MBOWE: A POLITICAL PRISONER OR POLITICAL CONMAN?
By Political Jurist
Let me say at the outset, Mbowe is not and cannot be a political prisoner, rather a remandee like many other wananchis but he is rather a plitical conman!
Legally a prisoner is someone who was convicted by a court of law and sentenced to save a specified jail term.
An accused person whose case is still pending in court but who breached bail terms and remanded in prison can never be called a prisoner.
These are legal terms that proponents of the fallacious "Mbowe ni Mfungwa wa Kisiasa" movement who went as far as to spend nights in Zanzibar ought to have known better and before!
Nevertheless, lets go by their own thinkinh; what makes Mbowe nad MP Esther Matiko political prisoners? I share some mind blowing questions with a seasoned criminal lawyer and this is the conversation on the subject:
*QUESTION* Was there a pending case at the Kisutu Resident Magistrate Court where the two (Mbowe and Matiko) were charged of any felony?
*ANSWER* Yes, the two are facing criminal case no.112 / 2018.
*QUESTION* Is their offence(s) bailable?
*ANSWER* : The two, along several other Chadema leaders, were charged for an unlawful assembly and conducting unlawful demonstration.The two felonies are bailable at law.
*QUESTION* Did the two accused persons enjoy their right to bail?
*ANSWER* : Yes, they were initially granted bail and were out to go on with their daily activities.
*QUESTION* What does the law on bail say?Can it be granted on certain or with or no conditions at all?
*ANSWER* The law on bail is categorically clear; there must be some bail conditions attached to the court order.
*QUESTION* The two "political prisoners" were granted bail with conditions or not?And what were the conditions?
*ANSWER* The two were granted bail on conditions that they MUST avail themselves, in person, during all court sessions.
*QUESTION* Did they breach these bail conditions?If so did they justify their ommission?
*ANSWER* Yes, the two deliberately and knowingly, exhibiting both _mens rea_ and _actus reus_ breached the main condition whereby on 1st and 8thNovember, 2018 consecutively they failed to avail themselves during their case sessions with no justifiable reason(s).
I will tell you, the line of their defence upon courts decision to move a "contempt of the court" proceedingss, was the weakest ever, and actually a mockery of the court!
While MP Matiko was straight and unapolegetic that she was outside the country for her own opted parliamentary works, Mbowe's story was an interesting attempt to lie to the court. Characteristic conmanship!
When asked by the court about the whereabout of Mbowe, his surity had initially told the court that Mbowe was rushed to a hospital in South Africa for emergence and intensive care.
Weeks later, in court, Mbowe came with a different comic story that he was in the US! But other evidence (including a social media circulating pictures evidenced he was with MP Lissu in Belgim).
*QUESTION* What is the public law saying about breach of bail conditionalities?And did the court exceed its powers?
*ANSWER* According to section 148 of the Criminal Procedure Act, the Court may suspend accused's bail if it so satisfies itself that conditions were breached.In this scenario the court acted with the ambit of its powers.
*QUESTION* Did the court sanction other accuseds in the Mbowe, Matiko case who were initially granted bail?
*ANSWER* Big NO, all other accuseds who did not breach bail conditions such as MPs Mnyika,Msigwa, Mdee,Heche,Bulaya and other Chadema officials like Mashinji and Salum Mwalimu are still enjoying their liberty as they are still out on bail.
Now, having established all these facts, how can one say these Mbowe is a political prisoner?
How many people in the history of the court have breached similar laws and met similar fate?
What happened to Chadema?How can Zitto someone you expelled from your party for hypocrisy and espionage today turn to think and act for you?
Conclusively, the entire campaign for Mbowe and Esther Matiko as political prisoners falls down both in law and logic; what is left is another attempt by empty- stomach-politicians of the like of Zitto Kabwe to try in vain to lure uninformed but pro gay rights European donors to support his presidential ambitions.
Purely conmanship.
By Political Jurist
Let me say at the outset, Mbowe is not and cannot be a political prisoner, rather a remandee like many other wananchis but he is rather a plitical conman!
Legally a prisoner is someone who was convicted by a court of law and sentenced to save a specified jail term.
An accused person whose case is still pending in court but who breached bail terms and remanded in prison can never be called a prisoner.
These are legal terms that proponents of the fallacious "Mbowe ni Mfungwa wa Kisiasa" movement who went as far as to spend nights in Zanzibar ought to have known better and before!
Nevertheless, lets go by their own thinkinh; what makes Mbowe nad MP Esther Matiko political prisoners? I share some mind blowing questions with a seasoned criminal lawyer and this is the conversation on the subject:
*QUESTION* Was there a pending case at the Kisutu Resident Magistrate Court where the two (Mbowe and Matiko) were charged of any felony?
*ANSWER* Yes, the two are facing criminal case no.112 / 2018.
*QUESTION* Is their offence(s) bailable?
*ANSWER* : The two, along several other Chadema leaders, were charged for an unlawful assembly and conducting unlawful demonstration.The two felonies are bailable at law.
*QUESTION* Did the two accused persons enjoy their right to bail?
*ANSWER* : Yes, they were initially granted bail and were out to go on with their daily activities.
*QUESTION* What does the law on bail say?Can it be granted on certain or with or no conditions at all?
*ANSWER* The law on bail is categorically clear; there must be some bail conditions attached to the court order.
*QUESTION* The two "political prisoners" were granted bail with conditions or not?And what were the conditions?
*ANSWER* The two were granted bail on conditions that they MUST avail themselves, in person, during all court sessions.
*QUESTION* Did they breach these bail conditions?If so did they justify their ommission?
*ANSWER* Yes, the two deliberately and knowingly, exhibiting both _mens rea_ and _actus reus_ breached the main condition whereby on 1st and 8thNovember, 2018 consecutively they failed to avail themselves during their case sessions with no justifiable reason(s).
I will tell you, the line of their defence upon courts decision to move a "contempt of the court" proceedingss, was the weakest ever, and actually a mockery of the court!
While MP Matiko was straight and unapolegetic that she was outside the country for her own opted parliamentary works, Mbowe's story was an interesting attempt to lie to the court. Characteristic conmanship!
When asked by the court about the whereabout of Mbowe, his surity had initially told the court that Mbowe was rushed to a hospital in South Africa for emergence and intensive care.
Weeks later, in court, Mbowe came with a different comic story that he was in the US! But other evidence (including a social media circulating pictures evidenced he was with MP Lissu in Belgim).
*QUESTION* What is the public law saying about breach of bail conditionalities?And did the court exceed its powers?
*ANSWER* According to section 148 of the Criminal Procedure Act, the Court may suspend accused's bail if it so satisfies itself that conditions were breached.In this scenario the court acted with the ambit of its powers.
*QUESTION* Did the court sanction other accuseds in the Mbowe, Matiko case who were initially granted bail?
*ANSWER* Big NO, all other accuseds who did not breach bail conditions such as MPs Mnyika,Msigwa, Mdee,Heche,Bulaya and other Chadema officials like Mashinji and Salum Mwalimu are still enjoying their liberty as they are still out on bail.
Now, having established all these facts, how can one say these Mbowe is a political prisoner?
How many people in the history of the court have breached similar laws and met similar fate?
What happened to Chadema?How can Zitto someone you expelled from your party for hypocrisy and espionage today turn to think and act for you?
Conclusively, the entire campaign for Mbowe and Esther Matiko as political prisoners falls down both in law and logic; what is left is another attempt by empty- stomach-politicians of the like of Zitto Kabwe to try in vain to lure uninformed but pro gay rights European donors to support his presidential ambitions.
Purely conmanship.
