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Sheria inayosimamia 'Mihuri' ya serikali

Discussion in 'Jukwaa la Sheria (The Law Forum)' started by JamboJema, Jun 12, 2012.

  1. JamboJema

    JamboJema JF-Expert Member

    #1
    Jun 12, 2012
    Joined: Jun 14, 2011
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    Wadau, kwa heshima na taadhima naomba msaada wenu. Nimekabidhiwa hii ofisi ya serikali kuifungua. Haina muhuri hata mmoja! nimewaomba 'wakubwa' lakini inaonyesha sitapata hivi karibuni. Kwa kuwa shughuli zinahitaji kwenda napata mshawasha wa KUCHONGA mihuri husika. Instinct inaniambia sio sahihi kufanya hivyo. Naamini kuna sheria au mwongozo unaosimamia hili. Wale 'learned brothers/sisters' naomba mnipe mwanga kwenye hili nisipate kesi bure - najua ignorance of the law is not a defence!
     
  2. JamboJema

    JamboJema JF-Expert Member

    #2
    Jun 14, 2012
    Joined: Jun 14, 2011
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    Siamini kama ma - lawyer wote humu ndani hawana maelezo sahihi na mazuri kuhusu hili. Believe me, hapa JF niliamini ni mwisho katika kutatua yasiyotatulika! I now rethink I was wrong!Sitaki kukata tamaa, though!
     
  3. L'AMOUR

    L'AMOUR Senior Member

    #3
    Jun 15, 2012
    Joined: Mar 8, 2011
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    C.9 Rubber Stamps:
    Rubber stamps shall be used only on copies of letters. Original letters, Government Receipts, passes, licences shall be signed by authorized public servant. Nadhani kwa kuanzia unaweza kusoma public service standing order ambayo ni recent itakupa mwanga zaidi ya namna unavyoweza kufanya hizo correspondences kwa wadau wako. Naomba kuwasilisha.
     
  4. L'AMOUR

    L'AMOUR Senior Member

    #4
    Jun 15, 2012
    Joined: Mar 8, 2011
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    Mdau ebu jaribu pia kujifunza mambo ya kiserikali yanavyoenda maana ukitegemea hao uliowakuta hapo wanaweza kusubiri uchemke ili washingilie ushindi. Kwa kuanzia jaribu kupitia huu mwongozo lakini nashauri upate ule ulio updated zaidi:
    GENERAL INSTRUCTIONS REGARDING
    CORRESPONDENCE
    C.1 Forms of Correspondence – General:
    (1) All official writings should be brief and concise and shall be well considered in substance, and coached in a tone of courtesy carefully avoiding any expression of personal feeling. Words like "most", "very", "extremely", "considerably", should best be omitted. Sentences should be shorter and precise. For example, the sentence, "The Staff List will be published shortly" is better than "The publication of the new Staff List will take place in the near future".
    (2) Where no other honorific prefix is appropriate official communications shall be addressed in the style, Mr/Mrs/Miss/Bw./Bibi/Bi "X". A Member of Parliament shall be addressed as "The Hon. "X" MH."X" and not for example, "The Hon. Mr. "X" /Mh./Bw/Bibi/Bi. A Judge of the High Court shall be addressed as "The Hon. Justice "X" /Mh. Jaji.
    (3) Kiswahili and English are the recognized languages in all forms of official correspondence.
    C.2 Correspondence Between Government Offices:
    (1) All official correspondence external to the public service organisation shall be addressed to the Chief Executive Officer or Head of that organisation. Likewise, all official correspondence from any public service organization shall be signed by or on behalf of the Chief Executive Officer or Head of that organisation.
    (2) Each communication shall be confined to one subject, which shall either be stated briefly as a heading or made clear, in the first paragraph. Any Reference number and date of previous correspondence shall be quoted.
    (3) Succeeding paragraphs shall, logically and concisely:
    (a) give a brief outline of history of the subject;
    (b) elucidate salient points to be considered; and
    (c) refer to any relevant decisions on similar or allied subject.
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    (4) Any authority of law, regulation, Government ruling or precedent connected with the subject shall be quoted. When reference is made to any regulation or notice which has been published in the Official Gazette, the year and number of the regulation or notice shall be quoted.
    (5) Paragraphs shall be numbered consecutively; if the Communication extends to two or more sheets, each page shall be numbered.
    (6) Enclosures, where essential, shall be similarly paragraphed and paged. Enclosures in languages other than Kiswahili or English shall be accompanied by a translation or, in the case of documents of minor importance, by a précis in Kiswahili or English of the contents.
    (7) Except where there is no modern typewriting facilities, communications may be typewritten and dated with the actual date of dispatch; if, however, the subject is of a strictly confidential or secret nature, the communication may be hand-written at the writer's discretion.
    (8) No preface or conclusion such as "Dear Sir" or "Yours faithfully" is necessary in official communications.
    (9) In all cases where the public servant addressed is likely to pass the communication on to some other public servants, the communication shall, in order to save copying, be sent in duplicate and wherever possible the full number of copies likely to be required by the addresses should be enclosed. When a communication is sent under flying seal ("u.f.s.") to a public servant or public servants, one copy shall be made for each public servant through whose, hands it is to pass.
    C.3 Demi-Official Correspondence:
    Demi-official correspondence is the normal mode of communication between ministers. While there is no objection to the use of demi-official correspondence by public servants both for exploratory and explanatory purposes, this form must not be used for communicating official decisions or policy.
    C.4 Official Correspondence – Addresses:
    (1) All Government publications and letter-heads other than Saving Telegrams shall bear the full postal address, including the Post Office Box number of the organisation concerned; where a Private Bag service is used, the postal address should be shown as that of a Private Bag. The organisation‟s telephone and fax numbers and e-mail or registered telegraphic address shall be shown.
    (2) Correspondence dispatched by post to official addresses shall show the full postal address of the recipients, on the lines indicated above, and not merely the title of the organisation followed by the name of station.
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    C.5 ICT Correspondence:
    As circumstances may demand, the use of Information and Communication Technology (ICT) is embraced with the aim of increasing efficiency and productivity through the scope of e-Government. Internal and external communications may be conducted through digital means (e-mail, internet, mobile phones, teleconference, video conferences and fax mail). Public Service without violating the requirement of security and privacy laws will be required to embrace ICT in undertaking communication and correspondence within and outside their organisation.
    C.6 Government Mail – Dispatch:
    All Government mail shall be dispatched in accordance with the Government Postal or any other communication Procedure laid down by the Permanent Secretary (Establishments).
    C.7 Registered Correspondence:
    Chief Executive Officers in the Public Service shall ensure that the public servants in charge of registered mail are personally responsible for keeping a record of all registered letters and articles received and dispatched, in such a form that the responsibility for the loss of any registered articles or their contents may be determined without difficulty.
    C.8 Legibility of Signature:
    A public servant whose signature is not easily decipherable shall adopt for all official purposes a clear signature and have his full name typed or stamped below his signature.
    C.9 Rubber Stamps:
    Rubber stamps shall be used only on copies of letters. Original letters, Government Receipts, passes, licences shall be signed by authorized public servant.
    C.10 Classified Correspondence:
    (1) Good security is an essential factor in the efficient working of Government. All public servants whose duties involve the handling of classified material shall be thoroughly conversant with Government Security Orders.
    (2) Any envelopes marked confidential, secret, top secret shall be sent to the confidential Registry.
    (3) In case of correspondence made through fax or e-mail, the originator shall have the responsibility of classifying and marking such information as "confidential", "secret" or "top secret" before faxing or e-mailing.
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    (4) For avoidance of leakage of information, every organization shall have only one official fax machine placed at the office of the Chief Executive Officer of the organization concerned. For easy handling of confidential information received through fax or e-mail there shall be designated a public servant or public servants to handle such information.
    C.11 Convenience of the Public:
    An individual member of the public shall not be caused any expense or inconvenience when requested to reply to enquiries instituted by Government which it is in the interests of Government to make. Such official enquiries shall be accompanied by an envelope, duly pre-paid official overprinted stamps. Alternatively, the enquiry may take the form of questionnaire, similarly pre-paid with official over-printed stamps and addressed on the reverse side, which may be folded, sealed and posted. Forms such as those for completing in connection with an application for a government post, however, where it is mainly in the interest of the recipient to complete and return, the document shall not be accompanied by a pre-paid envelope.
    C.12 Acknowledgements:
    It is important that correspondence received from public bodies, firms and individuals shall be acknowledged immediately and dealt with promptly. The acknowledgement form set out at Appendix C.1 is suggested as a model.
    C.13 Government Decisions:
    When Government decisions have to be conveyed they shall be communicated as decisions of the organization concerned and not as decisions of the individual public servant who happens to make the decision. Unless there are special reasons for doing so, the name of the public servant making the decision shall not be communicated.
    C.14 Correspondence for Legal Advice:
    Correspondence for request on legal opinion shall be made in accordance with the provision of Standing Order B.11.
    C.15 Restriction Regarding Disclosure of Information:
    (1) No correspondence which has passed between Ministries, Independent Departments, Regions, Local Government Authorities or between the public and Ministries/Independent Departments/ Executive Agencies/Regions/ Local Government Authorities may be communicated to the Press or any member of the public without the approval of the Chief Executive Officer concerned; but information of a general nature which may be of material assistance in discussing local questions need not be withheld, provided that such information is not of a confidential nature or likely to infringe the privacy of others.
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    (2) Unauthorized disclosure of official information shall make a public servant liable to disciplinary action or criminal prosecution.
     
  5. JamboJema

    JamboJema JF-Expert Member

    #5
    Jun 16, 2012
    Joined: Jun 14, 2011
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    L'AMOUR Nakushukuru sana. Umenisaidia kuliko hata nilivyotegemea! That's why I'll always believe that JF is a house of Great Thinkers.
     
  6. JamboJema

    JamboJema JF-Expert Member

    #6
    Jun 18, 2012
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    Wakuu naomba mzidi kunipa sheria inayosimamia uchongaji wa mihuri hasa ya serikali, please!
     
  7. leh

    leh JF-Expert Member

    #7
    Jun 24, 2012
    Joined: May 30, 2012
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    the criteria of the certificate services of the government signatures and the details of the management of certificates are decided and notified by the Minister of Regional Administration and Local Government. bila idhini ya wizara iliyopo chini ya Hon. George Mkuchika, huwezi tengeneza muhuri wa serikali. ukija ukatenegeneza, utakuwa umetengeneza counterfeit government stamp na unaweza kushtakiwa for fraud and/or forgery
    therefore ningekushauri mkuu usubiri no matter how long it takes mpaka upewe 'official' stamp
     
  8. Ozzie

    Ozzie JF-Expert Member

    #8
    Jun 24, 2012
    Joined: Oct 9, 2007
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    Great thinkers
     
  9. JamboJema

    JamboJema JF-Expert Member

    #9
    Jul 10, 2012
    Joined: Jun 14, 2011
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    Leh thanking you!
     
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