Reciprocal recognition of firearms licences

I am a businessman operating in Tanzania and Kenya. Last year I legally acquired a pistol in Kenya and want to come to Tanzania for Christmas and New Year festivals. Am I allowed to come with my pistol into Tanzania? Do I have to legally own it in Kenya to bring it to Tanzania?
SK, Kisumu

The Firearms and Ammunition Act, 2015 (the Act), allows reciprocal recognition of firearms licences issued in neighbouring countries. Section 13(1) of the Act, gives powers to the Minister responsible for home affairs, if he is satisfied that reciprocal provisions have been made by the Governments of the countries specified in  the Third Schedule or by any other foreign government for the recognition by or under the law in force in the said countries firearms licences granted under the Act, by Order declare that firearms licence or firearms certificate corresponding to firearms licence under the Act and issued under such law, on being endorsed by an authorised officer, have the same effect and validity in the United Republic as if it were a firearms licence granted under the Act.

Fortunately, Kenya is among the foreign countries specified in the Third Schedule to the Act. Therefore, what you need is to make an application to the authorized officer in Tanzania for endorsement on your Kenyan pistol licence and this will have the same effect and validity as if the licence was granted under the Act. Please note that you must have proper licences from Kenya to qualify for this. If not, the Act will not assist you. Hence if you are not legally owning the pistol in Kenya, you will not be allowed to bring it to Tanzania. Your attorney can guide you on the detailed process.

Forceful conduct of DNA test

I am in my fifth month of pregnancy and my husband is forcing me and the fetus to take human DNA tests. When I asked him to disclose the purpose of compelling me and the fetus to take human DNA tests, he told me that he wants to know if the expected child is his. I don’t want to take a DNA test and neither do I want the fetus to be subjected to a DNA test. Is my husband justified to force me and the fetus to take DNA?
CG, Dar

Section 45(1) of the Human DNA Regulation Act, 2009 (the Act) states clearly that the Human DNA test shall not be conducted on a pregnant woman unless the test is for medical purposes. Subsection 45(2) further states that a pregnant woman shall have rights and authority regarding samples for Human DNA taken from her for the purposes of the test referred to under subsection (1). Therefore, your husband is not justified to force you to take a human DNA test without your consent.

As regards to the fetus, section 46(1) requires collection of samples for Human DNA from an extra corporeal embryo or fetus for Human DNA test to be done for treatment purpose only and to be conducted under the direction of a medical doctor. The law is clear that any person who collects and analyses samples for human DNA from an extra corporeal embryo or fetus not for treatment purposes commits an offence. Again, your husband is acting illegally to force you to take a human DNA test for the purpose of ascertaining whether the expected child is his or not. Only the doctor can initiate taking human DNA of a fetus for medical purposes only. You can politely inform your husband accordingly.

Luggage detained for lack of valid ticket 

I was travelling by train from Kigoma to Morogoro to visit my brother. When we reached Tabora my brother called to inform me that he has been transferred to Dar es Salaam, thus advised me not to disembark at Morogoro but come to Dar es Salaam railway station where he would pick me up. On the way from Morogoro to Dar es Salaam a corporation officer passed our wagon checking the tickets and noted that my ticket was valid for a route from Kigoma to Morogoro. He wanted me to pay an extra fare and a penalty for travelling without a valid ticket. I told him the whole story and the fact that I had no extra money to pay. The officer confiscated my luggage unless I pay the extra fare and penalty. Was the officer justified in confiscating my luggage?
 KK, Kibondo   

The Railways Act, 2017, (the Act) bars a person to travel in a class of a passenger train higher than that for which he is in possession of a valid ticket; a passenger train beyond the place authorized by his ticket; or a person to travel in a passenger train which is not for that particular service. When a person travels in a train in contravention of these provisions, that person will be required to pay to the Corporation, on top of actual fare, the penalty of hundred percent of a fare.

Section 55(1) of the Act allows the Corporation to detain the cargo or luggage of a person who fails to pay any fare on demand. It states that where any person fails to pay on demand made by an authorised employee any fare, rate or charge due from him as a passenger or in respect of any goods, the Corporation may detain the whole or any part of such goods including the luggage of the passenger. Thus the officer was justified to confiscate your luggage for your failure to pay the extra fare and penalty.