions (DPP) is opposed to the bail application of Hajji Ali Mwizerwa, who is accused of defiling his 14-year-old stepdaughter.
The DPP filed a 25-page written submission to the court, signed by senior state attorney, Timothy Amerit ahead of the upcoming hearing scheduled for November 26, 2024.
In his bail application, Mwizerwa claimed that he was arrested on September 30, 2024, at Kajjansi police station, and detained for seven days before being transferred to Nateete police station for another four days. He was subsequently charged with aggravated defilement on October 11, 2024, and remanded to Kigo prison.
Mwizerwa argued that he has no prior criminal record and that the case has faced significant delays, as the prosecution informed the lower court on October 30, 2024, that investigations were ongoing. He further stated that his family has endured mental, psychological, and financial hardships since his arrest.
He emphasized that as a law-abiding citizen with a fixed place of abode in Bulenga-Kikaaya A Zone, Ssumbwe Parish, Wakiso sub-county, and Bweya, Kajjansi town council, Wakiso district, he is entitled to bail based on his constitutional right to presumption of innocence.
He also argued that the offence charged does not involve violence and that he poses no risk of interfering with witnesses or investigations. Mwizerwa cited health concerns, specifically his struggles with gastric ulcers and high blood pressure, which he argued could worsen if he remains in detention for an extended period. He also presented sureties, claiming they would ensure his compliance with bail terms.
However, the DPP, in response, opposes Mwizerwa’s bail application, citing five key grounds for denial. The DPP argues that the charge of aggravated defilement is a serious offence, punishable by a life sentence or the death penalty, which makes it likely that Mwizerwa would abscond from the trial if granted bail. The prosecution further contends that there are no exceptional circumstances that would warrant Mwizerwa’s release.
The DPP also said Mwizerwa’s bail application because his residences in Bulenga and Bweya are not verified, and his ties to Juba, South Sudan, pose a flight risk. Furthermore, the prosecution asserts that his international connections and previous stays outside Uganda heighten concerns about his commitment to remain within the jurisdiction.
The DPP also questions the sufficiency of Mwizerwa’s sureties, stating there is no evidence of their financial ability to meet bail conditions. Additionally, the DPP highlights the risk to public safety, as the victim has expressed feelings of vulnerability and insecurity due to Mwizerwa’s close familial ties. The victim was reportedly attacked on October 31, 2024, at Nasser Road, where she was dragged into a hostile crowd that blamed her for Mwizerwa’s legal predicament.
The prosecution further cites an affidavit from Sabila Abdella, the OC CID at Kajjansi police division, noting that Mwizerwa's actions justify a restrictive stance on bail. Abdella referenced Ugandan case law that denies bail for capital offences to prevent risks to public safety and justice.
In conclusion, the DPP asserts that the nature of the offence, the likelihood of Mwizerwa absconding, the potential for interference with witnesses, and the high public interest in the case strongly support the denial of his bail request. Mwizerwa's troubles began when his wife accused him of defiling her daughter, leading to his arrest and subsequent legal proceedings. By URN / The Observer
Mine shaft at the Stilfontein in the North West where illegal mining takes place.
An attorney at the Right2Protest Project at Wits University’s Centre for Applied Legal Studies, Felix Quibe, says the State can argue that assisting illegal miners would be tantamount to aiding and abetting criminality.
The court is expected to determine the fate of the unknown number of illegal miners.
An organisation called Society for the Protection of our Constitution approached the court for relief for the illegal miners.
Quibe says, “There are reports that some of the miners underground, due to starvation, they don’t necessarily have the power on their own to exit, so they could still need actual assistance from the government.
So, they could rely on the right to life which cannot be limited, otherwise the right to health and human dignity. On the government side, they could rely on that an order imposing an obligation could simply be amounting to the government aiding and abetting criminal activities or assisting people in the commission of the crime.”
Meanwhile, efforts to retrieve miners are set to continue this morning at a Stilfontein mine.
Illegal miners who are underground fear being arrested.
Less than ten illegal miners have emerged from underground since Police Minister Senzo Mchunu’s visit to the site on Friday. By Additional reporting by Itumeleng Kgagane, SABC News
Abdirahman Mohamed Abdullahi of the opposition Waddani Party received more than 60 percent of the vote [File: Abdirahman Aleeli]
Abdirahman Mohamed Abdullahi, leader of Somaliland’s opposition, has been elected president of the breakaway region of Somalia, according to reports.
Abdullahi – also known as Irro – of the Waddani Party received close to 64 percent of the vote, beating the incumbent, President Muse Bihi Abdi of the Kulmiye Party, the Somaliland National Electoral Commission (NEC) said on Tuesday, according to local media and The Associated Press news agency.
Voters in Somalia’s breakaway region cast their ballot last week in an election that was delayed for two years due to lack of funding and other reasons.
Abdi, who was seeking a second term after seven years in office, trailed badly with about 35 percent of the vote.
Both candidates had campaigned promising they would resuscitate an ailing economy and push efforts to gain international recognition for Somaliland.
Somaliland, which declared independence in 1991 as Somalia descended into conflict, has built a stable political environment, in sharp contrast to Somalia’s security struggles.
The self-proclaimed republic sustains its own government, currency and security structures. However, it is not recognised by any country in the world, restricting access to international finance and the ability of its six million people to travel.
The government in the capital, Hargeisa, hopes to soon finalise a controversial deal that would grant neighbouring Ethiopia sea access. In return, Addis Ababa would provide an “in-depth assessment” of recognition.
The deal aroused fury in Somalia, which views it as a violation of its sovereignty, and prompted fears of conflict.
Ethiopia is a major contributor to a peacekeeping force in Somalia, fighting against armed groups there. But the agreement has drawn Somalia closer to Ethiopia’s historical rivals, Egypt and Eritrea.
Somaliland is also optimistic that the incoming Trump administration will revisit the United State's longstanding recognition of Mogadishu’s sovereignty over Somaliland.
Several leading US Department of State officials who worked on Africa policy during Republican leader Donald Trump’s first term have publicly voiced support for recognising Somaliland.
An extraordinary summit of the Southern African Development Community (SADC) is underway in Harare to discuss and find solutions to the security situation in the Democratic Republic of Congo as well as the political unrest in Mozambique following a dispute election.
Ministers of Defence including those responsible for foreign affairs convened on Sunday to ahead of the Heads of states summit on November 20.
The Summit comes at a time when Zimbabwean President Emerson Mnangagwa, who is expected to chair the summit, was one of the first heads of state to congratulate Chapo and Frelimo on electoral victory even before the Mozambique electoral body announced official results.
Although the regional block highlighted DRC as their main agenda, political analysts say regional leaders can no longer afford to turn a blind eye to the post-election violence unfolding in Mozambique.
The say the continued political unrest in that country will significantly affect land locked neighbours like Malawi, Zambia and Zimbabwe, who depend heavily on Mozambique’s ports for their imports and exports.
“Regarding the security situation in our region, the region is generally relatively calm and stable despite isolated insecurity, particularly in eastern DRC, where attacks on government forces and civilians by the armed groups have caused the displacement of approximately 6.4 million people countrywide, with more than 2.5 million people internally displaced within North Kivu province in the last two years alone,” says SADC executive secretary Elias Magosi.
He adds: “As a result of these armed attacks, the eastern part of the DRC has witnessed a dire humanitarian situation that requires an agent and well-concerted intervention. Since the deployment of Sami DRC in December of last year in support of the armed forces of the DRC and in collaboration with the DRC bilateral partners, the mission has made a significant impact in bringing relative peace and stability within its area of responsibility within North Kivu. Sami DRC deployment remains a critical deterrent against hostile armed forces to safeguard DRC’s territorial integrity.”
Magosi further points out: “I wish to express SADC’s appreciation to the member states that have contributed troops and resources to Sami DRC. We are also pleased to note the positive developments in implementing the United Nations resolution 2746 on Monusco’s support to the Sami DRC.”
“While commending the forces of the DRC for observing the ceasefire, we are concerned about the reported continued violation of the armistice by some armed groups and opposing forces in defiance of the very same deal. We strongly call upon all armed groups and opposing forces to cease all forms of hostilities and comply with the agreed truths.”
Further in his address to Ministers, he added: “Your meeting will consider recommendations from the defence staff committee on the future of this mission and all its related implications. The recommendations were informed primarily by the report of the field assessment mission conducted in North Kivu the first week of October this year.” By Sophie Mokoena, SABC News
When Equity Bank opened a branch in Kiritiri Market, Mbeere South Constituency which is the epicenter of Muguka trade on January 22, 2024. [Muriithi Mugo, Standard]
Equity Bank has announced a reduction in interest rates on both new and existing Kenya Shilling-denominated credit facilities, in line with an earlier pledge offering relief for borrowers.
The move comes even as other leading lenders remain slow to respond to calls by the Kenya Kwanza administration to cut their interest rates frustrating regulators and Ruto government officials amid an economic slowdown linked to the ongoing credit crunch.
This move follows the Central Bank of Kenya's (CBK) decision to lower the Central Bank Rate (CBR) from 12.75 per cent to 12.0 per cent to stimulate credit to the economy.
Yesterday, Equity Bank said effective November 18, 2024, it has cut loan charges to make credit more affordable and accessible. This marks the second time in three months that Equity Bank has adjusted its lending rates, with a previous reduction occurring in September this year.
The new interest structure will see the Equity Bank Reference Rate (EBRR) decrease from 17.83 per cent to 17.39 per cent which is then combined with a maximum margin of 8.5 per cent per annum.
“With this reduction, all new and existing customers with Kenya Shilling-denominated loans will benefit from lower borrowing costs, providing immediate relief and supporting their financial aspirations,” said Equity Group Chief Executive Officer James Mwangi in a statement.
Mr Mwangi had earlier promised to effect the cut during the release of the bank's financial results for the third quarter of 2024 at an investor briefing last week. He at the time emphasised that the reduction aligns with the CBK's objective to maintain economic stability amid improving inflation trends and favourable economic indicators.
Pressure has been mounting on commercial banks to lower interest rates, but many lenders had by press time yesterday maintained higher rates sparking concern from President Ruto and CBK Governor Kamau Thugge.
The move by Equity Bank, along with pressure from the CBK and government, could lead to a more significant reduction in lending rates by additional banks potentially benefiting Kenyan borrowers and fostering economic activity, analysts said.
The CBK’s MPC recently cut the Central Bank Rate (CBR) from 12.75 per cent to 12.00 per cent aiming to bolster economic activity amid declining inflation.
This followed another reduction of the CBR in August from 13.00 per cent to 12.75 per cent, as the CBK hopes to foster growth amidst a backdrop of declining inflation and a revised growth forecast.
However, banks except a few major banks like Equity Group have been slow to pass these rate cuts onto borrowers, citing concerns over rising funding costs and the quality of their loan portfolios.
The tightening of lending standards by banks is having a negative impact on the economy, as businesses and households are finding it more difficult to access credit.
This is leading to a further slowdown in economic growth and a rise in unemployment dealing a blow for government efforts to boost liquidity and access to capital for individuals and businesses.
Equity joins NCBA Bank, which was the first to respond to the latest CBR cut by reducing interest rates on loans.
Equity Bank in September had reduced its Reference Rate from 18.24 per cent to 17.83 per cent, a move aimed at stimulating credit uptake amid a challenging economic landscape.
Amid the CBR reduction, lending to the private sector has sharply declined, with growth falling from 3.7per cent in July to just 1.3 per cent in August.
This contraction is largely attributed to an increase in NPLs, which rose to 16.7 per cent of gross loans in August, up from 16.3 per cent the previous month.
Historically, Kenyan banks have been quick to raise rates whenever the CBK increases the benchmark rate, often citing rising costs of funds as justification.
This pattern has raised expectations that they would be equally responsive in lowering rates following the recent cut but banks have been reluctant.
“I would like to strongly urge the banks to lower their lending rates as soon as possible. This will be a win win for both consumers, investors as well as the banks as it would stimulate economic growth by boosting credit to the private sector while at the same time addressing the rising non-performing loans of banks,” said Thuge recently.
“With inflation declining steadily and expected to decline and the CBK easing monetary policy there is absolutely no reason not to have lower interest rates by the commercial banks.”
Thugge revealed in a meeting attended by several bank CEOs as well as President Ruto he has gathered bank CEOs to address the loan rates.
Thugge had expressed concern about the tightening of lending standards by banks, arguing it negatively impacts economic growth by hindering access to credit for businesses and households.
He stated, "There's absolutely no reason not to have lower interest rates by the commercial banks" with declining inflation and a more relaxed monetary policy stance by the CBK.
“Your Excellency, we have agreed with commercial banks that we will be having a meeting just to brainstorm on how to ensure that with the lower inflation and the lower CBR they also extend lower interest rates to borrowers.”
The Kenya Bankers Association (KBA) has countered that banks have already begun lowering rates, although the impact may not be fully reflected in weighted average interest rates yet.
However, a recent CBK survey suggests a cautious approach by banks, prioritizing existing relationships with larger clients while limiting credit access for small and medium enterprises (SMEs).
Newly appointed National Treasury Cabinet Secretary John Mbadi sees lower interest rates as a key driver for increased economic liquidity. This could stimulate growth across various sectors, especially as SMEs gain greater access to credit.
Mwangi urged the CBK - whose Monetary Policy Committee making organ will meet next month on December -5 to lower the benchmark rate again later this year to further stimulate borrowing.
“We hope to see further reductions in the benchmark rate before the end of the year to stimulate credit uptake." By Brian Ngugi, The Standard
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