"Fiat Justitia Ruat Caelum"

Kenyan national in court over 6.8 billion/- TCRA loss

BY KARAMA KENYUNKO

27th March 2014

Kenyan national Nelson Onyango (43) yesterday appeared at the Kisutu Resident Magistrate Court in Dar es Salaam charged with seven counts including fraudulent use of communication network, causing a loss of more than 6.8bn/- to Tanzania Communication Regulatory Authority (TCRA).

The prosecution side was led by Principal State Attorney Tumaini Kweka, accompanied by TCRA Senior Legal Officer Jonnes Karungura, State Attorney Mwanaamina Kombakono, and Inspector of Police Jackson Chinunda.

Reading the charges State Attorney Kweka alleged that the accused committed the offence contrary to section 122 (a) and (b), of the Electronic and Postal Communication Act of 2010  and its  Regulation 7 (1), (2), (a) and (b).

Before Resident Magistrate Devotha Kisoka it was alleged that on diverse dates between July 2010 and November 2013 at Kariakoo the accused unlawfully and with intention to avoid payments, transmitted international telecommunications traffic without a gateway license from TCRA. 

Kweka also alleged that on the same date and place the accused unlawfully operated international gateway telecommunications traffic without a licence.

He further claimed that between January and November last year at Kariakoo the accused used unregistered SIM cards with different numbers. 

Kweka claimed that on unknown date, the accused also imported communication equipment including SIM boxes without having a licence issued by TCRA.

On the fifth and sixth counts the accused is accused of installing, maintaining and using electronic communication equipments of four SIM boxes with different serial numbers and several HPs without having a licence issued by TCRA.

It was further alleged that between July 2010 and November 2013 the accused being unlicenced operator terminated getaway International Telecommunication Traffic by using unlicensed gateway thus causing pecuniary loss of 6,842,880,000/- to TCRA.

The accused pleaded not guilty and was remanded for failure to meet bail conditions which required the accused to deposit 3.4bn/- in court and have three sureties, one from a government institution, another one accepted by the court while the third surety was to sign a bond of 50m/-.

Kweka informed the court that investigation of the case has not been completed. The case was adjourned to April 8, this year for another mention.

SOURCE: THE GUARDIAN

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