Category: Justice

{Sports Minister Hassan Wario and his Principal Secretary Titus Ekai will face corruption charges in connection with the Rio de Janeiro Olympic Games scandal.}

Director of Public Prosecutions Keriako Tobiko has recommended that Dr Wario and Mr Ekai be charged with abuse of office over the loss of close to Sh200 million relating to the Olympic Games in August last year.

Should the duo be charged, they will be forced to step aside until they clear their names in the same manner several Cabinet and Principal secretaries were shoved aside after being accused of corruption by the Ethics and Anti-Corruption Commission (EACC) in March 2016.

They included Davies Chirchir, Michael Kamau, Charity Ngilu, Kambi Kazungu, Felix Koskei, Francis Kimemia and Mutea Iringo. Their cases are still pending in court.

Also to be charged over the scandal is the Director of Administration in the Sports ministry, Haron Komen Chebet.

“The persons who should bear the greatest criminal culpability for authorising (or) approving the unlawful payments are the following; Dr Hassan Wario Arero — CS, Ministry of Sports, Culture and the Arts (because he) chaired the Steering Committee meeting (in) which the budget was presented, (and) which had allowances which exceeded the SRC guidelines,” reads a letter from Mr Tobiko to the Director of Criminal Investigations (CID) Ndegwa Muhoro, dated January 12 this year.

ALLOWANCES EXCEEDED GUIDELINES

Mr Tobiko also recommends the prosecution of Mr Ekai for failing to point out that allowances paid to athletes who participated in the Olympic Games exceeded guidelines set by the Salaries and Remuneration Commission (SRC).

Mr Ekai is the accounting officer at the Ministry “and having attended the Steering Committee meeting, he should have pointed out and informed that the allowances exceeded SRC guidelines”, recommends Mr Tobiko to Mr Muhoro.

Also to face charges is the director of administration at the ministry, Mr Haron Chebet, who, as the holder of the Authority to Incur Expenditure (AIE), failed to advise that the payments of allowances be stopped because they exceeded the SRC guidelines.

On the spot are top Sports ministry and National Olympics Committee–Kenya (Nock) officials over the alleged overpayment of allowances to athletes and the officials of the Games’ Central Management Committee amounting to Sh15.9 million.

Evidence also suggests that six unauthorised persons were included in the Kenyan contingent to the Rio games.

“In the inquiry file it is alleged that Dr Wario… directed that six persons, namely Monica S Sairo, Richard Abura, Kerich Eunice, Singh James Gitau, Njuguna Samuel and Adan Omar Enow, who were not in the list approved by the steering committee, be included as part of the Kenya delegation, causing the ministry to incur additional cost of Sh2,990,286 on air tickets and Sh3,600,000 on allowances,” the DPP writes.

{{Six joyriders}}

He directs that four of the six joyriders who have yet to record statements explaining how they ended up on the Kenyan contingent do so, and also that the Supply Chain Management Officer at the ministry, Mr Duncan Vincent Ashubwe, who forwarded the names of the six joyriders to the travel agency for the issuance of air tickets, explains why and on whose directives he was working.

Mr Tobiko further says that there is evidence to prove that a number of persons received allowances even though they did not travel to Brazil for the games, and directs that the matter be investigated.

Also under investigation was the alleged irregular procurement of a contract for the provision of air tickets at the cost of Sh154.5 million which was then paid to a tour firm, Greenbay Travels Ltd. The procurement led to the excess cost of Sh59 million in air tickets, according to Mr Tobiko. The DCI also investigated the procurement of air tickets amounting to Sh16.8 million which were never utilised.

Also under investigation were the cancellation, variation or even withdrawal of air tickets to the games, the utilisation of imprest amounting to Sh22.5 million received by one Kimathi Nkabu, the Finance officer at the ministry, and the payment of Sh840,000 to journalists who covered the games under unclear circumstances.

The investigations by Mr Muhoro’s team revealed that a total of 87 athletes were paid a daily allowance of $250 (about Sh25,000) for the period of 30 days they were in the Brazilian capital, against SRC’s ceiling of $200 (Sh20,000).

Members of the team’s Central Management committee were paid $350 (Sh35,000) per day against SRC’s recommendation of $300 (Sh30,000) per day. The total unlawful overpayment made amounted to $151,500, equivalent to Sh15 million.

{Three Chinese nationals, Xiao Shaodan (30), Chen Jianlin (35) and Liang Hu (31), appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam yesterday charged with leading organised crime relating to several pieces of elephant tusks valued at over 7bn/-.}

They were not allowed to enter plea to the charges when they were brought before Principal Resident Magistrate Respicious Mwijage because their case will be tried by the High Court.

The magistrate ordered them to go to remand until January 31 when the case will be mentioned.

According to the prosecution, investigations into the matter have not been completed. But before adjournment of the case, the accused persons complained that the case has been framed against them having being acquittedof a similar case that was pending before the High Court, Mbeya Registry.

According to the accused persons, after being acquitted of the offence last year, they were rearrested and taken to a police station where they were allegedly tortured.

They claimed to have remained in remand for about 70 days before their second arraignment.

Reacting to the complaint of the accused persons, the magistrate directed the prosecution to observe justice and treat them fairly, as looking at the charge sheet it appeared that the offence was committed a long time ago.

He wondered why such arraignment was so delayed. State Attorney Elizabeth Mkude, for the prosecution, who was assisted by a legal officer from the Natural Resources Division, Mr Samson Saye, told the court that the accused persons committed the offence on diverse dates between January and November 2013 in Dar es Salaam.

It is alleged that jointly and together, the accused persons and others not in court intentionally organised and furthered the objective of a criminal racket by acquiring, possessing and transporting 1,023 pieces of elephant tusks from Tanzania Mainland to Zanzibar.

{Dar Es Salaam resident, Mr Maganga Masele (25), yesterday appeared before the Kisutu Resident Magistrate’s Court in Dar es Salaam charged with insulting the President of the United Republic of Tanzania, Dr John Magufuli, and Vice-President, Ms Samia Suluhu Hassan.}

Before Principal Resident Magistrate Respicious Mwijage, the accused person denied the charge of being accused to have insulted the government leaders as a result of the way they are steering the nation. Mr Masele, a Gardener at Leaders Club, was, however, granted bail on condition of securing one surety, who signed for him a bond of 5m/-.

The case was adjourned to January 24 when it will be mentioned with investigations into the matter still ongoing, according to the prosecution.

State Attorney Lucy Mallya, for the prosecution, told the court that the accused person allegedly committed the offence on December 22, last year, at Leaders Club in Kinondoni District in the city.

Meanwhile, the trial of six people, including three opposition Members of Parliament (MPs) who are facing a criminal offence related to the controversy that surrounded election of Dar es Salaam City Council’s Mayor and Deputy Mayor will resume on February 13 for hearing.

{The government has recorded tangible achievements in its anti-poaching drive after winning many cases in court of law as over 200 people have been convicted and sentenced to more than 20 years in 2016.}

The convicts have also paid 800m/- and they still owe the government 164bn/- as unpaid fines due to poaching activities, including unlawful possession of government trophies.

The achievements were revealed yesterday by the Director of Public Prosecutions (DPP), Mr Biswalo Maganga, at a press conference shortly after Permanent Secretary of the Ministry of Natural Resources and Tourism, Major General Gaudence Milanzi, opened a special training course for technocrats from the Tanzania Wildlife Management Authority (TAWA) and heads of game reserves.

The DPP noted, however that the cases had not been prominently covered unlike when the government were defeated in similar cases. “The government has won many cases for various offences, including poaching of government trophies… but they’re not given prominence in the media.

But they are prominently covered by the same when the government is defeated” Mr Maganga remarked with concern. He said that the pace of combating poachers would be speeded up to make sure that all culprits are booked and that penalty for the culprits would be extended to totally eliminate trade in ivory and other government trophies.

‘We want those who have illicitly enriched themselves through this trade to end up their lives in jail and have their assets confiscated,” added the DPP.

On his part, the Deputy Inspector- General of Police, Mr Abdulahaman Kaniki, said his force and other state organs would continue to arrest and drag to court all culprits so that they face the full wrath of the law.

He ensured the public that no poaching suspect had been freed without being arraigned in court. In another development, the Ministry of Natural Resources and Tourism has stated that poaching significantly declined last year compared to preceding years, thanks to cooperation between security and defence forces and other authorities.

In his opening remark, Maj. Gen. Milanzi revealed that the currently seized ivory were old stocks that were on transit to international markets. “Some people may ask why the seizure of ivory while poaching has been tamed.

These trophies were stocked waiting to be transported abroad and are, therefore, not fresh ones,” he explained. The PS reiterated his call to poachers and their partners to look for other businesses or jobs as poaching was no longer safe or lucrative to them.

{Hearing of the case facing the alleged Queen of Ivory, Chinese, Yang Feng Clan (66), charged with leading organized crime and unlawful dealing in government trophies worth 5.4bn/- will continue on January 16, this year.}

The hearing was to take place for the first time on November 4, last year, but was postponed for the key witness had to attend to his sick wife. Before Kisutu Senior Resident Magistrates, Victoria Nongwa, State Attorney, Faraja Nchimbi, had informed the court that the case came up for hearing but the presiding magistrate was absent.

“We were ready to proceed with the hearing but Magistrate Huruma Shaidi who is responsible for the case is currently on leave,” said Ms Nchimbi.

Clan is charged alongside two other Tanzanian businesspersons, Salivius Matembo (39) and Manase Philemon (39). The prosecution alleges that between January 1, 2000 and May 22, 2014 in the city, all the three accused carried out business involving the said government trophies.

It is alleged that the trio bought and sold 706 pieces of elephant tusks weighing 1,889 kilos valued at 5,435,865,000/-, the property of the 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 the elephant tusks without having permit of 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 benefit, promote and further the objective of criminal racket.

Philemon is facing a separate count of escaping from lawful custody. Senior Resident Magistrate Nongwa adjourned the case and ordered that the accused be taken back into custody.

{The judiciary has already determined almost 250 election petitions both at councillorship and parliamentary levels that were filed in different courts in the country following the October 25, 2015 general election results, it has been learnt.}

According to statistics released by the Registrar of the High Court, Main Registry, in Dar es Salaam yesterday, 196 councillorship petitions were lodged before Resident Magistrate’s courts all over the country, all of which have been disposed off.

The statistics also show that only one parliamentary election petition is pending among the 53 that were filed before the High Court in different registries in the country.

It is stated that the Dar es Salaam Registry had a total of 11 parliamentary election cases and all except one have been determined. Mtwara, Tabora and Mwanza were second and third registries to register six and five cases respectively.

Other registries with the cases in brackets are Iringa (4), Bukoba (3), Moshi (3), Shinyanga (3), Dodoma (2), Tanga (2), Arusha (1), Songea (1) and Sumbawanga (1).

On councillorship election petitions, Dar es Salaam Region was also leading with 47 cases followed by Tanga with 21 cases. Iringa ranked third for having registered 17 cases, followed by Moshi and Manyara with 12 petitions each.

Other regions with the number of cases in brackets are Bukoba (9), Arusha (8), Mtwara (8), Mara (8), Songea (7), Mbeya (6), Tabora (6), Sumbawanga (4), Lindi (4), Dodoma (4), Mwanza (3), and Kibaha (2), while Njombe, Geita, Shinyanga and Kigoma had one case each.

Successful determination of the cases is linked to introduction by a new rule in the National Elections Act by the Chief Justice, aimed at achieving expeditious resolutions of election disputes.The new Rule 21A requires a witness in election petitions to swear affidavit before entering the witness box.

The CJ had realised pressing need to promote further efficiency in management and disposal of future election petitions and conscious of principles enunciated under Article 107A (2) of the Constitution.

Part of the new Rule reads, “The petitioner shall not less that forty eight hours before the time fixed by the court for trial of an election petition, deliver at the office of the Registrar an affidavit sworn by each witness whom the petitioner intends to call at the trial, setting out substance of his evidence.

The Rule also requires each affidavit shall be enclosed in a sealed envelope together with sufficient certified true copies for each of the judges, all other petitioners in the same petition and respondents and shall be opened by the court when the witness, who sworn the affidavit is called to give evidence.

According to the Rule, the affidavit shall be read by or on behalf of the witness and shall form part of the record of the trial and a deponent may be cross-examined by the respondent and re-examined by the petitioner.

It is stated further under the new rule that a witness for the petitioner or respondent who fails to deliver affidavit shall not be permitted to give evidence without leave of the court and the court shall not grant such leave unless sufficient reason is given for the failure.