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Kenyans Abroad React to Post-Election Violence in Kenya

By
Julia N. Opoti
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ST. PAUL, Minn.— In almost sub-zero degree weather over one hundred Kenyan-born Minnesotans gathered at the steps of the St. Paul State Capitol to speak against the violence in their country of birth.

The demonstrators were reacting to news that their home country, which has been a stabilizing force in the fragile East African region, was engulfed in ethnic violence that was likely to escalate.

The past few days have been some of the most violent in post-colonial Kenya. On Dec. 27, 2007 a historic number of Kenyans went to the polls to vote in their parliamentary and presidential elections. The election was peaceful with observers applauding Kenya for a mature expression of democracy. Tension in the country quickly rose as the Electoral Commission of Kenya (ECK) delayed announcing the presidential results.

The delay led to accusations by the main challenger, Raila Odinga, that the incumbent, Mwai Kibaki’s Party of National Unity (PNU) was purposely delaying the tally with intentions to rig the votes. The ECK, without investigating the claims of irregularities (PNU also accused Odinga’s ODM party of rigging), declared Kibaki the winner.

The announcement and immediate swearing in of Kibaki for a second term as president of Kenya led to riotous protests across the country. As Odinga contested Kibaki’s presidency, his supporters took to the streets demonstrating violently. The government immediately retaliated by deploying its paramilitary police unit known in Kenya as the GSU (General Service Unit).

The chair of the Electoral Commission of Kenya (ECK) has since admitted to irregularities in the electoral process angering Kenyans from all political affiliations. Both President Kibaki and Raila have taken a hard stance while both the local and international community have urged them to reconcile.

Violence
Although in the past Kenya has had its own share of  tribal conflicts, it is the first time ethnic violence has been nationwide.

Over 300 people have been killed in just four days, while close to 70,000 have been internally displaced. Hundreds more have crossed the border into Uganda seeking refuge, according to the Red Cross and other international agencies. Thousands of Kenyans are also said to be suffering traumatic stress. The ongoing violence has flared in many parts of the country, with Nyanza (Raila’s tribal home) being rocked by the most severe of these. The sprawling Nairobi slums of Kibera and Mathare have also been hit with serious clashes. Most of the rioters and looters have been young men who live in abject poverty, perhaps disillusioned by the system, both politically and economically.

Reaction from Minnesota
Siyad Abdullahi, a Kenyan community leader commenting on the election said “We are proud of Kenyans who showed up in record numbers to vote, however I am disappointed in the electoral process.” He urged Kenyans who had experienced democracy in the US, and knew its essence to speak out against the irregularities in Kenya.

Another community leader, Lillian Magendi called onto Kenyan leaders to “rise above self gratification.”

Many Kenyans are past tribal differences and political ideology.

“At this moment, I am impartial to politics. I don’t care whether Raila or Kibaki win. We need peace first then democracy. There can be no democracy if we do not have peace,” says Douglas Kimani.

Others like Josephine Manene whose family is suffering the consequences of the violence seek prayer in solving the Kenyan crisis: “We need divine intervention because when God intervenes nothing can stand in the way.” Manene’s father who is a business man in Matutu Settlement Scheme, close to Sotik, has had to close shop for fear of his life.

Mustafa Adan’s family is also going hungry. While there is no violence in Garissa where his family is located, Adan says transport of food from other parts of the country has affected the availability and price of food. “It is even impossible to get telephone credit,” he says.

Minnesota State Senator Amy Klobuchar sent a representative to show her support for the Kenyan people.

Kenya Community Abroad
In a press statement, KCA- a socio-political organization comprising Kenyans in the Diaspora as members— spoke against the post election violence: “KCA urges President Kibaki to salvage the country from degenerating into a basket case by agreeing to a re-run of the Presidential election. KCA believes this is the surest way out of this imbroglio.”

Kenyans in US cities have also held peace rallies: Houston, Dallas (more coverage on Dallas here), Washington DC and New York.

In Remembrance of Lucky Dube

By
helen
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A lot has been said and written of Lucky Dube over the past twenty five years of his musical life and career. The last couple of months have however been filled with shock, pain and immense sadness at the sudden death of the reggae legend.

Dube, who was senselessly murdered in Johannesburg in October, was an artist internationally revered and beloved. Entertaining, inspirational and a lyrical genius, Dube related messages of peace, social justice, crime awareness, politics and humanity through his twenty two albums. Popular and well known songs like "Slave,"  "Taxman," "Prisoner," "Feel Irie," "Victims,"  "Remember Me" and "Together as One," established Lucky as a popular and relatable artist, while his live performances reinforced him as an artist of, for and with the people.

Dube’s forty three years of life may seem short but they were years lived with purpose and a sense of truth. In his passing we cry, we mourn, we feel the sense of loss but, his music lives on.

Come celebrate Dube’s life on Sunday Dec. 30 at the Zuhrah Shrine Center, located at 2540 Park Avenue in Minneapolis. Charles Russell and myself will host the event. The concert will feature performances by SUNplugd, Innocent, Cross Atlantic Crew and Jarija Afro Reggae Band.

We miss you, we love you, we appreciate you Lucky Philip Dube. Rest in Peace….from all your fans.       

Voters React to OLM Electoral Process

By
Nelima Kerre - Mshale Staff Writer
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Brooklyn Center, Minn. – In many parts of the Twin Cities the first winter snow storm forced many Minnesotans to stay indoors and hibernate. But apparently, it would have to take more than snowy roads and ice cold weather to prevent nearly 2,000 Liberians from casting their votes in the OLM elections.

Brooklyn Center High School was a sight of sorts. The jam packed parking lot was too small. Motorists literally found a parking spot only when someone left causing traffic build up. No one lost their cool, though. From their cars men guided their elderly mothers towards the school and women carried their babies on their shoulders.
The election was truly a family affair. Weaving through the crowds of people once beyond the school doors required great dexterity. Volunteers were having a difficult time controlling human traffic, especially after 2 p.m when most of the people were coming from church.

The enthusiasm and energy was abundant. Candidates made last minute pitches and gave interviews, and voters voiced their opinions. While few voters were willing to openly disclose their candidate of preference, many talked about their reasons for voting.

“I am voting for someone who promotes peace – someone who promotes sharing and caring,” said Lillian Grieh.

A great majority of the voters said they were glad to have a voice and thus did not want to waste the opportunity.

Reactions to the electoral process were mixed. Seyon Nwanleh, director of the Amon-nue Sports and Social Association (ASSA, Inc) commended the Electoral Commission for all its hard work regardless. As a show of support his organization ASSA, together with Africa Health Action donated water and snacks to the commission.
Others were not so pleased.
“The voting process has been too long, there is no organization!” lamented Ophelia Mathis, who has been a Minnesota resident for 17 years and voted at almost every OLM election since she has been here.

Twelve-year Minnesota resident and immigrant and refugee project specialist, Patrick Kugmeh echoed Ophelia’s sentiments. “The problem with the ballots is that
there is no indication as to how many people you can vote for. If many people do the wrong thing their ballot is null and void and their time here has been wasted!” he complained.
“Next time the electoral commission needs to have some sort of voter’s education,” suggested Kugmeh.

The chairman of the electoral commission, Francis Zazay, acknowledged that there were some challenges during the electoral process, but was generally proud of the work his group of nine members and twelve volunteers had accomplished, given the time they had for preparation.
“Last elections they had five months to prepare for the elections, but this time we did everything in two and a half months and as a result ended up with a much smaller hall” he explained. “We could not move the election date because the constitution does not permit it” he added.

The commission also intended to request permission to use the county voting booths, but was not able to pull through with that idea due to time constraints.

He said he hoped next time the board of governors will offset the electoral process within the required time frame which is six months before the next election.

Touareg Band Serves Music of ‘Proudest People on Earth’

By
Susan Budig
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MINNEAPOLIS – Their music, played on a handful of electric guitars and one bongo drum, is as arresting as their costume. On a Saturday evening, shortly after 8 o’clock, six tunic-clad and turbaned musicians troop across the Cedar Cultural Center’s stage and with a brief “bonsoir,” launch into their unique sound.

They call themselves Tinariwen, which is the Tamashek plural for desert or open space. An open space is how they insisted the Minneapolis based Cedar arrange themselves for their show on Nov. 16. All the chairs have been stacked and put away save for a few short rows on either end of the large dance floor in front of the stage.

The band wanted an audience that could move about and respond fluidly to their trance-like music. People-watching is particularly interesting this evening.
With over 300 tickets sold before the show opened, the hall, one of the smallest venues Tinariwen has ever played, is very full. Many more tickets are sold at
the door.

Most attendees, it seems, are not familiar with the idea of free-style movement. At least, they don’t participate beyond a sheep-like nodding of their heads and sporadic bouncing on their heels. But there are a few inspired souls who writhe like snakes in the throes of death.

Tinariwen identify themselves as “the ambassadors of one of the oldest and proudest people on earth” – the Touareg. These nomadic peoples had formerly populated much of the northern Saharan desert, but found their land artificially divided when, following the independence of African countries in 1960, the modern nations of Niger, Mali, Algeria, Libya, and Burkina Faso were created.

The music this night suggests the landscape that is their home: constant, mesmerizing, and spare of ornamentation. One song blends into the next with an occasional ripple in the river of music that comes in the form of volume variation or solo riff of a guitar. Sometimes one of the guitarists leads the audience in an arrhythmic clapping that yet resembles a pattern. The end of the songs comes abruptly like the turning off of a faucet.

About thirty minutes into their single set, one guitarist begins chanting a song reminiscent of French rap, which proves to be very popular with the crowd. Up until now, the songs have been sung in the indigenous language of the Touareg—Tamashek.

Tinariwen says that they play their music to teach others about the beauty of their desert home and the strength and dignity of the nomad and his way of life. Although most in the audience cannot understand the words, we see their beautiful clothing, embroidered with rich, colorful threads and eye their handsome headwear with curiosity and admiration.

Forty-five minutes into the show, the band plays their most irresistible number, yet. Many in the audience begin mimicking the initial serpentine dancers as the drummer and bass player help the dancers along. Immediately following this piece, they perform a song flavored with the influences of Carlos Santana with whom they performed at the Montreux Jazz Festival in 2006.

Tinariwen also sings about the problems of poverty, oppression and lack of development which continue to hamper their progress in the desert. In fact, on their Web site they list the political evolution of their lands since the late 1800s. Their music is driven, like sand, speaking of the plight of their people.

The mostly-white crowd listening to this band from the Saharan desert, while physically reserved, shows their enthusiasm by applauding loudly after each song. Surprisingly, after barely an hour of performance, the band retires to the green room. Startled, the audience thunders their applause until the band returns for two more short encores.

USCIS Announces New Naturalization Exam

By
Igbanugo Partners International Law Firm
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On Sept. 27, 2007, U.S. Citizenship and Immigration Services announced the 100 questions and answers that comprise the civics component of the new naturalization test. The new test will be administered beginning in October 2008 to all citizenship applicants.

The 100 new civics items on the new test were selected after USCIS, a panel of history and government scholars, and English as a Second Language (ESL) teachers conducted a thorough review of the responses to the 142 items on the pilot test. According to USCIS, the revised naturalization test will help strengthen assimilation efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship and will also promote patriotism among perspective citizens.

The purpose of the revision is to increase the range of acceptable answers to questions so applicants can learn more about a topic and select from a wider range of responses. For example, one of the new questions that allows for a range of answers, is “What is one power of the federal government?” Another example is “What is one right or freedom from the First Amendment?”

USCIS posted the 100 new questions and answers on their website at www.uscis.gov/newtest.

For those who are eligible and interested in becoming a naturalized U.S. citizen, the following is a brief overview the process:

What are the requirements to become a Naturalized Citizen?

-Applicant must be at least 18 years old at the time of filing;

-Applicant must have five years of continuous residence as a lawful permanent resident in the United States;

-An absence from the United States of longer than one year breaks the continuous residence requirement.

-An absence of six months or less does not break the continuous residence requirement.

-An absence of more than six months but less than one year raises a rebuttable presumption that the applicant abandoned their lawful permanent resident status. The burden shifts to the applicant to demonstrate that the continuous residence requirement has been met.

Exceptions

Persons married to U.S. citizens must reside in the United States for three years instead of five. The couple must be married and living together for the entire three years and the U.S. citizen spouse must have been a U.S. citizen throughout this period of time.

A person granted lawful permanent resident status through a Violence Against Women Act (VAWA) self-petition can apply for naturalization based on the three-year continuous residence requirement. This applicant is exempt from the marital residence requirements.

-Applicant must reside within the state or USCIS district where the application will be filed for at least 90 days prior to the filing of the application;

-Applicant must be physically present in the United States for at least one half of the total required period of continuous residence;

-Applicant must be a person of good moral character;

-Applicant must pass an English and Civics exam.

How do I apply?

The applicant must file a Form N-400, Application for Naturalization, with the appropriate USCIS Service Center, along with the filing fee of $675, along with 2 passport-style photos and a copy of their lawful permanent resident card.

Several other documents may be required depending on your case. If you have questions, you should consult with an immigration attorney.

After USCIS receives an applicant’s Form N-400, a receipt notice is issued assigning the case a specific identification number.

Next, USCIS will issue a fingerprint appointment notice to the applicant. The applicant must appear at a local Application Support Center at the designated day and time for fingerprinting.

The applicant will receive an interview notice indicating that the applicant should appear at the local USCIS office for his or her naturalization interview. Currently, naturalization applicants are receiving notices that they have been scheduled for an interview three months after filing.

What happens at the Interview?

At the interview, the USCIS officer will review the applicant’s Form N-400. The officer will verify all of the information provided to USCIS as well as verify whether the applicant wishes to change his or her name.

The officer will ask a series of questions regarding the applicant’s eligibility and desire to become a U.S. citizen (found at pages 8-9 of the Form N-400).

Once the application is reviewed, the officer will conduct the Civics and English exam. The Civics exam consists of 10 questions (either oral or written). The applicant must get 6 out of 10 correct to pass. The English exam consists of reading one English sentence aloud and writing one English sentence. Upon successful completion of the exam, the officer will indicate whether the applicant’s case will be referred for approval and provide information on the scheduling of an oath ceremony.

The Oath Ceremony

The oath ceremony is where the applicant becomes a naturalized U.S. citizen by taking the oath of allegiance. Typically, the oath ceremony is scheduled two to three months after a successful interview.

After the oath ceremony, the applicant will receive his or her Certificate of Naturalization evidencing that he or she is a U.S. citizen. The Certificate of Citizenship can be used to apply for a U.S. passport through the U.S. Department of State.

Linyenkula’s “Festival of Lies” An Indictment of Corruption

By
Susan Budig
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Faustin Linyekula’s much anticipated show, “Festival of Lies,” performed at the Cedar Cultural Center over the first few days of November went far beyond the usual parameters of performing art.

Staged at a venue that normally hosts only musicians playing to a sometimesdancing audience, Linyekula’s recreation of a Kinshasa social club took the audience on a cultural trip to the Democratic Republic of Congo.

Linyekula and his troupe, Les Studio Kabako, reenact their country’s tradition of gathering together for an evening of revelry and an exchange of fabricated stories, or lies, designed to make sense or mirth out of the chaos and violence that is their reality.

The myriad components of the evening included a modified arena stage for the dancers, placing the audience on opposing sides as if at a tennis match. On the south side of the stage, Togoborn Yawo Attivor stood with his soukous band and opposite Yawo sat the sound board and other technical crew.

Further unique measures were used to stage this multi-media presentation. The voices of former DRC rulers Joseph Mobutu and Laurent Kabila speaking in French were heard over the intercom. Also heard was Nelson Mandela. Their words were projected on screens in translated English above the bedazzled audience.

These political voices alternated with words spoken by Linyekula and members of his dance troupe, as they read from a member of the cast, Marie-Louise Bibish Mumbu’s, “Mes Obsessions: j’y pense et puis je crie!”

The perimeter of the dancing space was dotted with intimate tables each seating one or two couples. The ambiance was further developed with a food vendor, provided by Tam Tam’s African Restaurant and the liquor stand hosted by the Cedar. Small pots of colored candlelight glowed on each table, finishing the effect of a storytelling evening as if we were seated at a sidewalk café in the capital city of Kinshasa.

The doors of the Cedar open at 8p.m on Nov. 3 with a scheduled performance at 9p.m. Shortly before performance a few people are already dancing to Yawo’s music and the bleacher seating is filled to capacity.

Threading his way amongst the audience, Linyekula winds between tables and guests, taking pictures with a digital camera. He even climbs up on stage to get close shots of the band. Then he zeros in on Phillip Bither, senior curator for Walker performing arts and instrumental in bringing Linyekula’s work to Minnesota.

Pictures taken, Linyekula then picks up lighted shop-lights and carries each one around the dance area, randomly setting it down. The first words he addresses to the audience tells us that what we are about to see is all fiction, that is, it is unreal, implying not the work itself, but the “fact” that we are seeing it. It’s an illusion. So begins the Festival of Lies.

He gestures to the band and refreshments saying, “In Congo, there is no support of the arts, so we serve food and drink (to support ourselves). It’s a part of our structure, survival.”

In a country torn by internal strife, ravaged by disease, particularly AIDS, and enduring civil wars in countries around them resulting in an influx of refugees this lack of artistic support comes as no surprise.

What could be considered surprising is the positive reaction of his own countrymen when Festival of Lies has been performed in DRC. According to Virginie Dupray, manager of Studio Kabako, Festival of Lies is one of Faustin’s most performed works in Congo. It’s been performed in Kinshasa, the main city and also in the Katanga Province in the villages of Lubumbashi, Kolwezi and Likasi, which is in the southeastern part of the country.

“We performed it in various venues: on stage, but also outdoors in courtyards, public gardens and even in an unused and empty swimming pool,” Dupray says.

Dupray adds that although the form of the message might be challenging to a Congolese audience that is not used to contemporary performances, “most of the Congolese viewers are very familiar to the historical contexts. They know by heart Mobutu’s quotations; reciting them at the same time. There is a real sense of familiarity with what is performed on stage, a sense of proximity that is really looked after by Faustin.”

Linyekula insists that his work is not political, but reflective of his environment. His country’s history informs his work, but his work does not condone nor condemn his country. Nevertheless,the words that Linyekula chooses to highlight are an indictment by themselves.

The past corruption of the Congo’s government is plain for us at the Cedar to see in the fragmented sentences exhibited to the audience. Although there is no structured discussion of the dance installation after the Cedar’s show, when the work was performed in Congo, “Each performance gave rise to lot of discussions and questions about the sense of history, the message Faustin wanted to convey,” says Dupray.

Midway through the dramatic installation Saturday evening in Minneapolis, Linyekula invites us all to imbibe.

“My drama has perhaps been too serious because you are all still sitting in your seats,” he says, laughing and encouraging us to partake in the festivities of the evening.

By 11:30p.m the second half of the show begins with Linyekula arranging the shop-lights on the floor as if building a ladder. Then wearing only briefs, we watch as he crawls through the lights, his muscled body contorting like a serpent. His body is an exquisite study in form, the dream-model for an illustrator’s of Gray’s Anatomy of the Human Body. We see every movement of his striated fibers.

A lament that is universal, but perhaps very poignant for the Congolese in their decimated country, is read by Tish Jones, one of the local performers toward the end of the show. She cries out, “Are you listening to me? You don’t even hear a word I am saying.

Immunizations for Your Child: What you need to Know

By
mshale29
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It may seem like you or you child are getting a lot of vaccinations, but vaccines are a very important part of protecting your children and yourself from some very serious diseases. Anyone who has seen a person die from a disease that could be prevented by a vaccine knows how important immunizations are. Both children and adults need certain vaccines. In this issue vaccines given to children will be discussed. Next issue will include vaccines given to teens and adults.

Immunizing your child is one of the most loving things you can do. Shots work. Shots are safe. They have very few side effects. The benefits far outweigh any risks.

Be sure to get shots at the right ages. Kids need most of their shots by 2 years of age. Shots work best at these ages, but if your child is behind, you can get them caught up.

Most of the time, it is okay to go ahead with vaccination even if your child has a cold, earache, diarrhea, or is on antibiotics. It is okay for a baby to receive several shots at the same time. It helps the immune system to grow stronger.

Remember to carry a shot record card for each child. You will need them for the doctor, child care, Head Start, school, camp, and even college. Also, any immigrant hoping
to become a legal resident must provide proof of immunization to the Department of Homeland Security. Some vaccines are very costly, so keeping records will ensure
you do not have to take them over again.

If you are looking for more information about the diseases and the vaccines that prevent them, check out the Vaccine Information Sheets. They have translations available in many languages. The website is: www.immunize.org/VIS.

Diaspora Conference to Focus on Kenyan Education Reforms

By
Edwin Okong'o - Mshale Contributing Editor
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Professionals, educators and government offi cials will convene in Dallas on Dec. 14 to discus how best to change the system from “know what” to “know how.”

If you went to school in Kenya, chances are that the sweet little story about Isaac Newton watching an apple fall from a tree was not told until you were in high school. And when that part of the story ended and your Physics
teacher started to talk about calculating the force of gravity, he probably pounded you on the head if you were
too slow to learn the equations.

At around the same time, you were also introduced to Chemistry and Biology. All three subjects, however, had
one thing in common with mathematics, which you had been learning since the fi rst year of primary school: No one
explained to you why you had to learn them. No one told you, for instance, that if you developed an understanding
of those sciences you could invent, say, a cure. So you crammed formulae into your brain, memorized the anatomy of
grasshoppers, passed exams – or not – and got out.

Dr. Macharia Waruingi, a Kenyan-born neurologist based in Boston,Mass., calls that the “know what” system of education, and he says it is one of the obstacles impeding progress in Africa.

“The most shocking example is in Kenya,” Dr. Waruingi says. “Kenya knows more about malaria than anybody in the world, yet the mortality is very high.”

The “know what” education is the reason Africa has doctors who went medical schools, but can’t perform procedures, and engineers who know everything about cars, but can’t build one, Dr. Waruingi says.

And that is why Kenyan professionals,entrepreneurs and government officials will gather at the Hyatt Regency at
300 Reunion Blvd W in Dallas, on Dec. 14 for a three-day conference to discuss how best to translate that “misused
education” into innovation. To turn the “know-what” into the “know-how,” according to Dr. Waruingi. The event
will be part of the seventh convention of the Kenya Development Network Consortium, on whose board he serves
as the executive director.

Dr. Makori Osoro, another Kenyan-born physician based in Dallas, agrees with Dr. Waruingi that there is a need
for radical reforms in Kenya’s education system.

“Our education system is meant to train people to be employees,” Dr. Osoro says. “We want to turn that
mentality around and teach people to become self-employed and employers.”

Dr. Osoro says the reform campaign has to start abroad because Kenyan citizens in the Diaspora have had the opportunity to see things done differently.

“We have been to colleges and universities outside Kenya and have seen different ways of doing things,” he says.
“That is an advantage we are ready to share.”

One area where Kenyan doctors in the Diaspora could help is in the control of the spread of HIV/AIDS, an area
where Dr. Osoro says “the stats are horrible.”

“It’s true that AIDS is on the decline in Kenya, but that is because people are dying,” Dr. Osoro says.

Dr. Osoro blames the AIDS deaths on the ineffectiveness of the plans put in place to eradicate the pandemic.

“One of the most shameful things is that the plans are developed in the West without input from Africans, or regard to how people would be impacted,” he says.

Dr. Osoro says the KDNC convention will be an important step toward involving Kenyan professionals who know much about their country. Some of the issues that will be discussed at the conference include a proposition to
come up with a way for Kenyans abroad to buy health insurance for their relatives at home.

Both Dr. Waruingi and Dr. Osoro acknowledge that reforming Kenya’s education system is no easy task. It will need the support of the government both financially and logistically. That alone may not be enough considering
Kenya, a country of more than 36 million people, has a GDP of only $20 billion. But Dr. Waruingi says the private
sector can help.

“Companies like Kenya Breweries have a lot of money but they are still operating the old fashion way,” Dr.
Waruingi says.

Such companies can be persuaded to fund research in universities, as do corporations in the West, he says. Already, Diaspora-based Highland Tea Company and Equity Bank, Kenya’s fastest growing fi nancial institution, have shown interest, Dr. Waruingi says.

How to Avoid Getting Burned When Buying a Business

By
Henry Ongeri
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Mary Mkisii is a citizen of Liberia who has lived in the United States under a Temporary Protected Status (TPS) since 1993. During her stay in Minnesota, she has earned a nursing degree, bought a home and raised three beautiful daughters. A friend approaches her with a business proposal: an auto repair garage across the street is on sale for a “bargain $200,000.” Would she like to buy it?

The garage’s current owners are reportedly selling the business because they are moving out of state. The garage is registered as a Minnesota S-Corporation for federal
income tax purposes. The friend insists that unless they close soon, “someone else may grab it.” Though hesitant at first, Mary is considering the offer after the owners
showed her QuickBooks reports with $500,000 in annual sales. She is tempted to dip into her 401k Plan and savings to raise the 25 percent down-payment.

Understandable Dilemma

Right off the bat, Mary is well advised to consult a competent and knowledgeable business attorney and certified public accountant (CPA). While buying an existing business appears like a great alternative to starting from scratch, many dangers abound. Even for experienced entrepreneurs, this can be tricky, let alone the nightmare it is for novices like Mary.

Her dilemma is perfectly understandable: by buying the garage as quoted, would she be making a catastrophic mistake or giving herself a shot at untold
wealth through entrepreneurship?

Small business owners often pay too much or even worse, buy nothing. It’s painful watching your life savings disappear into a bottomless pit that you did not dig. When it comes to buying a business, question, doubt and verify. Mary has 200,000 reasons for wanting to know what she is getting into.

Ask Basic Questions

To avoid potential disappointment, potential buyers of businesses should, at a minimum, ask the following basic questions:
 What is she buying? Mary has to figure out exactly what is for sale – is it the entity itself or just the assets of the garage or both? There are different ramifications
for depending on the answer to this question. Put simply, buying from a sole proprietor is not the same as buying the assets of a limited liability company (LLC) or
acquiring stock of a corporation. As this can be convoluted, engendering significant tax and legal implications, be sure to consult an attorney.

 Why is the business on sale? Mary should investigate independently if possible, why the owners are selling the business. The real reason may differ from what they are telling her. Always remember that anyone would be unwilling to get rid of a source of income unless they had to. Dig deeper to find out why they are doing it.

 Is there a business? It is critical for Mary to determine if the garage is worth the asking price or anything at all. Look at all financial and other data to determine if
indeed, there is a business. A good business would generally be well run and managed, show a growth trend, have a profit motive as well as documentation to back these up. At a minimum, buyers should demand to review audited financial statements for at least 3 years or tax returns filed with IRS. If you need help analyzing
the viability of the enterprise, contact a knowledgeable professional. The fee will be well worth it. Mary should not be content with the financial information furnished
by the current owners.

Valuing the Business

Valuing a business is not a guessing game, it is a semi-science complete with empirical data, knowledge of market trends and financial projections. Do not pay the purchase price just because the owner asks. To arrive at the value for instance, Mary needs to determine the fair market value (FMV) of inventory, current sales, expenses, assets and liabilities and the expected profitability of thenew venture. It is not uncommon for a seller to paint a misleadingly rosy picture of the business just before the FOR SALE sign goes up.

Even for successful businesses, it may be that the owner’s charm, family or experience was responsible for the success. Unless you have similar personal attributes, your purchase may go up in flames. Pay even closer attention to owners purporting to tack so-called “goodwill” to the purchase price. This is a complicated intangible that seldom applies to small, struggling businesses. Mary should be careful if the garage owners attempt to collect more than the verified value of the business.

To obtain professional business valuation services, contact the American Society of Appraisers (www.appraisers.org) 1-800-ASA-VALU or a reputable CPA firm.

 Is the business a good fit for her goals, professional or otherwise? Often overlooked is the reason why the buyer is interested in the particular venture. Is auto business her passion or is it just because the garage is a couple of blocks from her house? Since she is trained as a nurse, what career adjustments would be necessary to profitably run the new venture? This would be an apt time for Mary to review her business plan with regard to operations and management of the garage after purchase.

Beware of Hidden “Timebombs”

 What hidden pitfalls should she belooking out for? We always advise our clients to assume that there are problems even before they see any. Some businesses
on sale are potential minefields, sure fast tracks to bankruptcy or financial ruin. With due diligence, one should be able to determine if a business has undisclosed
outstanding liabilities such as rent, wages or benefits or pending lawsuits or claims. Be certain that some disgruntled employee or customer is not readying
themselves for a lawsuit as you sign the Purchase Agreement.

 Other Legal Issues: Buying a new business raises numerous tax and legal issues. For instance, as a non-resident alien, Mary cannot become a shareholder in an S-Corporation per US federal tax law. Ownership of S-Corporations is restricted to US citizens or residents. She cannot buy stock in the garage. An option for Mary would be to just purchase the assets and then transfer them to an entity that she sets up. Additionally, buyers should investigate the businesses’ patents and copyrights,
any long-term contracts, licenses or zoning requirements.

At the end of the day, buying a business is no different from buying a used automobile. You would not cough out the sticker price without looking under the hood, examining the odometer or even having a mechanic check it out, or would you?

Should You File a Tax Return?

By
Chuck Chuckuemeka
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0

You must file a tax return if your income is above a certain level. The amount varies depending on filing status, age and the type of income you receive.

The IRS uses the following income thresholds to determine whether you must file a federal income tax return for 2007.

Single Taxpayers
If you expect to file a single return, the IRS requires you to file a return for 2007 if your gross income for the year is at least: $8,750 if you are under age 65. $10,050 if you are at least age 65.

Married Filing Jointly
For married persons filing jointly, you are required to file a return if gross income for 2007 is at least: $17,500 if both of you are under age 65. $18,550 if one of you was at least age 65. $19,600 if both of you were at least age 65.

If you are not living with your spouse at the end of the year or on the date that a spouse should die, the IRS requires you to file a return if your gross income is at least $3,400. Each personal exemption in 2007 is worth $3,400. Married filing separately. For married persons filing a separate return, no matter what age, you must file a return if gross income is at least $3,400.

Head of Household
For persons filing as head of household, you must file a return for 2007 if gross income is at least: $11,250 if under age 65. $12,550 if at least age 65.

Qualifying Widow or Widower
For persons filing as qualifying widow or widower with dependent child, you must file a return for 2007 if gross income is at least: $14,100 if under age 65. $15,150 if at least age 65.

Even if you don’t earn this much income, other situations exist to determine whether you must file a tax return. For example, a dependent has to file a return for 2007 if they received more than $850 in unearned income or more than $5,350 in earned income. Other situations include:

You Owe Certain Taxes
If you owe FICA or Medicare taxes (also called payroll taxes) on unreported tip or other reported income that were not collected, you must file a return. You must also file a tax return if you are liable for any alternative minimum tax. You must also file a return if you owe taxes on individual retirement accounts, Archer MSA accounts or an employer-sponsored retirement plan.

Advance Earned Income Tax Credit Payments
The Earned Income Tax Credit is a federal income tax credit for eligible low-income workers. The credit reduces the amount of tax an individual owes, and may be returned in the form of a refund. If your receive advance payments for the earned income credit from your employer, you must file a return.

Self-Employment Earnings
If your net earnings from self-employment are $400 or more, you must file a return.

Church Income
If you earn employee income of at least $108.28 from either a church or qualified church-controlled organization that is exempt from employer-paid FICA and Medicare taxes, you must file a return.

 

Tanzanian Filmmaker Kibira Making “Bongoland” Sequel

By
Swallehe Msuya
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1
Tanzanian Filmmaker Kibira Making “Bongoland” Sequel

Up-and-coming Tanzanian moviemaker and Minnesota resident, Josiah Kibira, is working on finishing touches for his third movie shot on location in his country of birth. The title of his movie is “Bongoland II,” which he describes as being about “looking at us (Africans)in our own backyard.”

“We are questioning how we do things and why we accept things the way they are just because someone is afraid to scream –‘the emperor is naked,’” says Kibira.

His first movie was “Bongoland” and his second movie was “Tusamehe,” the first being on problems that Africans face when migrating to America and the second one was an educational film on HIV/AIDS.

Last summer, Kibira traveled to Tanzania with a strong contingent of film technicians wielding a $7,000 High Definition camera purchased by his Director of Photography, Sam Fischer. Kibira’s film crew was accompanied by a group of seven American students from the University of California, Los Angeles, who joined him for an internship on film-production.

Faced with a staggering hard to raise budget of $ 30,000 for the project, Kibira was lucky to find a Tanzanian filmmaker Musa Kissoky of Sofia Productions, who gave him two vans to use for free and opened his shop for the film crew.

“He was like a surrogate brother looking up for us the whole time we were there,” Kibira says. Kibira also discovered longtime professional actor, Mzee Kipara, a household name in the acting circles having made his mark out of many years of creative radio plays aired by Radio Tanzania. He also teamed up with Gervais Kisiga, a student from the University of Dar es Salaam, who has already produced one movie as film director and was “casting director for this movie responsible for pulling talents of best actors from the university and elsewhere.”

What was Kibira’s greatest challenge in carrying out this project? “In one word I would call it logistics,” he answers. “Calling the actors about where they need to be next day and what they should wear and how they will get there. All this was to be done by my assistant director who does not speak Swahili and does not know the city (Dar es Salaam). So, it defaults back to me being on the phone all the time, translating for my assistant director and conveying the information to the cast.”

Kibira sees movie making as “a personal mission, a passion of mine and rain or shine we [I] will head forward for as you know we are lagging behind in Swahili movies.” His goal is to produce few but high quality movies with a message that his audience can identify with.

“There is more emphasis in mass production and less emphasis for quality,”Kibira says. “This has been the formula for countries like Nigeria. I am of the opinion that if our films are of greater quality, they should appeal to all humans … across the board. This way we can all share our stories with the rest of the world.”

Beyond “Bongoland II,” Kibira plans to make a movie with his Kenyan counterparts. He says this is the way forward to “expand our reach across the border.” Currently three of his Kenyan teammates are working on a story for the next movie.

He adds reassuringly, “After that movie from Kenya, we may revisit Tanzania again and pursue a movie about Julius Nyerere.”

Kibira supports the use of Swahili as Africa’s lingua franca. “We need a lot of support from policy makers. Making Swahili a lingua franca of Africa is huge step in the right direction,” he says. “People outside Africa are forced to see the magnitude of the language. As you know Swahili is spoken by over 100 million people in the
world and our focus have primarily been the people of Tanzania, but now we are looking beyond our borders.”

Kibira says African governments have a duty to support these efforts by funding the arts and performance institutions so that people have well trained experts who can preserve the respective countries’ cultures.

Kibira credits the United States Embassy in Tanzania, whose acknowledgement gave his second movie recognition in the Pan African film festival and organized for its screening to be seen by the people of Tanzania. “Tusamehe” was shown by the embassy to media practitioners,leaders of non-governmental organizations and a selected audience of policy makers and the general public.

Regrettably, notes Kibira, “even after the Dar es Salaam embassy screening of our movie, there was no official word from the government (of Tanzania).” He notes that he deserved a little “pat on the back” for doing the right thing. With or without recognition, awards or fanfare, Kibira is determined to pursue his passion and “personal mission” of making quality movies. He is inspired to continue being the voice of the over 100 million silent majority of Swahili speaking peoples of Africa and the Diaspora “telling their compelling stories” to the rest of the world.

“Bongoland II” will be released in early 2008.

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