New administration under Samia Suluhu gives hope after 5 years of hopelessness

References

Ken Costa, God at Work (Alpha International, 2013), p.174.
Henri Nouwen, If I were to let my life be taken over by what is urgent, I might very well never get around to what is essential in @HenriNouwen Twitter 31 July 2012, [Last accessed November 2015]
Unless otherwise stated, Scripture quotations taken from the Holy Bible, New International Version Anglicised, Copyright 1979, 1984, 2011 Biblica, formerly International Bible Society. Used by permission of Hodder & Stoughton Publishers, an Hachette UK company. All rights reserved. ‘NIV’ is a registered trademark of Biblica. UK trademark number 1448790.
Scripture marked (MSG) taken from The Message. Copyright 1993, 1994, 1995, 1996, 2000, 2001, 2002. Used by permission of NavPress Publishing Group.
 
I believe
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Did he perjure himself when he deponed under oath he never belonged to any political party? But is donning CCM outfits and taking photos with CCM bosses and mwamba's chief nemesis mean he is a bona-fide CCM member or unless membership card is produced in a court of law will resolve the whirlwind? But belonging to a political party does it proscribe anyone from testifying despite holding relevant information?

What we see this is now a legal landmine.


Our thoughts.

We still find him a credible witness because being a closer confidant of Sabaya proferred him with a rare opportunity to harm him. Conceivably, mwamba had a reason to breach Sabaya inner cycle to hurt him: "Kikuumacho ki nguoni mwako" was predestined for such situations. People are betrayed by those close to them. We are still skimming through the evidence to see if he had claimed he is apolitical. If he did his evidence must be thrown out because he committed perjury.



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China loves cheap labour and raw materials who can blame them? They are our friends if we pay blind eye to their Taiwan regular incursions and Hong Kong atrocities. Again, who can blame them if we keep up our satellite obligations and they sustain us with low quality products we seldom need

Every time you either order to sell or use Chinese trash know that you are perpetrator of your own poverty.

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Reminds us during Moi era in Kenya how courts suppressed free speech and freedom of expression. They slapped media with extortionate libelous fines whose basis of assessment was esoteric. The aim was to put media houses considered hostile to the regime out of business so the populace can be deprived of the gospel truth and accountability was watered down the bridge.

While Musiba may have been slightly over edge with his journalistic melodramas but there is nothing he did to deserve this. What kind of pecuniary damages did Membe suffer to merit such a hefty restitution? He never earned that kind of income in his entire life so why did the court reward him beyond his financial dints? What are they compensating him for, really? Pecuniary restoration must be constrained by what an individual has been earning and he cannot suffer beyond his earning capacity independently verified by the amount of taxes he pays annually to TRA for at least the last five years. Such valuable information of tax returns is never deposited in a court of law nor is it considered as the primary means to appraise the magnitude of compensation in such matters! Furthermore, no amount of cash can salvage whatever character is lost so it is illogical to perceive money as a consolation gesture. Besides, character is priceless and setting a value to it amounts to fomenting a lie. There are other more effective deterrent measures such as the right to riposte or that news outlet being ordered to retract its story on a front page for a specified period. Did not Mwendazake seek similar remedies from the Citizen TV when it branded his intransigence to kowtow at WHO Covid-19 protocols as "ukaidi wa Magufuli"? Did not the news outlet recanted their invidious remarks for seven consecutive days on their own TV during prime viewing? Did not that out of court settlement resolved the dispute amicably without resorting to the potential distortions of the judicial system without condemning the news outlet to bankruptcy? Sadly, such profitable options are never on the table because the aim is not restoration of facts but to exact a revenge by jostling the Defendants out of business. In such situations, courts are culpable in hampering accountability, and fails to acknowledge that even outright lies have public value because they spark invaluable debate. Essentially, the whole intention is to deprive the accused with the means to earn a living. When the courts condone revenge they cease being courts of law and abseil into charades of which they are. Money never restore lost dignity so why are the mammons being pursued as primary means of restoration while they are mere reprisals beats the odds. Glorification of money above everything else is what damages the moral integrity of our judicial system. Moreover, retributive justice never shapes human conduct to regard remorse but provoke perpetual vendetta.

Income tax returns ought to form the basis of estimating claims of compensation. Without that, an arbitrarily approach leads to unfair assessment and because the decision is harsh and unconscionable the judicial objectives of deterrence will never be met. Whenever the decision is fundamentally flawed like this one the society focus on the injustices inflicted on a victim rather than appreciating the long term purpose behind the decision.

Our own assessment.

Had tax returns of Mheshimiwa were under consideration his legal annual income is around Tshs 50MILL and since he has miserably failed to show how those publications had hurt his sources of revenue generation he can only be compensated 5% of that income for three years. This assessment of character assassination yield a mere Tshs 1.25 Mill a year totaling to Tshs 3.75MILL in three years .

How did the learned Judge arrive at Tshs 6Bill remains an issue of contention.

In Kenya during Moi reign his closest confidant Nicholas Biwott was awarded by High Court Kshs 9Mill against one of the leading newspapers in investigative journalism. Todate, the appraisal of such insane compensation against an innocuous article has failed to pass the litmus test of equal treatment without biases before a court of law.

Courts in poor nations like TZ, where there is overdependence on politics of a day to eke out a living, tend to gravitate to ingratiate the political class of the ruling party e.g CCM and this Membe jubilation is by no means without a precedence, at all. Salim Ahmed Salim won a billion against the East African magazine and the court had puked a comic justification to exculpate itself from criticism of bias. The High Court Judge had no basis whatsoever which ensured both parties were treated equally. To cover his tracks, the honorable Judge said he had considered the 'social stature" of the plaintiff in awarding that cash. The so called issue of "social standing" was never canvassed or argued by parties so the learned Judge had condemned the Defendants unheard of! "Social stature" is intangible, too subjective and extremely elitist therefore placing a monetary value to it is obviously an exercise in futility. Since individuals demand money compensation they must show how they have suffered financially. However, if the plaintiffs are incapable of proving their monetary claims the court ought to order non monetary forms of compensation as suggested above after proving character assassination was committed.

When Mtikila demanded sizeable payment the same court awarded him peanuts worthy of Tshs 200, 000/= for wrongful detainment albeit the Appeals Court rectified this injustice and awarded him a 31% commercial interest rate on the decretal sum but even this payment is a far outcry compared to how the ruling party politicians are pampered before the court of law. Part of the problem is a failure of the Appeals Court to enunciate a criteria lower courts ought to follow in assessment of libelous recompense. In Mtikila case, the Appeals Court adjusted the High Court decision but its evaluation was arbitrarily too without providing clear guidance which will limit unequal treatment between elites and Lilliputians at the High Court. It was an opportunity that was intentionally squandered and no wonder arbitrariness rather commonsense and logic rules libel litigation at the expense of freedom of expression and information.

We must concede the march to fair treatment before a court of law has a marathon to crawl.....



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Code: 
[I]Njia Ya Mwongo Ni Fupi.[/I]

Sehemu Ya Ushahidi Wa Justine Eliya Age 31 Yrs, Kabila Mmeru Mitandaoni Ujiita Power Kaaya Ni Shahidi Wa Pili Wa Upande Wa Jamhuri Ktk Kesi Namba 16 / 2021 Inayowakabili Mhe. Mbowe Na Wenzake Watatu.

Wakili Kibatala, Hilo Gari La KUB Uliliona Lini ?

Shahidi, Januari 2020.

Wakili Kibatala, Unataka Mahakama Ikuchukulie Wewe Ni Shahidi Muhimu Na Umetoka Kwa Mchumba Wako Kuja Kutoa Ushahidi ?

Shahidi, Ndiyo. 

Wakili Kibatala, Je Unafahamu Januari, 2020 Freeman Mbowe Alikuwa Gerezani Segerea Baada Ya Kufutiwa Dhamana Na Hakimu Mashauri Mahakama Ya Kisutu ?

Shahidi, Sifahamu.

Wakili Kibatala, Je Mtu Akiwa Gerezani Segerea Anaweza Kukutana Na Wewe Longido ?

Shahidi, Hapana Sifahamu.

Our concern


Is January a day or a month? When questions treat a month of 31 days as if it is a single day amounts to evidence tampering which leads to obstruction of justice. Such queries must make clear reference to dates of occurrences rather than battering witnesses with vague questions aiming to intimidate and harass them.

Which dates was he behind bars rather than which month he was behind bars. Whether he behind bars for a whole month of January was not stated but unfortunately it was implied misleading the witnesses, as well.

Misleading questions ought to be disallowed.
 
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