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

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





The case of Reginald Mengi's will has captured the attention of many, but there has also risen a bunch of pettifoggers who have been analysing the judgment in favour of the aggrieved Mengi children.

We have gone through those legal positions and we were petrified by the presumptuous view that the judgment was correct in law a position we hotly dispute.

We believe without an iota of doubt the judgment has defrauded the Mengi widow and her twin sons in at least five legal frontiers.

Here is OUR TAKE:-


We have identified five points of law which make this decision to be a very bad law of whose precedence if not challenged and upset by the superior court will set a very bad precedence which can be used in future by courts of law to nullify valid wills in dubious circumstances as in this case....brace yourself and here we go...

1) THE EVIDENCE NOT THERE TO SUPPORT A COURT'S FINDING THE DECEASED WAS MEDICALLY UNFIT TO PREPARE AND SIGN THE WILL.

The issue which troubled us most is the issue of the way the learned Judge had diasannuled a valid will. The law of evidence is clear that where there is documentary evidence oral dispositions amount to "hearsay". In a matter of signed will of which an appended signature is not challenged the court has a duty to deem that document as "prima facie". Once the appended signature is not under any shred of doubt a ground of the deceased was not "mentally sound" has no legal legs to stand upon. Moreover, the learned Judge did not consider the two caveators made no effort while the deceased was still alive to ask the High Court to order medical examination of the deceased while he was still alive. So it is very puzzling to us on what grounds did the learned Judge sustained the specious claim that the deceased was not "medically sound" to prepare and sign his will.

Once the learned Judge established a fact the will was valid the only remaining ground was to expunge from the will all properties which did not belong to the deceased as claimed by the two caveators. It was wrong to empower caveators to upend the will of the decease on all assets and liabilities which belong to him. What the Learned Judge did was to condone fraud against the testament of the deceased which in itself set a bad precedence in the future to those who die testate. The High Court Judge is sending a loud and clear message the court can upset the written will on frivolous and vexatious grounds of the deceased was mentally unsound despite being represented by lawyers and his own hand written signature to boot.

This decision is a character assassination to all law firms which prepared the will because the High Court Judge overruled them and the whole caboodle mean the lawyers committed gross professional misconduct which is untrue...


2) THE COURT SEIZED POWERS TO APPOINT ESTATE EXECUTORS CONTRARY TO THE LAW.

Such powers belong to a clan and claims of expeditious resolution of the matter cannot give the High Court Judge the leeway and the latitude to be the law trespasser. And, without too much emphasis a trespasser is a trespasser regardless of his position in the judiciary.

3) THE SINGLE AUTHORITY APPLIED IN THE MATTER WAS IRRELEVANT TO GUIDE THE MATTER BEFORE THE COURT.

The authority the learned Judge picked has no bearing to the case in hand for reasons expounded above. The learned Judge made no effort at all to compare factual information between the two cases to ensure that authority passed the threshold of "relevance" and "appropriateness."

4) THE OVERRIDING OBJECTIVES PRINCIPLE WAS GROSSLY ABUSED.

Nowhere do the 'overriding objectives" principles say that law empowers the High Court with powers to vitiate written laws but it empowers the court to overlook non-compliance of its own rules by litigants in the interest of justice.

A claim of "convenience" for the High Court to pick administrator of estate will save time is hollow because it fails to take into account that the aggrieved party may appeal against this awful judgment. The learned Judge wrongly presumed his decision was accepted to all parties and that was a colossal error of judgment given a serialisation of a multitude of errors in his judgment pinpointed here. Of more concern is when the High Court Judge considers certain laws are "inconvenient" that he may violate them in the "interest of justice"!....can statutes be hammered by the Augusta House to impede the administration of justice? We find no evidence at all to support this postulation...we feel strongly the learned Judge was too blinded by favouritism to see such a position has no basis in law.

When a High Court judge disregard clear provisions of the law in the administration of justice clearly he is doing so for the purposes and intents of defrauding the widow of the deceased. That trial judge must be deemed to be very biased... what is scary is to see the attempt of this judgment to justify a court of law to subvert and suspend written laws of the land in order to pave way for "expeditious execution" of its decisions....so if the laws appear to be an encumbrance, the High Court can circumvent those laws in the interests of justice! The laws of land cease to be in the interest of justice simply because they tarry the fast execution of the decisions of the High Court Judge whose decisions may regrettably be offending the laws of the land...if this is not judicial anarchy we do not know what else it is...



5) THE LEARNED JUDGE WAS EXTREMELY BIASED IN FAVOUR OF THE TWO CAVEATORS.

The decision to pick two caveators to be the executors of the Reginald Mengi estate was reached without reasons being given why them and not the widow or a combination of the warring sides. Justice must not only be seen to have been done but must also be perceived to be done.

An average person will not see impartiality of picking only from one litigating side leaving the other side cold. And when no reasons are given why the learned judge trusted the two caveators more than the widow of the deceased perpetuation of feelings of elements of bias cannot and should not simply be wished away.

And, when the learned Judge instructs the caveators to distribute the assets and liabilities as they deem fit without consultations with the other side raises some eyebrows.

While we have no evidence to accuse the learned Judge of receiving kickbacks for reasons which are not clear to us the learned Judge was very compromised. Firstly, he invalidated a valid will contrary to the evidence act. Secondly, under the ruses of "overriding objectives" principle he illegally knocked down the law which empowers the clan to pick the administrator of the decease's assets and liabilities while picking one of the warring side which has vested interest to upend the will of the deceased as the executors of the estate of the deceased. The wanton abuse of the "overriding objectives" principles and the violations of the evidence act convinced us to propound as such.....expositions.



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Rutashubanyuma said:
The case of Reginald Mengi's will has captured the attention of many, but there has also risen a bunch of pettifoggers who have been analysing the judgment in favour of the aggrieved Mengi children.

We have gone through those legal positions and we were petrified by the presumptuous view that the judgment was correct in law a position we hotly dispute.

We believe without an iota of doubt the judgment has defrauded the Mengi widow and her twin sons in at least five legal frontiers.

Here is OUR TAKE:-


We have identified five points of law which make this decision to be a very bad of whose precedence if not challenged and upset by the superior court will set a very bad precedence which can be used in future by courts of law to nullify valid wills in dubious circumstances as in this case....brace yourself and here we go...

1) THE EVIDENCE NOT THERE TO SUPPORT A COURT'S FINDING THE DECEASED WAS MEDICALLY UNFIT TO PREPARE AND SIGN THE WILL.

The issue which troubled us most is the issue of the way the learned Judge had diasannuled a valid will. The law of evidence is clear that where there is documentary evidence oral dispositions amount to "hearsay". In a matter of signed will of which an appended signature is not challenged the court has a duty to deem that document as "prima facie". Once the appended signature is not under any shred of doubt a ground of the deceased was not "mentally sound" has no legal legs to stand upon. Moreover, the learned Judge did not consider the two caveators made no effort while the deceased was still alive to ask the High Court to order medical examination of the deceased while he was still alive. So it is very puzzling to us on what grounds did the learned Judge sustained the specious claim that the deceased was not "medically sound" to prepare and sign his will.

Once the learned Judge established a fact the will was valid the only remaining ground was to expunge from the will all properties which did not belong to the deceased as claimed by the two caveators. It was wrong to empower caveators to upend the will of the decease on all assets and liabilities which belong to him. What the Learned Judge did was to condone fraud against the testament of the deceased which in itself set a bad precedence in the future to those who die testate. The High Court Judge is sending a loud and clear message the court can upset the written will on frivolous and vexatious grounds of the deceased was mentally unsound despite being represented by lawyers and his own hand written signature to boot.

This decision is a character assassination to all law firms which prepared the will because the High Court Judge overruled them and the whole caboodle mean the lawyers committed gross professional misconduct which is untrue...


2) THE COURT SEIZED POWERS TO APPOINT ESTATE EXECUTORS CONTRARY TO THE LAW.

Such powers belong to a clan and claims of expeditious resolution of the matter cannot give the High Court Judge the leeway and the latitude to be the law trespasser. And, without too much emphasis a trespasser is a trespasser regardless of his position in the judiciary.

3) THE SINGLE AUTHORITY APPLIED IN THE MATTER WAS IRRELEVANT TO GUIDE THE MATTER BEFORE THE COURT.

The authority the learned Judge picked has no bearing to the case in hand for reasons expounded above. The learned Judge made no effort at all to compare factual information between the two cases to ensure that authority passed the threshold of "relevance" and "appropriateness."

4) THE OVERRIDING OBJECTIVES PRINCIPLE WAS GROSSLY ABUSED.

Nowhere do the 'overriding objectives" principles say that law empowers the High Court with powers to vitiate written laws but it empowers the court to overlook its own rules in the interest of justice.

A claim of "convenience" for the High Court to pick administrator of estate will save time is hollow because it fails to take into account that the aggrieved party may appeal against this awful judgment. The learned Judge wrongly presumed his decision was accepted to all parties and that was a colossal error of judgment given a serialisation of a multitude of errors in his judgment pinpointed here.

When a High Court judge disregard clear provisions of the law in the administration of justice clearly he is doing so for the purposes and intents of defrauding the widow of the deceased. That trial judge must be deemed to be very biased... what is scary is to see the attempt of this judgment to justify a court of law to subvert and suspend written laws of the land in order to pave way for "expeditious execution" of its decisions....so if the laws appear to be an encumbrance, the High Court can circumvent those laws in the interests of justice! The laws of land cease to be in the interest of justice simply because they tarry the fast execution of the decisions of the High Court Judge whose decisions may regrettably be offending the laws of the land...if this is not judicial anarchy we do not know what else it is...



5) THE LEARNED JUDGE WAS EXTREMELY BIASED IN FAVOUR OF THE TWO CAVEATS.

The decision to pick two caveators to be the executors of the Reginald Mengi estate was reached without reasons being given why them and not the widow or a combination of the warring sides. Justice must not only be seen to have been done but must also be perceived to be done.

An average person will not see impartiality of picking only from one side leaving the other side. And when no reasons are given why the learned judge trusted the two caveators more than the widow of the deceased perpetuation of feelings of elements of bias cannot and should not simply be wished away.

And, when instructs them to distribute the assets and liabilities as they deem fit without consultations with the other side raises some eyebrows.

While we have no evidence to accuse the learned Judge of receiving kickbacks for reasons which are not clear to us the judge was compromised. First, by knocking down the law which empowers the clan to pick the administrator of the deceased assets and liabilities while picking one of the warring side which has vested interest to upend the will of the deceased as the executors of the estate of the deceased. View attachment 1791550View attachment 1791551View attachment 1791552View attachment 1791553View attachment 1791554View attachment 1791555
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I thought wife ni automatic Ana kuwa Maithili especially with kids under 18. Being a son or daughter if I you over 18 shouldn’t be automatic.anyway I don’t know any laws f this nature.
 
Mwime-Kahama said:
I thought wife ni automatic Ana kuwa Maithili especially with kids under 18. Being a son or daughter if I you over 18 shouldn’t be automatic.anyway I don’t know any laws f this nature.
Click to expand...
Big $$ here they fighting about. Looks like a very sad situation. Traditionally a woman would get zero, Mali zote zinaenda kwa vijana wakiume
 
It's the Heart that Matters

Paul Swala was in prison in Zambia. He was charged with treason. He was accused of being involved in a coup to overthrow the government. While in prison, he did Alpha. He encountered Jesus and cried out for God to save him. He said, ‘The smile came on my face and my heart was filled with peace.’
Extraordinarily, he was the only one of the group of sixty-nine accused who was acquitted. He told his story at our Leadership Conference at the Royal Albert Hall. His face radiated the joy of the Lord. He has now been into every prison in Zambia sharing the good news about Jesus Christ and how, even in the direst of situations, Jesus can bring hope and change hearts. He said, ‘I’ve never seen a friend like Jesus.’ God really has filled his heart with joy.
The word ‘heart’ appears at least seventeen times in the passages for today. The Hebrew understanding of ‘the heart’ included the emotions, but it also involved the mind, the conscience and the will. It means everything that is going on inside of you.
All the men and women whom God chose to use greatly had weaknesses and made mistakes. But God saw that their hearts were turned towards him. It is your heart that matters. Your heart lies ‘open before the Lord’ (Proverbs 15:11). Only God sees and knows the heart of every human being (1 Kings 8:39).
 
Proverbs 15:11-20

Your face reflects your heart

Some people’s faces radiate love and joy. Their smile puts us at ease and cheers us up. Others may have a rather more sour expression on their face and can make us feel very uncomfortable.
Your face often reflects your heart. ‘A happy heart makes the face cheerful’ (v.13). I remember a preacher saying that the life we have lived eventually shows on our face and, therefore, everybody over forty is responsible for their face!
Even where you manage to hide your heart from those around you, God can still see it: ‘Even hell holds no secrets from God – do you think he can’t read human hearts?’ (v.11, MSG).
God is interested in your heart. This passage gives some wise advice on how you can feed your heart: ‘The discerning heart seeks knowledge’ (v.14); ‘A cheerful heart fills the day with song’ (v.15b, MSG).
The writer gives an example of how the inside is so much more important than the outside: ‘Better a bread crust shared in love than a slab of prime rib served in hate’ (v.17, MSG). Love and friendship are what make an evening fun.

Thank you, Lord, that you see beyond the outward appearance into my heart. May my face reflect the love and joy you put in my heart and bring encouragement and confidence to everyone I encounter.
 
Acts 14:8-28

Your heart can be full of joy in spite of outward circumstances

Paul faced huge difficulties but was filled with joy because his heart was right, and he was making a massive difference to the world.
Joy comes from the heart and is not necessarily connected with your outward circumstances. God loves you. He approves of you. Of course, we all have weaknesses and make mistakes but God sees your heart.
Paul was conducting the first deliberate evangelistic campaign into the Gentile world. It was this that led to Christianity becoming not just a Jewish sect, but the faith with the greatest number of followers in the world today. God ‘used them to throw the door of faith wide open so people of all nations could come streaming in’ (v.27, MSG).
Paul speaks of ‘all that God had done through them’ (v.27). Yet outwardly the odds were stacked against him. He appeared very unimpressive (2 Corinthians 10:10). One description of Paul’s physical appearance at this time (in a second-century document called ‘The Acts of Paul and Thecla’) describes him as ‘a man little of stature, thin-haired upon the head, crooked in the legs, of good state of body, with eyebrows joining, and nose somewhat hooked, full of grace: for sometimes he appeared like a man, and sometimes he had the face of an angel’.
He not only looked unimpressive but he suffered from some physical illness (Galatians 4:13). In addition to all this, his body must have been battered and bruised by all the physical persecution he had suffered. On this occasion, the crowd beat him unconscious and left him for dead (Acts 14:19).
Like so many who have followed in Paul’s footsteps, in spite of all his physical suffering, his heart was full of joy, and God worked through him. God used Paul in his weakness. This encourages us to believe that God can also work through us in our weakness.
This heartfelt joy is one of a variety of different kinds of hearts we see in this passage:

Faith-filled hearts
Paul followed the Lord’s example and looked at the heart. He saw ‘a man crippled in his feet, who was lame from birth and had never walked’ (v.8). As Paul looked at him he saw his heart and ‘saw that he had faith to be healed’ (v.9).

Sometimes God enables us to see into people’s hearts – to see that they have the faith to be healed, to be filled with the Spirit or to receive some gift. Later we read of how God ‘opened the door of faith to the Gentiles’ (v.27). Faith is the key to salvation.

Fickle hearts
When the crowd saw the man healed they began treating Paul and Barnabas as gods. They pointed out, ‘We’re not gods!’ and that they were only human beings, bringing good news of ‘the living God’ to whom the crowd needed to turn (v.15). However, the hearts of the crowd were fickle. They were soon won over by Paul’s opponents and almost in an instant they went from trying to offer sacrifices to Paul to stoning him (vv.18–19).

Full-of-joy hearts
This was just one of the many ‘hardships’ (v.22) that Paul and his companions went through. Yet Paul can speak of how God ‘fills your hearts with joy’ (v.17). Again, he is saying that the inside is so much more important than the outside.

Paul ‘strengthened’ and ‘encouraged’ the disciples in Lystra, Iconium and Antioch (vv.21–22). The way he encouraged and strengthened them was not by saying that the Christian life was easy. Paul tells them that although their sins were behind them, their troubles were ahead of them. He says, ‘Anyone signing up for the kingdom of God has to go through plenty of hard times’ (v.22, MSG). Jesus did not come to make life easy; he came to make people great.

Lord, thank you so much for the inspiring example of those like the apostle Paul. Whatever the outward appearance or circumstance, may my heart be full of joy. May I not judge people or situations by how they look from the outside, but like you, always look to the heart.
 
1 Kings 8:22-9:9

Your heart should be fully committed to the Lord

As Solomon dedicates the temple, he prays to the Lord, ‘There is no God like you… You who keep your covenant of love with your servants who continue wholeheartedly in your way’ (8:23).
God’s own heart is for his people and he sees and knows the hearts of all people: ‘You alone know every human heart’ (v.39).
Solomon’s prayer recognises the fact that we fail. We sin. He does not say ‘if’ they sin. Rather he says, ‘When they sin against you – for there is no one who does not sin’ (v.46, see also Romans 3:23).
Thankfully, there is still hope. It is possible to have ‘changed hearts’ (1 Kings 8:47, MSG). It is possible for our hearts to turn back to God (v.48). He prays that God will ‘turn our hearts to him’ (v.58). God is full of mercy and forgiveness (vv.28,30,34,36,39,50). He relentlessly loves and he keeps his word (v.23, MSG).
The better you get to know God – his heart, his character and his love for you – the easier it becomes to obey him with all your heart.
Never settle for second best. As Solomon puts it, ‘Your hearts must be fully committed to the Lord our God’ (v.61). God wants you to walk before him with ‘integrity of heart and uprightness’ (9:4). The people determined to live like that and went home ‘joyful and glad in heart’ (8:66). Like the disciples, their hearts were full of joy.
We all have weaknesses and make mistakes. But God sees your heart. He loves you and approves of you. Be filled with his joy today.

Lord, my heart is turned towards you. Yet, you know how often I fail. Please forgive and have mercy on me. Thank you that you enable me to turn back to you each day. Thank you that you fill my heart with joy. Help me to follow you wholeheartedly today.
 
Pippa Adds

Proverbs 15:13

‘A happy heart makes the face cheerful…’
A smile does transform a face. It is hard to smile if life is tough. One thing that has always struck me when we have visited townships in Africa is the smiles on the children’s faces. They often have nothing, but still have the most beautiful smiles.
 
References

Acts of Paul 3, ‘The Acts of Paul and Thecia’, Paragraph 2, in J.K.Elliot, The Apocryphal New Testament (Oxford: Clarendon, 1993), p.364.
Unless otherwise stated, Scripture quotations taken from the Holy Bible, New International Version Anglicised, Copyright [emoji2398] 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 [emoji2398] 1993, 1994, 1995, 1996, 2000, 2001, 2002. Used by permission of NavPress Publishing Group.
 
NIKAONA MAITI ZAO KANDO YA BARABARA

Ilikuwa ni mwaka 1979, nikiwa nasafiri kutoka Dar es salaam kwenda Arusha. Sijui ilikuwaje, lakini ilitokea. Tuliondoka Dar es salaam saa 12:30 jioni. Wakati ule mabasi yalikuwa yakisafiri jioni na usiku, siyo kama siku hizi.

Nilikuwa nakwenda Arusha kwenye usaili kwa ajili ya ajira, nikiwa ndo kwanza nimemaliza kidato cha nne. Niliajiriwa moja kwa moja serikalini, kwani siku zile ajira zilikuwa ni za kumwaga. Hata hivyo, sikulizishwa na kazi niliyokuwa nafanya, hivyo niliomba kazi kwenye kampuni moja kule Arusha na niliitwa kwa usaili.

Tulifika mji unaoitwa Korogwe, ambao wakati ule ulikuwa ndiyo mji maarufu kwa hoteli zake katika barabara yote ya Segera hadi Moshi na Arusha. Tulipofika Korogwe, basi lilisimama kwa ajili ya abiria kupata chakula. Niliingia kwenye hoteli moja ambayo nakumbuka hadi leo kwamba, ilikuwa ikiitwa Bamboo. Niliagiza chakula na kula haraka kutokana na muda mfupi wa kula uliotolewa na wenye basi la TTBS ambalo ndilo nililosafiri nalo.

Wakati wa kulipa ndipo niliposhangaa na kuogopa. Niliingiza mkono mifukoni na kukuta kwamba, sikuwa na hela. Nilianza kubabaika na mwenye hoteli alisema hawezi kukubali ujinga huo. “Abiria wengine wahuni bwana, anakula na kujifanya kaibiwa, ukikubaliana nao kla siku hasara tu.” Mwenye hoteli alisema kwa kudhamilia hasa.
Kulizuka zogo kubwa, huku mwenye hotel akisema ni lazima anipeleke polisi. Ni kweli, alimtuma mmoja wa watumishi wake kwenda kituo cha polisi ili nishughulikiwe. Hapo hotelini kulikuwa na bwana mmoja aliyekuwa amekaa pembeni na mkewe na mtoto wao wakila. Yule bwana alipoona vile, alimtuma mhudumu mmoja aniiite. Niliondoka pale kaunta nilipokuwa nabembeleza na kuja kwa yule bwana.

Alikuwa ni kijana mtu mzima kidogo, mwenye miaka kama 50 hivi. Nilimsalimia na aliniitikia. Nilimsalimia mkewe pia. Yule mtu aliniuliza kisa cha vurugu ile na nilimsimulia. Aliniuliza sasa huko Arusha ningeishi vipi wakati wa usaili kama nilikuwa nimeibiwa fedha zote, na ningerudi vipi Dar es salaam. Nilimwambia nilikuwa napanga kuangalia namna ya kurudi Dar es salaam, kama huko polisi ningeaminika.
Kama mzaha, bwana yule aliniambia angenipa fedha za kutumia huko Arusha na nikirudi Dar es salaam, nimrudishie fedha zake. Nakumbuka alinipa shilingi 90 kwa ahadi kwamba nikirudi Dar es salaam, nimpelekee pesa zake ofisini kwake. Alinielekeza ofisini kwake, mtaa wa Nkurumah na kuniambia kwamba, ameamua kunisaidia kwa sababu, kila binadamu anahitaji msaada wa mwingine na maisha haya ni mzunguko.
Nilishukuru na kuondoka kukimbilia basini. Basi lilikuwa linanisubiri mimi tu. Nilipanda ndani ya basi na abiria wengine walinipa pole. Tuliondoka Korogwe, lakini haikuchukuwa muda kabla basi letu halijapata tatizo la pancha ya gurudumu moja la mbele. Ilibidi tuegeshe pembeni ili litengenezwe. Baada ya matengenezo, tuliondoka kuendelea na safari yetu.
Karibu na mji wa Same kwenye saa saba usiku, basi letu lilisimama ghafla. Abiria walisimama ndani ya basi na kulizuka aina ya kusukumana. Huko nje kulikuwa na ajali. Abiria tulishuka haraka na wengine huko chini walishaanza kupiga mayowe, hasa wanawake. Niliposhuka niliona gari ndogo nyeusi ikiwa imebondeka sana na hapo kando kulikuwa na maiti wawili.

Nilijua ni maiti kwa sababu, walikuwa wamefunikwa gubigubi. Halafu kulikuwa na katoto kalikokuwa kanalia sana, kakiwa kamefugwa kanga kichwani. “Tumwahishe huyu mtoto hapo Same hospitalini, ameumia, ingawa siyo sana”. Nilikatazama kale katoto ka kiume kenye umri wa miaka kama mitatu. Kalikuwa kameumia kwenye paji la uso, lakini kalikuwa hai. Bila shaka, wale walikuwa ni wazazi wake, kalikuwa yatima tayari. Machozi yalinitoka.

Baada ya kutoa msaada na askari wa usalama barabarani kuchukua maiti wale, tulipanda basini kuanza safari yetu. Kale katoto kalichukuliwa na jamaa fulani waliokuwa na Landrover ya serikali kukimbizwa hospitalini. Ndani ya basi mazungumzo yalikuwa ni kuhusu ajali ile tu, hadi tunafika Arusha. Tulichelewa sana kufika Arusha kwani tulifika kwenye saa tano asubuhi, badala ya saa mbili.

Nililala kwenye hoteli rahisi na kufanya usaili kesho yake. Ni hiyo kesho, baada ya usaili, niliponunua gazeti ndipo nilipata mshtuko mkubwa ajabu. Kumbe wale watu wawili waliokufa kwenye ajali ile ya Same walikuwa ni Yule bwana aliyenisaidia hela na mkewe. Yule mtoto wao ndiye aliyeokoka. Niligundua hilo baada ya kusoma jina lake na jina la Kampuni aliponiambia nimpelekee fedha zake nikirudi Dar, pamoja na picha yake, mke na mtoto. Nililia sana kama mtoto.
Nilishindwa kujua ni kwa nini ilikuwa afe. Nilijiuliza ni nani sasa ambaye angemlea mtoto yule? Yalikuwa ni maswali yasiyo na majibu nap engine ya kijinga pia. Nilijua kwamba, nilikuwa na deni, deni la shilingi tisini zilikuwa ni sawa na shilingi laki moja za sasa. Kwa mara ya kwanza sasa nilijiuliza ni kwa nini marehemu Yule aliniamini na kuamua kunipa fedha zile. Sikupata jibu.

Nilikata kipande kile cha gazeti la kiingereza kilichokuwa na habari ile. Nilichukua kipande hicho na kukiweka kwenye diary yangu. Deni, ningelipa vipi deni la watu? Nilijikuta nkipiga magoti na kuomba. Niliomba Mungu anipe uwezo wa kuja kulilipa deni la mtu yule mwema. “Kwa njia yoyote Mungu naomba uje uniwezeshe kulilipa kwa sura na namna ujuavyo wewe. Nataka kulilipa ili nami niwe nimemfanyia jambo marehemu.”

Niliomba. Nilirejea Dar es salaam siku hiyohiyo.
Kwa sababu ya mambo mengi na hasa baada ya matokeo ya usaili ule kuwa mabaya kwangu, nilijikuta nimekuwa na mambo mengi na kusahau haraka sana kuhusu mtu yule aliyenisaidia. Nilifanikiwa hata hivyo kupata nafasi ya kwenda kusoma Chuo cha Saruji na baadaye chuo cha Ufundi na hatimaye nilibahatika kwenda Uingereza. Mwaka 1991, nilianza shughuli zangu.
Ilikuwa ni mwaka 1995, nikiwa ofisini kwangu pale jengo la Nasaco, ambalo liliungua mwaka 1996.

Nikiwa nafanya kazi zangu niliambiwa na seketari wangu kwamba kulikuwa na kijana aliyekuwa anatalkka kuniona. Nilimuuliza ni kijana gani, akasema hamjui. Nilimwambia amruhusu aingie. Kijana huyo aliingia ofisini. Alikuwa kijana mdogo wa miaka 17 au 18 hivi, mweupe mrefu kidogo. Alikuwa amevaa bora liende, yaani hovyohovyo huku afya yake ikiwa hairidhishi sana.
Nilimkaribisha ili mradi basi tu, kwani niliona atanipotezea bure muda wangu. Ni lazima niwe mkweli kwamba, sikuwa mtu mwenye huruma sana na nilikuwa naamini sana katika watu wenye pesa au majina. Nilimuuliza, “nikusaidie nini kijana na ukifanya haraka nitashukuru maana nina kikao baada ya muda mfupi.” Nilisema na sikuwa na kikao chochote, lakini nilitaka tu aondoke haraka.
“Samahani mzee, nilikuwa na shida.

Nina..nimefukuzwa shule na sina tena mtu wa kunisaidia kwa sababu…Nime…nko kidato cha pili na hivyo natafuta tu kama atatokea mtu…”
Nilimkatisha, “sikiliza kijana. Kama huna jambo lingine la kusema, ni bora ukaniacha nifanye kazi. Hivi unafikiri kama nikiamua kumsaidia kila mtu aliyefukuzwa shule, si nitarudi kwetu kwa mguu! Nenda Wizara ya Elimu waambie…Kwanza wazazi wako wanafanya kitu gani, kwa nini washindwe…Kwa nini walikupeleka shule ya kulipia kama hawana uwezio, wanataka sifa?”
“Hapana wazazi wangu walikufa na ninasoma shule ya serikali. Nimekosa mahitaji ya msingi na nauli ya kwendea shuleni. Nasoma shule ya Kwiro, Morogoro. Shangazi ndiye anayenisomesha, naye ana kansa hivi sasa hata kazi hafanyi…” Alianza kulia.
Huruma fulani ilinijia na nilijiambia, kama ni nauli tu na matumizi ni kwa nini nisiwe mwema, angalau kwa mara moja tu. “Baba na mama wamekufa lini?” Niliuliza nikijua kwamba watakuwa wamekufa kwa ukimwi, maana kipindi kile ndipo fasheni ya ukimwi ilipoanza, ambapo kila anayekufa alihesabiwa kwamba kafa kwa ukimwi.
“Walikufa kwa ajali nilipokuwa mdogo sana, nilipokuwa na miaka mitatu. Ndiyo shangazi yangu alinichukua na kunilea hadi sasa anakufa kwa kansa.” Yule kijana alilia zaidi.

Naomba niwaambie wasomaji kwamba, kuna nguvu fulani na sasa naamini kwamba, ziko nguvu nyingi ambazo huwa zinaongoza maisha yetu bila sisi kujua.
Kitu Fulani kilinipiga akilini paa! Nilijikuta namuuliza yule kijana. “Kwa nini umeamua kuja kwangu, ni nani alikuelekeza hapa na wazazi wako walikufa mwaka gani na wapi?” Yule kijana alisema “nimeona nijaribu tu kwa mtu yeyote ambaye anaweza kunisaidia, ndiyo nimejikuta nikiingia hapa, sijui…sikutumwa na mtu. Wazazi wangu walikufa mwaka 1979 huko Same na mimi wanasema nilikuwa kwenye ajali, nikaokoka. Niliumia tu hapa,” alishika kwenye kovu juu ya paji lake la uso.
Nilihisi kitu fulani kikipanda tumboni na kuja kifuani, halafu niliona kama vile nimebanwa na kushindwa kupumua. “Baba yako alikuwa anaitwa nani?” “Alikuwa anaitwa Siame…Cosmas Siame…” Niliinuka ghafla hadi yule kijana alishtuka. Nilikwenda kwenye kabati langu mle ofisini na kuchakura kwenye droo moja na kutoka na diary. Mikono ikitetemeka, nilitoa kipande cha gazeti kutoka ndani ya diary hiyo, nilichokuwa nimekihifadhi.
“Ndiyo, alikuwa anaitwa Cosmas Siame. Huyu ni mtoto wake, ni yule mtoto aliyenusurika.” Nilinong’ona. Nilijikuta nikipiga magoti na kusali. “Mungu wewe ni mweza na hakuna kinachokushinda. Nimeamini baba kwamba, kila jema tunalofanya ni akiba yetu ya kesho na kesho hiyo huanzia hapa duniani.” Halafu nilinyamaza na kulia sana. Nililia kwa furaha na ugunduzi wa nguvu zinazomgusa binadamu kwa analofanya.
Nilisimama nikiwa nimesawajika kabisa. Nilijihisi kuwa mtu mwingne kabisa. Nilimfuata yule kijana na kumkumbatia huku bado nikiwa ninalia. “Mimi ni baba yako mdogo, ndiye nitakayekulea sasa. Ni zamu yangu sasa kukulea hadi mwisho.” Naye alilia bila kujua sababu na alikuwa amechanganyikiwa kabisa. Nilirudi kwenye kiti na kumsimulia kilichotokea miaka 17 iliyopita.
Tuliondoka hapo na kwenda kumwona shangazi yake Ubungo, eneo la Maziwa ambako alikuwa amepanga chumba. Kutokana na hali yake nilimhamishia kwangu, baada ya kumsimulia kilichotokea. Huyu dada yake Cosmas alifurahi hadi akashindwa kuzungumza kwa saa nzima. Hata hivyo alifariki mwaka mmoja baadaye, lakini akiwa ameridhika sana.
Kijana Siame alisoma na kumaliza Chuo Kikuu na kwenda Australia kufanya kazi. Ukweli ni kwamba, ni mwanangu kabisa sasa. Naamini huko waliko Mbinguni wazazi wake wanafurahia kile walichokipanda miaka mingi sana nyuma. Lakini nami najiuliza bado, ilikuwaje Cosmas akanipa msaada ule? Halafu najiuliza, ni kitu gani kilimvuta mwanaye Siame hadi ofisini kwangu akizipita ofisi nyingine zote? Nataka nikuambie, usiwe mbishi sana bila sababu, kuna nguvu za ziada zinazoongoza matokeo maishani mwetu.
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kama umeguswa jaribu kuishare na rafiki zako waisome
COPIED
 
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