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Kenyan tycoon with business interests in Uganda appears in court over tax evasion

By
Our Reporter
-
Businessman Humphrey Kariuki
 

 

Almost a month after being summoned to answer to several charges linked to his business empire, Kenyan businessman Humphrey Kariuki has presented himself to authorities in Kenya after days of hiding.

On Monday, Kariuki appeared at Kenyan’s Milimani Law Courts in the company of Lawyer Kioko Kilukumi to answer to charges levelled against him.

The billionaire and 10 others from Wow beverages and Africa Spirits are accused of among others evading tax amounting to over KSh41 billion.

Kenya’s director of public prosecution Noordin Haji said early this month that he has gathered enough evidence to prosecute Humphrey Kariuki Ndegwa and Stuart Gerald (Directors WOW beverages), Peter Njenga Kuria (Director Africa Spirits), Robert Thinji Murithi (Director WOW beverages, Geofrey Kinoti (Director Africa Spirits).

Others to face the seven separate charges include Sethu Prabhu (Assistant production manager Africa Spirits), Eric Nzomba (Driver), Kepha Gakure (Tax manager Africa Spirits).

Besides the tax evasion claims, DPP says the seven should be charged with being in possession of excisable goods affixed with counterfeit excise stamps, and fraud.

“KRA audit has revealed that Africa Spirits/WOW beverages had evaded payment of tax in the amount of over KSh41 billion between the period of 2014 and 2019,” said Haji.

“In addition, the audit revealed that there was evidence of tampering with the production system at the Africa Spirits factory that led to the submission of false declaration to KRA,” he adds.

Humphrey Kariuki chaired Janus Continental Group, which has an interest in the energy, real estate, hospitality and conservation matters.

The group has an interest in key energy projects in Zambia, Kenya, Uganda, and Mozambique as well as dozens of others in incubation.

Its Dalbit Petroleum services the aviation, mining, manufacturing, transport and humanitarian sectors in the African region.

A statement signed by Hellen Akello, Chief Human Resource Officer Janus Continental Group said Kariuki stepped down as the chair of the board in light of development in the investigation process. “Humphrey Kariuki explained that this will allow him to focus his efforts on challenging claims in the courts,” reads a statement by the group to newsrooms.

“In the meantime, the Board has come to the decision that Managing Director Margaret Mbaka shall be stepping in as Acting Chair of the Board, with support of Chief Executive Officer Rikin Shah.”

Kariuki’s bank accounts have however been frozen following court order.

 
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Besigye scoops continental award

By
Geoffery Serugo
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Dr. Besigye acknowledges his award as his wife, Ms Winnie Byanyima and their son Anselm Kizza Besigye in Nairobi Kenya.
 

 

The Former presidential candidate, Dr. Kiiza Besigye, has been recognised with African Hero Award over his courageous struggle for political freedom in Uganda.

Uganda’s strongest opposition leader, was recognized by the Voice Achievers Award at Loius Leakey Hall, national museum in Nairobi, Kenya’s capital.  He has been President Museveni’s opponent since 1999 when he exited Movement system and stood against former commander of 1981-1986 bush war.

Besigye has however, lost election against the incumbency  but amidst allegations of wide spread vote rigging. He has also trice dragged Mr. Museveni to Supreme Court contesting the results from such elections. The allegations have since been watered down in Supreme Court that ruled in favour of Museveni in both 2006 and 2011.

He was awarded along other distinguished awardees who include; Her Excellency, Mrs. Isaura Nyusi, First Lady of the Republic of Mozambique, Lady Justice Joyce Aluoch (rtd), Prof. PLO Lumumba, Arch Bishop Arthur Kitonga, Rev Mrs. Josephine Kitonga, Hon. Ababu-Terrah Namwamba, Rwanda Air, Bishop Dawn Willis.

Others include; Bishop William Tuimising, James Mureu, Dr. Swarup Ranjan Mishra, Rev. Ademola Afolabi, Emerging Leaders Foundation (ELF), Hon Esther Passaris, Connie Aluoch, Obi Emelonye, Lydia Tett Olet, Kevin Mulei, Dr. Kennedy Waningu, Angel Wanjiru Ngugi, Ken Wakia, Kadogo Naus-Nyawade, Ahadi Trust Kenya

The rest are;  Patriciah Mutheu Musyimi, Blue Cross Kisumu, Raphael Obonyo, Marc Broere, Rachel Akem-Harumi, Hajia Zainab Kessington Momoh, Ambassador Comrade Jude Ebitimi Ukori (JP), Namusoke Asia Mbajja, Eva Nakato, Robinah Babirye, Sarah Munyi and Chief Dr. (Mrs.) Vero Tangbowei Emmanuel (JP), Kevin Mulei and Reuben Kimani

The winners were awarded after vetting and screening of nominations for 2019. The awardees were chosen from a pool of well qualified individuals, companies and organizations contributing to the advancement of Africa. Candidates were drawn from various countries in Africa and from around the world. On the final list are noble men, women and young promising personalities who cherish a better future of Africa.

The Voice Achievers Award is one of the biggest African social events in the Central Europe, dedicated to appreciating dedication and contribution of daughters, sons and friends of Africa who through their activities have impacted positively on the lives of Africans.

 
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CDF welcomes UPDF troops from Somalia

By
Geoffery Serugo
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Ugandan soldiers being decorated with service medals

 

 

The Chief of Defence Forces (CDF) of the Uganda Peoples’ Defence Forces (UPDF), Gen. David Muhoozi has welcomed back 529 UPDF troops who were part of the fifth United Nation Guard Unit (UNGU V) in Somalia and another 1,406 troops of Uganda’s 25th Battle Group to Somalia.

The function was held at the UPDF Peace Support Operations and Training Center (PSO-TC) in Nakaseke District. Gen. Muhoozi commended the troops for raising the Ugandan flag high in the foreign missions from where they have just returned after serving for one year.

He said Africa is still faced with many challenges that Africans must strive to resolve as united people. “It is in this spirit that we went to Somalia; extending a liberation struggle of Africa. A stable Somalia is a stable Africa,” Muhoozi said.

The General noted that Somalia is not very far away from any African country and what affects the country affects in a way all African countries. He said the African Union intervention in Somalia was a wise undertaking that has positively paid off.

“We are now counting successes in Somalia due to the selfless contribution made by you and your predecessors towards the betterment of the situation in the Horn of Africa. Thank you for having Africa at heart,” Muhoozi, adding that despite challenges such as delayed payment of mission allowances due to circumstances beyond UPDF control, the troops have maintained their pan african spirit and remained focused on their duty.

He noted that the model performance of UPDF in its internal and external operations stems from its exceptional qualities that also distinguishes the force from other armies. “You serve in an extra-ordinary force that is distinguishable from other armies by its character, discipline and capabilities,” he said. The General stressed that no matter the situation, the UPDF troops have always maintained high morale, resilience and courage to overcome all odds even in moments when sceptics thought the force would not make it.

“Some people thought that since we were engaged in other operations like in Somalia we would not be able to respond to the call of confidence our brothers in South Sudan made on us. Others expected us to respond in months but they were surprised that in one week our battle group was in Juba and we had changed the situation.”

The Commander Land Forces, Lt Gen. Peter Elwelu, revealed to the troops a plan to deploy some of them to command and nurture the recently recruited local defence forces.

The troops received a month of post mission counseling and training in Somalia prior to their return home and another two weeks on arrival at PSO-TC. The counselling and training were officially closed today in the same ceremony to receive the troops. The CDF granted the troops 45 days to rest and recuperate.

The UPDF recently deployed its sixth UNGU to secure the UN Mission in Somalia and the 28th battle group under the African Union mission in Somalia. The first battlegroup was deployed in 2007 and UNGU in 2014. Uganda’s UNGU deployment followed the need to secure the UN Mission in Somalia when it shifted its offices from Nairobi to Mogadishu.

 

 

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First two Ebola cases confirmed in Congo’s South Kivu

By
Agencies
-
One of the deadliest Ebola outbreaks in history continues to worsen in the Democratic Republic of Congo with more than 1,900 dead.

A Congolese woman and her child were the first two cases confirmed with Ebola in DR Congo’s South Kivu region this week, opening a new front in the fight against the outbreak.

Health officials said on Friday that the latest cases were more than 700 km (430 miles) south of where the outbreak was first detected.

Ebola has killed at least 1,900 people in Democratic Republic of Congo over the past year. This is the second biggest toll ever and militia violence combined with local resistance have made the outbreak harder to contain.

The 24-year-old woman had been identified as a high-risk contact of another Ebola case in Beni, more than 700 km north, last month, according to a government statement issued on Friday.

She travelled by bus, boat and road with her two children to Mwenga, in South Kivu, where she died on Tuesday night, according to a slide from a presentation by health officials.

The woman had been vaccinated, the slide said. The Ebola response team, headed by the Congolese government, identified 120 contacts and vaccinated 20 on Thursday, the slide showed.

The latest cases show the difficulty of containing the latest Ebola outbreak, which has continued to spread in eastern Congo despite the deployment of a highly effective vaccine.

Last month, it reached the region’s largest city of Goma, home to nearly two million people on the Rwandan border.

Ebola treatment centres have repeatedly been attacked by armed militiamen and disgruntled locals, hampering efforts to contain the epidemic in the conflict-ravaged east.

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Huawei VP rejects WSJ report of employees spying on African politicians

By
Agencies
-
Huawei VP Andrew Williamson

 

 

Huawei has never engaged in hacking activities, the company’s vice president of strategy, Andrew Williamson, told foreign news agencies after a recent report claimed its technicians helped African governments to snoop on political opponents, including Uganda’s Bobi Wine of the People Power pressure group.

Williamson made the statement after traveling to the telecommunication giant’s headquarters in Shenzhen, China.

The Wall Street Journal reported earlier this week that governments in Uganda and Zambia had allegedly enlisted Huawei’s help to spy on dissenting voices, including tapping into opposition politicians’ conversations, cracking encrypted communications, and conducting surveillance.

The newspaper said that the intricate work was allegedly done by Huawei technicians in Africa, while not providing proof that the company’s top executives in China had any knowledge of the alleged spying arrangement between the firm’s employees and local authorities.

Williamson has dismissed the report as “fake news” lacking any corroborating evidence.

“We refuted that quite vociferously. Again, it just feels like it’s one those stories that come up now and again, that are completely unverified. Even other companies that have been cited in terms of their involvement have made it very clear that they don’t even have contracts in Uganda,” he said.

The VP urged against taking such allegations at face value.

“You really have to check everything, assume nothing and trust almost nobody. And that’s the process and the system that we stick to and work with many of our partners around the world on that basis.

“So it looks like that this story is unfortunately just really fake news,” he added.
Huawei’s continuing status as a private company has proven to be in its favor, Williamson said, noting that employees that are also shareholders have “a real vested interest” in the commercial success and the quality of products and services it renders.

“It’s a private company owned by its employees, it’s about a hundred thousand shareholders. There are extraordinary benefits of running an organization like that, because people don’t necessary just pick up their paycheck at the end of the week or at the end of the month.”

 

 

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Japan to train UPDF personnel in operating heavy engineering equipment  

By
Isaiah Mwebaze
-
CDF, Gen. David Muhoozi
 

 

The Government of Japan will offer nonlethal support to Uganda Rapid Deployment Capability Centre (URDCC) manned by the Uganda Defence Forces (UPDF) Engineering Brigade.

The support announced in Kampala on Friday at the Uganda Media Centre comes via the United Nations Project for Africa Rapid Deployment of Engineering Capabilities and will see Japanese mobile teams build further the engineering capacity of the UPDF.

“Uganda is delighted that the government of Japan is offering nonlethal support to the UN peacekeeping operations with third countries providing the platform to operate from. This triangular partnership with United Nations and other supported countries especially   Africa will go a long way in strengthening our capacities to respond to situations that threaten peace and stability,” said Adolf Mwesige, Minister of Defence and Veteran Affairs.

“Our desire is now to maintain this strong partnership and also where possible, get equipment that can form a strong and robust Military Engineering Company that can be rapidly deployed anywhere on a UN mandated mission,” he said.

The minister said that since 1986 when the National Resistance Movement (NRM) came to power, Uganda has contributed to international peace and security.

He mentioned that the first ever peace support mission abroad was the deployment of an Infantry Battalion in 1994 under late Maj Gen Levi Karuhanga to support the Economic Community of West African States (ECOWAS) to bring peace and stability in Liberia.

“Other peace support operations and limited deployments have been in Burundi, Ivory Coast and South Sudan and to a very large scale in Somalia since 2007 under the Africa Union Mission in Somalia (AMISOM). This participation by Uganda even at the infant stage of its Army, is a demonstration of Uganda’s total commitment to play its’ rightful role as a member of the United Nations (UN), and we applaud the UPDF for taking on this huge, task which has greatly contributed to peace and security not only in the country but a greater part of the region,” he said.

The minister however said that Uganda’s efforts many times have met some challenges that delay the troops to settle down in the mission area. “These include limited capacity, for example, to rapidly clear ground and establish camps, provide purified water, establish proper sanitation,” he said.

And added that it is the realisation of such among some countries that the United Nations agreed to support the establishment of engineering units by training deployable forces on the use of heavy equipment thus building capacity of individual countries. “Uganda has established the Uganda Rapid Deployment Capability Centre (URDCC) to focus on such training and members of the press are welcome to visit the facility,” he said, reiterating that Uganda government is ready to offer troops for peace keeping operations.

The Japanese Ambassador to Uganda Kazuaki Kameda while addressing journalists said that the Japan Self-Defense Forces will come to Uganda for the first time ever to support the UPDF by dispatching 22 instructors who will from August 26-September 18, 2019 train the engineering personnel of UPDF in Jinja. The training sessions will equip UPDF personnel in operating heavy engineering equipment.

 
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COMESA targets lawyers in publicity drive

By
Geoffery Serugo
-
Nyambura Mbatia

 

COMESA Court of Justice and the COMESA Competition Commission are taking part in the largest gathering of Kenyan lawyers in Mombasa this week. The event has attracted over 1,200 lawyers thus providing the best opportunity for the two COMESA institutions to publicize their programmes amongst a strategic target group.

COMESA Court Registrar Nyambura Mbatia, described the legal fraternity in COMESA Member States as a prime target audience of the Court as they mainly represent litigants in court.

“This huge gathering of lawyers provides the best opportunity for our Court to be known by key stakeholders,” she said. “Quite a number of them are not aware of the type of cases handled by the regional court hence the need to raise their awareness, to know and use the court.”

The lawyers conference is organised by the Law Society of Kenya. Among the key themes of the Conference is: ‘Embracing Technology in Legal Practice; Litigation and Commercial Practice’.

At the conference, COMESA Court is specifically publicizing its digital evidence management system that was launched in February this year known as CaseLines. Under this system, lawyers can now file cases at the COMESA Court online thus cutting down on time and costs of manual practices.

In her presentation to the lawyers, titled: Embracing technology – A case study of the COMESA Court, the Registrar said the need to go digital was informed by the complex dynamics of the regional court.

“We have the most expansive jurisdiction covering 21 countries in Africa, and the court is required by circumstances, to sit in any of those countries,” Ms. Mbatia said. “Previously, this required carrying physical files from one place to another thus risking destruction, loss or misplacement of documents and possibility of delayed arrival of files thereby derailing slotted hearings.”

She informed the conference that the digital system has now eliminated the costs associated with sending documents to the Court or to Judges and airfreights to the venue of court sessions.

Mr. Danson Mungatana, a Commissioner of the COMESA Competition Commission said Kenya was one of the leading players in mergers and acquisitions in the COMESA region thus presenting lucrative opportunities for lawyers.

“We invite you to participate in these processes and provide advisory services to your clients on the need to avoid practices which negate the objective of free and liberalized trade,” Mr Mungatana said.

He said the main role of the COMESA Competition Commission was to monitor and investigate anticompetitive practices of undertakings within the region, and mediation of disputes between Member States concerning anti-competitive conduct among others.

Under the COMESA Regional Competition Policy and Legal Framework, Member States have committed to prohibit undertakings that prevent, restrict or distort competition within the Common Market.

The two COMESA institutions were part of the co-sponsors of the conference which was  was addressed by eminent legal practitioners in Kenya and the Commonwealth Lawyers Association.

 

 

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Sudhir rejects BoU allegations, dismisses Shs397b  case

By
Our Reporter
-
Chairman of Ruparelia Group, Mr. Sudhir Ruparelia.
 

 

Kampala businessman Sudhir Ruparelia has objected to the case in which Bank of Uganda (BoU) sued him for allegedly fleecing defunct Crane Bank Limited (CBL) of Shs397 billion in fraudulent transactions. Justice Wangutusi of the Commercial Court has set the ruling of the case on August 26, 2019.

Ruparelia through his lawyers of Kampala Associated Advocates on July 3, 2019 presented a preliminary objection against BoU case before Justice Wangutusi.

His lawyers asked court to dismiss the BoU case, arguing that the central bank overstepped its mandate in filing the case that has dragged on for years now.

“When dissolving a bank, BoU had three options. It can put someone in management in what is called statutory management, receivership or liquidation and it chose to go for receivership. Under the law, specifically, only the manager and the liquidator can sue. The case cannot be filed by a receiver,” said Mr Ellyson Karuhanga, one of the lawyers representing Sudhir.

He argeud  that under the law, BoU has four functions to dissolve and not selling the financial institutions.

“The receiver cannot be sued on that act and cannot sue anyone. His action is protected by the law. The second point we are raising is that the receivership is limited by time, the law gives the receiver 12 months to carry out its function and after this, he cannot do anything,” the lawyer argued.

“For us, a receivership, unlike the others, is not a siege, they are not surrounding the bank to find out what is happening. The law does not allow the company whose majority shareholder is a Mauritius based company to obtain those companies as is the case of Crane Bank,” he argued.

The lawyers made the objection when the case filed in January 2017 came up for hearing today.

Mr Bruce Musinguzi also argued that Sudhir was no longer the majority owner of CBL that he founded after Rasik Kantaria, a Kenyan national, on December 6, 2010, snapped up 47 per cent of the bank’s shares.

He said that Kantaria later transferred his shares to White Sapphire Ltd, a company incorporated in Mauritius and that a one Jitendera Sanghani, a British citizen, held 4 per cent stake in CBL.

He also said that under Uganda’s Constitution and the Land Act, CBL in receivership could not own or hold freehold property and was, therefore, not capable of holding the suit property in its names.

In to the submissions of Sudhir’s lawyers, BoU’s lawyer Dr Joseph Byamugisha argued that when a financial institution is placed under receivership the power to commerce or to continue with the civil suit does not stop.

BoU on October 20, 2016 BoU closed and placed CBL under receivership and would on January 25, 2017 controversially sell some of its assets to Dfcu bank at Shs200 billion. Later that same year, BoU alongside Crane Bank in receivership sued Ruparelia and his Meera Investments Limited for allegedly fleecing CBL of Shs397 billion in fraudulent transactions. Mr Ruparelia denied the allegations and counter-sued BoU, seeking compensation of $8m (Shs28 billion) in damages for breach of contract.

Each side now awaits the ruling set for August 2016, 2019.

Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (Cosase)  while investigating Bank of Uganda over the closure of commercial banks  established that over Shs478 billion was allegedly used in the receivership of CBL.

 
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Uganda gov’t denies spying on Bobi Wine, says has open democratic system

By
Our Reporter
-
Bobi Wine in court.
 

 

The Ugandan government has denied allegations made in a report in the Wall Street Journal that it worked with technicians from the telecoms company Huawei to crack the encrypted communications of popular musician-turned-politician Robert Kyagulanyi also known as Bobi Wine.

There was no evidence in the report that Huawei executives in China were aware of what was happening in Africa.

Huawei described the allegations as “unfounded and inaccurate”.

Government spokesman Ofowno Opondo told BBC Focus on Africa TV that they were “false”.

“In Uganda we run a transparent democratic system. The opposition politicians speak their mind openly… there is no need to use underhand methods to find out what they are saying.”

When challenged that Uganda had been accused of spying on opponents in the past, Mr Opondo said, “There will always be bad apples in the system.”

In 2015, the BBC reported that the Ugandan government used surveillance technology which was deployed to crush and potentially blackmail opponents. The report was denied by the government at the time.

Bobi Wine has been representing Kyandondo East Constituency as MP for two years and portrays himself as a champion of the poor, and sings about social justice and democracy.

He intends to run against President Yoweri Museveni in the 2021 presidential election, even though he does not subscribe to any political party, apart from heading his popular political pressure group, People Power.

Museveni has been in power since 1986, and is seeking a sixth term.

 
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Rwandan opposition politician goes missing for 30 days

By
Agencies
-
Eugène Ndereyimana

 

 

The wife of a Rwandan opposition party member who disappeared 30 days ago has told the BBC she has lost hope of finding her husband.

Joselyne Mwiseneza said she does not know whether her husband, Eugène Ndereyimana, is dead or alive.

The politician, who represented the opposition FDU-Inkingi party in the east of the country, went missing on 15 July.

Mrs Mwiseneza said the authorities have not given her any news about him.

“The children are too sad, they don’t know what’s going on, they keep asking me where dad is gone. It is too hard for me,” Mrs Mwiseneza said.

Victoire Ingabire, leader of FDU-Inkingi, says that Habarugira Jean Damascène who held the same position as Mr Ndereyimana, also went missing in 2016. His body was later discovered.

Mrs Ingabire, a vocal critic of the Rwandan government, has previously condemned the killing of opposition members.

Her personal assistant, Anselme Mutuyimana, went missing on his way home in March 2019. His body was later found in a forest.

The Rwandan government has previously denied accusations that they have been persecuting the opposition.

 

 

 

 

 

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