Tag: GreatLakesNews

{Government today expects DR Congo to respond to the killing of four Ugandan policemen by suspected Congolese soldiers on Lake Albert at the weekend.}

The Permanent Secretary, Ministry of Foreign Affairs, Mr James Mugume, told Daily Monitor yesterday that the protest message had been delivered to Kinshasa government by the Ugandan Ambassador to DR Congo, Mr James Kinobe.

“The same message that was issued in Kampala [Monday], was delivered by the ambassador and by tomorrow, we expect the response,” Mr Mugume said.

The former state minister for Foreign Affairs, Mr Okello Oryem, on Monday warned that Uganda would defend itself against the Congolese forces if attacks on its citizens happen again.

The policemen were killed while patrolling the Ugandan border on Lake Albert and their bodies taken to Bunia in DRC.

Mr Oryem described the incident as “an abhorrent conduct” by the Congolese soldiers, saying they had put DRC on notice that a repeat of any attack may lead to hot pursuit by Uganda’s armed force to repel such attackers.

“A repeat of these incidents may compel the Uganda authorities to take self-defence measures to protect its citizens,” he said in a press briefing at Foreign Affairs ministry in Kampala.

The bodies, according to the Rwenzori regional police commander, Mr Denis Namuwoza, were still being held by the Congolese authorities in Bunia, eastern Congo. The deceased are Faruk Waiswa, Biral Obara, Moses Ochen and Bernard Isingoma.

According to police, the deceased were responding to an illegal fishing incident by Congolese nationals in Ugandan waters before they were ambushed and killed.

Their rifles and police boat were seized. Photographs taken after the attack show that one officer was captured alive and taken DRC side, but was later killed in unclear circumstances.

The incident was one of the many violent attacks by the Congolese officers at disputed points on Lake Albert despite the 2007 Ngurdoto Agreement between the two countries to resolve such incidents in peaceful manner.

Meanwhile, Ugandan fishermen on Lake Albert are living in fear following the incident.
“We are living in fear. We are appealing to government to beef up security in our area,” the Nkondo beach management unit chairperson, Mr Emmanuel Kugonza, said.
The Kanara LC1 chairman in Ntoroko District, Mr Joseph Mupewa, said it was common for Congolese fishermen to illegally fish in Ugandan waters. “When they meet with Ugandan fishermen, it is common to have quarrels and fights,” he said.

Commenting on the incident, the Rwenzori regional police spokesperson, Ms Lydia Tumushabe, said investigations with other security agencies had commenced,” adding that they were on high alert and deployed more personnel to ensure the situation remains under control.

{The dead include a junior-level commander Salad Bart, who is believed to have been in-charge of the group.}

Kenya Defence Forces (KDF) troops killed 21 Al-Shabaab militants in Hawina, Somalia, on Monday.

The dead include a junior-level commander Salad Bart, who is believed to have been in-charge of the group.

KDF said in a statement that its troops were en route to Tabda from Dobley, while approaching Hawina at 8.23am when a lone Al-Shabaab militant shot at them and fled the scene.

The troops then started patrolling the area before engaging the militants who had attempted an ambush along the road to Tabda, KDF spokesman Col David Obonyo said.

“The firefight that ensued resulted in the killing of the 21 terrorists with no casualties on KDF,” Col Obonyo said.

About 17 AK-47 rifles, two rocket-propelled grenade launchers, five RPGs and assorted ammunition were recovered after the incident

{Cord staged anti-IEBC demos in nine counties.}

Three people on Monday died — including two who had been shot — while at least 19 were arrested in increasingly violent protests called by the Opposition to drive out the electoral commission.

Medical authorities and police confirmed that nine people were shot, two of whom succumbed, while an unknown number was injured in the rioting which affected nine counties — Kisumu, Siaya, Kakamega, Migori, Homa Bay, Mombasa, Nairobi, Nakuru and Meru. Protests in Kisii went on without incident.

Siaya County Referral Hospital clinical officer Silas Oluoch, said Mr Churchill Odhiambo was shot in the chest while Mr Austine Juma was shot in the head.

He said five patients with bullet wounds were taken to the Jaramogi Oginga Odinga Referral Hospital while five others with minor injuries were treated in Siaya.

“We have received an overwhelming number of casualties from today’s (Monday’s) demonstrations. One person died while undergoing treatment another person died in the streets,” he said.

Senator Boni Khalwale was arrested in protests in Kakamega but was later released.

In Nairobi, police kept protesters out of the city centre by barricading Kibera slums, where the bulk of the protesters come from, and blocking Cord leaders from the offices of the Independent Electoral and Boundaries Commission (IEBC).

Cord leader Raila Odinga was joined by a handful of MPs and Cord co-principals Kalonzo Musyoka and Moses Wetang’ula, and Kanu Secretary-General Nick Salat in his attempt to drive close to IEBC offices on University Way. Mr Odinga had just returned from South Africa.

A police vehicle sprays water to a convoy of vehicles carrying Cord leaders and their supporters as they protested against the IEBC on University Way in Nairobi on May 23, 2016. PHOTO | JEFF ANGOTE | NATION MEDIA GROUP

{{DEADLY KISUMU PROTESTS}}

In Kisumu a man died of a head wound during protests led by MPs Onyango K’Oyoo (Muhoroni) and Aduma Owuor (Nyakach) and which were dispersed by police.

The unidentified man was found lying on the pavement next to Tivoli Centre on Jomo Kenyatta Avenue wearing a blue and black stripped T-Shirt.

He was picked by a passer-by, who accompanied him to Kisumu’s Aga Khan Hospital aboard an ambulance.

Dr Sam Oula, the medical director at Aga Khan Hospital confirmed the man, who died before reaching the hospital, had not been shot. “We suspect that he might have banged his head on the ground while escaping the police,” said Dr Oula.

A woman is alleged to have been shot in the leg while another person sustained serious head injuries after he was clobbered on the head by riot police.

They were taken to the Kisumu East District Hospital where they are currently admitted.

Police used tear gas to break up demonstrations and lobbed a canister at a pick up carrying journalists from various media houses.

Businesses were closed as the protesters engaged police for more than six hours. Mr K’oyoo accused the police of using excessive force.

“This unnecessary use of excessive force will not deter Kenyans from championing their rights and insisting that a biased referee goes home,” he said.

{{PRISON WARDERS SHOOT RIDERS}}

Siaya Governor Cornel Rasanga and Alego Usonga MP George Omondi Muluan condemned the killings and demanded an apology from Inspector General of Police Joseph Boinnet.

“We will continue with the same next week, a bigger one for that matter,” said Mr Rasanga.

Mr Muluan condemned the police for using live bullets in quelling the protesters, arguing that only teargas should have been used to disperse the angry crowd.

“I do not entertain the police brutality on innocent civilians, how can they shoot peaceful demonstrators who were unarmed,” he said.

In Migori, five protesters — all boda boda riders — were shot by prison warders, after they allegedly attempted to block a Prisons department lorry that was ferrying 50 inmates to the Law Courts off the Migori-Kisii highway.

Regional police boss David Kirui explained: “It was at this juncture that prison officers pulled out their guns and fired at the victims, some of whom were behaving in a manner likely to suggest that they wanted to free the prisoners.”

The victims were taken to Migori County Referral Hospital for treatment.

“Some of them have bullets lodged in their stomachs,” said a nurse who declined to be named as she is not authorised to speak to the media.

The boda boda riders discounted the police version of the story.

The shooting sparked fresh running battles in the streets between the police and the public.

Cord leader Raila Odinga condemned the deaths and challenged the Jubilee administration to take action against the police.

“I condemn in the strongest terms possible, the horrendous actions of the police during the demonstrations … innocent Kenyans have been shot by the police and those who did that must be severely punished,” he said during the press conference at Capitol Hill in Nairobi.

{{WOMEN SHOT IN HOMA BAY
}}

In Homa Bay, police shot and injured four women who were admitted at the county’s referral hospital.

Ms Dorothy Anyango, 33, Ms Bether Awuor (37), Ms Millicent Atieno (24) and Ms Olivia Atieno (27), were shot at Shauri Yako slum where police were in hot pursuit of protesters.

Nine other demonstrators — eight women and one man — were treated in the same hospital for trauma.

County Police Commander John Omusanga blamed the shooting on youths who had engaged security officers in day-long running battles.

In Kakamega, police cornered Senator Khalwale near the Kakamega Law Courts after firing tear gas to disperse the protesters.

Dr Khalwale engaged in an argument with Kakamega Central police boss Richard Sitienei, whom he accused of breaking up peaceful protests.

“You arrest the people who killed businessman Jacob Juma instead of harassing peaceful demonstrators,” he added.

In Nairobi, police shot and injured a man in Kibera following a confrontation with the residents who had been blocked from leaving the slum.

Police for the first time blocked the residents from leaving the slum to join protests in the city centre by sealing all exits points at Nakumatt Prestige, Kenya Science Teachers College, Highrise estate and also at the City mortuary roundabout

Mr Shaban Abdulahi 24, a footballer with the Kibera United was shot on the left hand during the confrontation.

He was rushed to the Nairobi Women’s Hospital by his family and local leaders where he was admitted in a stable condition.

The shooting sparked protests, with residents blocking roads with burning tires. Some businesses, including banks, were closed but later resumed operations. Security officers at the Kibera Equity bank said they closed for less than an hour and resumed operations.

In Mombasa, County Assembly Speaker Thadius Rajwayi, Junda ward representative Paul Onje and more than 15 people were arrested as the coastal city witnessed its first anti-IEBC protests.

{HUAWEI Tanzania has announced the arrival of its Huawei Y6Pro to the Tanzania’s market. The newest flagship in the acclaimed Huawei Y family, is a classic and timeless celebration of beauty and elegance that combines high style and performance, according to Huawei Country Manager, Mr Huziangyang Jacko.}

“The Y6 series is perfect for the Tanzanian market where cost and functionality are equally important. This device is ideal for those who need their phone to last for a period of time without being charged.

It is one of the only phones in this price range that can tolerate days of heavy usage,” said Mr Jacko at the weekend. Through a deeper understanding of Tanzanian smartphone users’ demands, Y6 Pro is created as a user-friendly Android 4G smartphone with High-quality visual clarity, comfortable experience, and Smoother performance while multi-tasking.

According to the device country manager, for a standout look, Y6 Pro is available in Tanzania with a range of unique and customizable metallic textured design, in white, gray and gold.

The visual thickness of Y6 Pro is thin enough for simplicity and convenient single-handed use. The launch is timely in Tanzania in response to the Tanzania Communications Regulatory Authority (TCRA) call to consumers to encourage them to use genuine devices and stop the grey market.

In support of TCRA’s move, Huawei Tanzania has subsidized the price of Y6 Pro handsets so that all Tanzanians can enjoy the genuine smartphone with affordable price, according to Mr Jacko.

According to him, smartphones are fast becoming the central hub for home entertainment in Tanzania and that Huawei Tanzania makes it easy for customers to enjoy their multimedia experience in their phone.

“To enhance mobile phone security and detection of counterfeit handsets in the country, Huawei Tanzania plans to introduce more exciting genuine devices in Tanzania so that all Tanzanians can have easily access to original devices,’’ he insisted.

{Armed men suspected to be soldiers of the Democratic Republic of Congo ambushed and shot dead four Uganda police officers on Lake Albert in Ntoroko District on Saturday night.
}

The deceased officers, who were responding to an illegal fishing incident at Mulango on the Ugandan border, have been identified as Sergeant Faruk Waiswa, Corporal Biral Opara, Constable Moses Ocen and Constable Bernard Isingoma.

The DRC soldiers took the bodies of the four to the DR Congo side and also confiscated the Uganda Police Force speed boat and guns.

Police spokesman Fred Enanga confirmed the killings of the police officers.
“It is a sad incident for the Uganda Police Force to lose four of our officers who were carrying out their duties. Investigations to establish the attackers and their motive are still on on-going,” Mr Enanga said yesterday.

This is the first fatal incident between Uganda and DRC security officers on Lake Albert over fishing grounds. The incident could affect the relationship between the security agencies of the two countries whose borders on the Lake Albert are still not clearly demarcated.
The Ministry of Foreign Affairs permanent secretary, Ambassador James Mugume, said Uganda’s Ambassador to the Democratic Republic of Congo, Mr James Kinobe, had accordingly been briefed.
“We are appealing for calm as we sort out the issues surrounding the incident,” Amb. Mugume said by telephone last evening.

Uganda government officials, he said, will hold an emergency meeting in Kampala today to establish the facts of the attack after which they will formally communicate Uganda’s response.
Rwenzori Region police commander Denis Namuwoza said the bodies of the officers had been taken by DRC officers to Beni Township, north eastern DRC.
Mr Namuwoza said his officers were informed by Ugandan fishermen that Congolese nationals were illegally fishing on the Ugandan side.

“Four marine officers were sent to the scene to verify and enforce the law. Unfortunately, the Congolese were tipped off and they alerted their army before our officers reached the area. The DRC army ambushed our officers and shot them without any warning,” Mr Namuwoza said.
The Congolese army took charge of the boat and rifles before they sailed back to their base in Congo.

{{The recent incident}}

In the last five years, contests between Uganda and DRC on where fishing grounds lay have intensified on Lake Albert. Nearly three years ago, on May 29, 2013, Congolese soldiers arrested five Ugandan officers, including two police constables, and three fisheries officers on the same lake.

The Congolese officials disarmed, tortured and detained them in DRC for nine months. They were only released after President Museveni intervened during his visit to Kinshasa.

Since the arrests, Uganda has also responded by tightening border security, deploying more marine boats and heavily armed police officers. Recently, the police arrested 20 armed Congolese soldiers who had crossed into Uganda’s waters. However, the Congolese soldiers were later released after they were cautioned.

{Lawyers and the Uganda Revenue Authority have disagreed with President Museveni’s U-turn on MPs’ tax exemption, and warned that the amendment to the disputed Income Tax Bill, 2016, was in contempt of court.}

The URA Commissioner General, for example, says if the Income Tax Bill, 2016 that MPs hastily passed to insulate themselves is assented to, it will “seriously erode the tax base”.

Mr Alex Bashasha, a lawyer, said debating the Bill contradicted Article 92 of the Constitution, which prohibits passing of retrospective legislation. The Article states that Parliament shall not pass any law to alter the decision or judgment of any court as between the parties to the decision or judgment.

“If MPs want reduced taxes on food allowances, fuel and the like, then they should make legislations to be given coupons for food, they can also be given fuel cards for fuel and no one will tax them. But as long as they are still being given money, it has to be taxed,” he added.

Kadaga explains
Mr Bashasha was reacting to reports that President Museveni had made a U-turn after condemning legislators’ tax exemption as “politically and morally incorrect”. In her presentation at the NRM Caucus last week, Speaker Rebecca Kadaga defended MPs on tax exemption, explaining how since the Sixth Parliament, the respective Attorney Generals have advised that under Section 19 of the Income Tax law, mileage is exempted from taxation.

After listening to Ms Kadaga’s presentation, the President told members that he was not aware that what was being taxed was mileage allowances and in spite of refusing to sign the Bill and throwing it back to the Speaker, promised to talk to “the [ministry of] Finance people” about the issue.

Minister for Presidency Frank Tumwebaze last week confirmed the President’s decision and explained that on getting additional information he appreciated the logic.

{{URA boss raises red flag
}}

Ms Doris Akol, the Commissioner General URA, told Daily Monitor last Friday that the allowances which MPs seek to exempt fall under taxable income bracket and that, any attempts to exempt themselves will create a big hole in the domestic revenues needed to support the budget and other government programmes.
“We believe that the allowances the honourable MPs seek to exempt from taxation do not meet the tests prescribed in law for exemption either as mileage or travel reimbursements,” Ms Akol said.
“The MPs move to exempt themselves from income Tax will seriously erode the tax base to a tune of at least Shs45 billion per annum. This is based on current rates of earning. It also erodes the principle that prescribes that all employment income must be taxed.”

Ms Akol’s comments came on the day Speaker Rebecca announced that Parliament had secured an injunction, restraining URA from taxing MPs emoluments until the appeal is heard. She revealed this at a farewell party she organised for the former MPs who lost their seats in the February elections.

In line with the civil society groups, the lawyers have advised the president not to sign the bill. Explaining what constitutes taxable income, quoting section 2(2) of the Income Tax Act, Mr Bashasha explained that the MPs derive income from their employment with government which income is subject to tax as set out in section 19 of the Income Tax Act.

The incomes as set out in section 19 which are to be taxed are; wages, salary, leave pay, gratuity, bonus, the amount of any travelling, entertainment, cost of living, housing, medical or other allowances and value of any benefit granted. “The law is very clear; any benefit must be taxed so why should MPs be exempted on allowances?” Mr Bashasha asked, revealing that five organisations and a number of individuals had contacted his law firm, to challenge the law in the Constitutional Court so that it is annulled.
According to Uganda Law Society President, Francis Gimara, Mr Bashaha, Mr James Nangwala and Mr Ladislaus Rwakafuuzi and other senior lawyers, the bill in question is discriminatory and violates Article 21 of the Constitution.

They add that any attempt by Parliament to defeat the ruling of Justice Henry Peter Adonyo of the Commercial Court delivered on January 29, does not just amount to contempt of court but also portrays the MPs as insensitive to “a bleeding economy.”
In the case of Francis Byamugisha vs Attorney General, Parliament and URA HCCS No 745 of 2013 ruled that all emoluments paid to MPs are subject to income tax.

The Court further directed the Parliamentary Commission to collect with immediate effect any taxes due to the government from the date of the decision going forward.
However, before the Appeal lodged by parliament could be heard, MPs decided to amendment Income Tax law to shield their allowances.

Mr Dan Ngabirano, a Tax Law Lecturer at the School of Law Makerere University said while it’s within the ambit of Parliament to make laws on any matter, the decision by MPs to exempt their allowances disregards the moral obligation to uphold the principle of equity.

“The dilemma is that tax is a creature of the law and at the same time, Parliament is vested with the mandate to pass all laws,” Mr Ngabirano said, adding that “In this case however, there is a conflict of interest in as far as Parliamentarians seek to exempt themselves from certain aspects of income taxation. Under the principle of equity, taxes must be proportionate to income and ability to pay. MPs have a legal and moral obligation to uphold this principle in exercising their mandate.”