Category: Justice

{Eight Tanzanians were at last brought back home yesterday from Malawi where a court slapped them a six-month suspended sentence over trespass.}

Information from the Tanzanian High Commission in Malawi said the Tanzanians who had been detained in a Malawi prison accused of trespassing at a uranium mine, were transported yesterday from Mzuzu in Malawi to the two countries’ Songwe/Kasumulu border.

On Wednesday this week, Mzuzu Chief Resident Magistrate Texious Masoamphambe sentenced the eight to one-month imprisonment on criminal trespass and three months imprisonment for conducting reconnaissance.

But, Chief Resident Magistrate Masoamphambe suspended the sentences ‘for six months’ rescuing the Tanzanians from the jail term.

“The Tanzanians are not to commit any crime in the stated period of suspended sentence,” said Masoamphambe in his ruling. The magistrate said the Tanzanians had shown remorse after conviction and have been in custody since they were arrested on December 20, last year, around Kayuni Village at Karonga in Malawi.

They include WalasaMwasangu (30), Binto Materinus (32), AshuraYasiri (63), Christian Msoli (38), Layinali Kumba (47), Maliyu Mkobe, Gilbert Mahumdi (32) and Martin Jodomusole (25).

The court in Malawi further directed the Ministry of Home Affairs and Internal Security to issue removal directives to return the convicts in Tanzania.

The government of Tanzania had been pursuing diplomatic procedures with its Malawian counterpart to secure the release of the team from remand custody in the country over criminal trespass charges.

Source:Daily News

{What started as an alarm by some villagers that cattle thieves had been spotted in Mwanche village in Migori County led to the lynching of three innocent men by a mob on the night of August 12, 2013.}

And now, almost four years later, a court has ruled that 10 men who were part of the mob be sent to the hangman for murder.

The events of that dark night claimed the lives of Elkana Gondi Syong’oh, a chief accountant in the Department of Defence, his driver Moses Magiri Amek and his farmhand Simon Gombe.

The three were seen at 8pm that night, mistaken for cattle rustlers and beaten up before they were set ablaze in Mr Syongoh’s vehicle.

Two were burnt beyond recognition.

{{Brutal deaths }}

Twelve people were arrested and charged following the attack. Two absconded trial and the rest were found to have played a role in the brutal killings.

David Ochieng Ajwang, Nicholas Otunga Otieno, Daniel Owino Oganyo, Julius Makambo Obade, Kennedy Kisa Omweri, Julius Otieno Deya, Janes Ogalo Oketch Olendo, Joseph Odhiambo Majiwa, Joseph Keya Omweri and Paul Koi Odeko killed the three innocent men.

Some of the suspects were found with items stolen from the slain men, according to a judgement by Justice David Majanja.

The judgement was delivered in Migori on April 5 and published by the Kenya Law Reports on Tuesday.

The verdict brings to a close a case that arose from the cruel killing of three innocent men, including Mr Syong’oh, an industrious farmer who had travelled to the area to buy quail.

Justice Majanja, after considering the evidence of 23 witnesses, concluded that there was no doubt that the 10 were at the scene of the incident and that they took part in the killings.

{{Cut hand }}

“The savage way the accused inflicted the injuries on the deceased leave no doubt that they were inflicted with intent to cause grievous harm or death,” the judge states.

Ajwang, for instance, was seen cutting the left hand of the driver with a panga.

“The driver nevertheless continued driving until he stopped the car at the junction of the main road headed to Migori.

“After the car stopped, Joseph Odhiambo began pulling the driver and passengers out of car with the help of Nicholas Otunga,” states Justice Majanja in his judgement.

The court was told that Paul Koi was spotted by villagers tying up Mr Syongoh’s farmhand with a rope before dragging him to the scene, where the others were being beaten. The farmhand had tried to escape from the scene.

Ajwang was also seen striking Mr Syong’oh on the back with a panga.

{{Gruesome killings }}

Moreover, Keya was found with two jackets stolen from the slain men days after the gruesome killings. A Chloride Exide battery that had been stolen from Mr Syong’oh’s car was also found in the home of Kennedy Kisa.

Nerbert Lubanga, the man who had sold quail to Mr Syong’oh and his two companions before they drove off only to be accosted by villagers shortly afterwards, told the court that he had escorted the men to their car and returned home.

Mr Lubanga testified that when he tried to go to the scene where the three had been waylaid to tell the residents that they were not thieves, he was beaten up.

“As someone was trying to force him to sit down, another person pushed him and he fell and rolled into the nearby bushes whereupon he fled the scene,” Justice Majanja wrote of Mr Lubanga’s testimony.

Police investigated the killings and arrested several suspects. The case opened at the High Court in Kisii before being transferred to Migori.

Because the events happened at night, the accused argued in court that no one could recognise them and pin them down as the perpetrators.

But Justice Majanja thought otherwise.

“The witnesses and accused knew each other as they were from the same village. During the incident, the witnesses had the opportunity to interact with the accused closely because they knew each other,” said the judge.

Source:Daily Nation

{A magistrate with Kyaka Primary Court in Misenyi District, Nelson Bagenda (29), yesterday morning appeared before the Bukoba Resident Magistrate’s Court for allegedly soliciting for a 20,000/- bribe.}

A prosecutor from the Prevention and Combatting of Corruption Bureau (PCCB), Fortunatus Mpangamila, alleged before Resident Magistrate Aloys Katemana, that on November 30, 2015 the accused (Bagenda), together with second accused, Dezideri Benedict (46), a Court Assessor at Kyaka, jointly solicited for 20,000/- bribe.

According to Mpangamila, the accused demanded and received 20,000/- from the two accused persons, who had a pending criminal case to allow them get bail. Testifying in court, Flavian Kowero, who is a Senior Official from PCCB, told the court that the matter was reported by Herman Karemire and they (PCCB) laid a trap and arrested Bagenda and Benedict.

Both the accused pleaded not guilty to the charge and were released on a 2m/- bail with two sureties. The Criminal Case No RM CC 13/2017 was adjourned until April 18, this year, for further hearing.

Meanwhile, Jovitha Edward (25), from Kashai Ward in Bukoba Municipality appeared before Resident Magistrate Joanitha Rwehabura, facing a charge of using abusive language to induce another male to commit sodomy.

Prosecuting, State Attorney Emmanuel Mavere, alleged before the court that the accused committed the offence between February 27 and March 31, this year, at the Bukoba Bus Stand.

The accused pleaded not guilty to the charge and he was released on 700,000/- bail with two sureties. Preliminary hearing is expected to start on April 13, this year

Source:Daily News

{The religious leader is a vocal opponent of Joseph Kabila’s and stands to be persecuted at home.}

The High Court in Pretoria has granted asylum to a religious leader from the Democratic Republic of Congo (DRC) and ordered that proceedings to extradite him for a murder charge in his home country be put on hold.

Paul Mukungubila, 69, who heads the Ministry for the Restoration from Black Africa and is an opponent of President Joseph Kabila, turned to the court after the Refugee Appeal Board refused to hear his appeal against the refusal of his asylum application, because there were extradition proceedings pending against him.

Five of Makungubila’s 18 wives and 12 of his 19 children currently reside with him in South Africa.

He fled to the country in 2014, saying he feared he faced the same fate as other adherents of his faith who have been mercilessly murdered and senselessly imprisoned.

Makungubila is regarded by the 1 200 members of his organisation as a prophet with revelatory powers about the future.

He was arrested by Interpol in 2015, in connection with charges of murder, aggravated assault, malicious destruction and arbitrary and illegal detention, whereafter SA authorities, acting on a request by the DRC government, started proceedings to extradite him.

Makungubila denied responsibility for the charges and said he and members of his religious group were engaged in a peaceful demonstration and were unarmed when they were savagely set upon by DRC security forces.

He said he had been the victim of Kabila and his government on several occasions and was, in 2006, when he contested the presidential election, also set upon by commandos sent by Kabila.

Judge MJ Maluleke said it was clear that Makungubila would be subjected to persecution on account of his religion and political opinions.

Source:The Citizen

{Two witnesses have confirmed before a Dar es Salaam court that Manase Philemon (39), who is accused of leading organized crime and unlawful dealing in government trophies worth 5.4bn/-, was not tortured while making his statement.}

Philemon who is charged alongside the alleged Queen of Ivory, Chinese Yang Feng Clan (66) and Salivius Matembo (39) had claimed to have been tortured by the police to agree to the charges.

Before Kisutu Principal Resident Magistrate, Huruma Shaidi, the prosecutor, Mr Faraja Nchimbi, informed the court that the case had come for trial within a trial.

A police officer, Sergeant D 7847 Beatus (46), alleged that he had taken Philemon’s statement at Kijitonyama Police Station after his arrest at Njiapanda Segerea and held at Stakishari Station before being transferred. Sergeant Beatus told the court that before taking the statement, he notified his superiors and went through with the interrogation.

He further claimed that at that moment, the accused was in good shape and was accorded all rights before beginning the interrogation. “I informed him of his right to speak before a lawyer or a relative but he had agreed for us to proceed with neither the persons and upon finishing, he placed his signature and confirmation on the sheet,” alleged Sargent Beatus.

Sergeant Beatus also notified the court that he had received a call from the then Director of Criminal Investigation (DCI), Mngulu, ordering him to go to Stakishari Station to transfer a suspect who was involved in an illegal business of elephant tusks.

“The interrogation went on from around 4.05pm to 5.28pm in the evening before handing the accused to the head of the station to place him under custody,” alleged the witness.

He also denied to having guarded the accused in a Hospital at Sinza where Philemon claimed to have been admitted after being tortured. Responding to a question which was asked by Defence Attorney, Nehemiah Nkoko, Sergeant Beatus said there was no time he had heard that the accused was admitted to a hospital but rather heard of him being sick but he has never guarded him.

Another witness, Corporal F 29 Lugano (36), notified the court that he was the one who carried out Philemon’s arrest and handed him over to Sergeant Beatus and he had not complained of any illness or injuries.

“The arrest was carried out on April 18, 2014, when he was tipped off by an informer on the whereabouts of the accused,” he said. The prosecution alleges that between January 1, 2000 and May 22, 2014 in the city, all the three accused carried out business of the said government trophies.

It is alleged that the trio bought and sold 706 pieces of elephant tusks weighing 1,889 kilogrammes valued at 5,435,865,000/-, the property of United Republic of Tanzania, without a permit from the director of wildlife.

The prosecution alleged that within the same period and place, intentionally, Clan organized, managed and financed a criminal racket by collecting, transporting or exporting and selling elephant tusks without a permit from the director of wildlife or CITES permit.

Within the same period and place, Matembo and Philemon allegedly furnished assistance and directions in the conduct of business of collecting, transporting and selling the said government trophies with intent to reap benefits, promote and further the objective of criminal racket. Philemon is facing a separate count of escaping from lawful custody.

Source:Daily News