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The attempt by Kenya to withdraw its membership from the International Criminal Court: by Simon Patrick

September 10, 2013

On 03 September, 2013, BBC reported Kenya’s intention of withdrawing its membership from the ICC; this is due to the fact that the Kenya president Uhuru Kenyatta and his vice president William Rutto are both facing trials before the International Criminal Court (ICC) which resulted from post election conflict of 2007.

Both William Rutto and Uhuru Kenyatta are facing five charges of crimes against humanity, including murder, rape, persecution, deportation and other inhuman acts perpetrated during the post election unrest as per Article 7 of the Rome Statute.

On Tuesday of 03 September 2013, the deputy speaker of the National Assembly of Kenya, Madam Joyce Laboso issued an order for a special sitting of the Assembly with the parliament on Thursday of 05, September 2013, to debate the ending of the country’s membership of the International Criminal Court (ICC).

Kenya became member of the International Criminal Court by signing the Rome Statute on 11 August 1999, and went further by ratifying it on 15 March 2005, thus becoming the 98th State Party, and the Statute came into force on 1 June 2005. That short history shows that Kenya had...

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Do Acts of Union between Tanganyika and Zanzibar Prevail over the Constitution of the United Republic of Tanzania, 1977? by Simon Patrick

February 5, 2013

When Tanganyika gained her independence in 9th December, 1961 and Zanzibar gained her in 10th December, 1963 respectively each had its own Constitution (The 1961 Independence Constitution of Tanganyika and the 1963 Constitution of the State of Zanzibar).

Three months later Presidents of the two Countries i.e Aman Abeid Karume for Zanzibar and Julius Kambarage Nyerere for Tanganyika both signed the Articles of Union, to form the United Republic of Tanzania. In that sense, the two independent States surrendered their sovereignty to one new Country which is the United Republic of Tanzania (Act no. 61 of 1964), this can be backed by the case of SMZ v. Machano Ali and 18 others (2002), where the Court of Appeal of Tanzania ruled that neither Zanzibar nor Tanganyika is a State, and from 26th April, 1964 both parties of the union surrendered their sovereignty to the United Republic of Tanzania.

It is from that point of view where we can say that, Acts of Union prevail over the Constitution of the United Republic of Tanzania of 1977 due to the fact that the Constitution is the product of the Articles of the Union of 22nd April, 1964, thus Articles of Union being...

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ICT in Legal system in Tanzania by Simon Patrick

December 21, 2012

ICT refers to the technology that allows data to be collected and be shared through networks. In Tanzania Legal section specifically the Judicially, must adopt all ICT policies so as to simplify the data collection, Networks must be created so as to allow distributed databases through wired and wireless created, this will enable all Courts and other experts to shares desicions and case laws developed by Courts.

ICT must be adopted in Tanzania legal system and experts must be trained in this field so as they can be able to adopt ICT in their undertakings.

For more about ICT, contact me though:

Email: info@simonpatrick.biz.tc

Phone: +255 763 685 511.

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Posted at: 07:05 PM | 4 Comments | Add Comment | Permalink

Can Treason be committed in Zanzibar? by Simon Patrick

January 13, 2002

If Arrticle 103(1) of the Constitution of the United Republic of Tanzania of 1977 provides for the President of Zanzibar who is the head of Revolutionary Government of Zanzibar, and Article 26(1) of the Constitution of Zanzibar also provides for President of Zanzibar who is the head government and chairman of Revolutionary Council, if a person kills this President as provided under Article 103(1) of Constitution of the United Republic of Tanzania and Article 26(1) of the Constitution of Zanzibar, will he be convicted of murder or treason?

While dealing with that, let us consider Zanzibar treason trial (1972);

 1. Abdullah Ali Khamis  trial

 2.Nurbai Issa trial

 3. Husein Mbarouk Kombo trial

 

For more info about this just contact me through; info@simonpatrick.biz.tc 


Posted at: 02:52 PM | 1 Comment | Add Comment | Permalink

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