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Uganda court throws out petition against polygamy

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By The EastAfrican
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Uganda’s Constitutional Court has dismissed a petition seeking to declare polygamy illegal.

Mifumi, a women’s rights advocacy non-governmental organisation, had petitioned the court to rule as unconstitutional the practice that allows men to marry more than one wife.

Mifumi argued that polygamy denied the women rights to equality in marriage and was in violation of Article 21 (1) of the Constitution, which states that all people are equal before the law.

But the five-judge bench court lead by Deputy Chief Justice Alphonse Owiny Dollo, unanimously dismissed the petition, first filed eight years ago.

The court said the petitioners have failed to demonstrate willingness to pursue the matter by having many unnecessary delays.

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The petitioners Monday had asked the judges for another adjournment of the case, which had been scheduled for the hearing of submissions.

The court’s order was welcomed by respondents representing the Uganda Muslim Lawyers Association. Muslim law allows men to marry up to four wives.

The practice is also common in many Ugandan tribes where it is part of traditional. Polygamy is also prevalent in many African communities.

Mifumi has been to court before, with another marriage-related petition. In August 2015, the Supreme Court agreed in part with its petition and ruled that the practice of refunding bride price on the dissolution of a marriage was unconstitutional. The court however did not rule out that bride price itself was unconstitutional.

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200 homeless families seek Governments’ help to recover their land – KBC

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Hundreds of homeless families in Kinango Sub-county, Kwale County are appealing to the Government to help them repossess their land from a private developer.

The 200 families from Mwamdudu in Bonje area are accusing a private developer of colluding with top Government officials to grab their ancestral land.

Their houses were demolished with the residents saying they couldn’t salvage anything as the demolition caught them unprepared.

They condemned act saying it was inhumane and a violation of their human rights and access to justice.

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Mwamdudu secondary school, a dispensary and a children orphanage were also demolished.

Ramadhan Lewa Kalume a resident in the area dismissed claims that they had entered into a consent with the company associated with the private developer.

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 “I wish to insist that we were never consulted in the sale of the land to the private developer,” he pointed out.

The local resident allege that the demolition exercise was carried out by officers from the General Service Unit [GSU] and not regular police.

Ms. Salama Kenga, a single mother said they are spending nights in the cold with their children and appealed for Government’s intervention.

Mwanahamisi Ramadhan, a 24 years old mother of three said she only managed to rescue her three children including a one day child she had given birth to on the day the demolitions were conducted.

The distraught mother says she is surviving on handouts from well-wishers to feed her young family and is sleeping outside in the cold with her newborn baby.

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PwC lauds ease of Customs tax

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PwC has commended the Kenya Revenue Authority (KRA) for lifting restrictions on warehousing of goods in Customs bonded warehouses, noting that the action will enhance the competitiveness of Kenya as a global and regional logistics hub.
PWC said the policy will also boost to businesses that utilise Customs bonded warehouses to store goods, defer payment of duties and are involved in regional trade. It however called for consistency in tax law.
“We expect that with Customs having lifted restrictions on warehousing of goods will help contribute to the State’s agenda of reviving the economy in light of the ravages of Covid-19, improve cash flow and stock management for businesses,” said Indirect Taxes Associate Director at PwC Kenya Maurice Mwaniki.
“We expect this will once again enhance the competitiveness of Kenya as a global and regional logistics hub and assist attract inward investment into Kenya.”

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Kenya Revenue Authority

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Kenya: Court Cancels Former Rugby Player Alex Olaba’s Sh300,000 Bail

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Nairobi — A Nairobi Chief Magistrate’s Court has cancelled the Sh300,000 cash bail issued on former rugby player Alex Olaba, after the prosecution said he had committed an offense of conspiracy to murder while he was still face a change of gang rape.

Trial Magistrate Zainab Abdul said the accused committed the offense while he was out on bond and proceeded to threaten the complainant in the case.

Olaba will remain in custody until the two cases are heard and determined. He wull be back in court on June 3 for purposes of taking a hearing date.

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The former Kenya Sevens and Kenya Harlequins player was arrested last month by detectives for allegedly trying to hatch a plot to kill witnesses in the case.

At the same time, the Court has also barred the media from publishing images of the complainant and directed that the matter will be heard in camera.

Olaba was previously charged with Frank wanyama with an offense of gang rape in 2019. They had been found gulty and sentenced to 15 years in jail. They however appealed against the sentence and the same was quashed by the High Court on a technicality.

The duo was later arrested in 2020 and charged afresh

When the matter came up for mention in April 22nd the suspect mulamba did not appear virtually instead he told the court that he was away in Bungoma, but according to the investigating officer he lied to the court he was in Nairobi.

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