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    Jailed Kazinda Challenges Attorney General Kiwanuka’s Appeal Against Release Order…

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    Geoffrey Kazinda

    Jailed former principal accountant in the Office of the Prime Minister, Geoffrey Kazinda has asked the Supreme Court to halt proceedings in the appeal challenging his release citing errors and illegalities that warrant a review of the orders issued by the Court.

    In the application filed before the Supreme Court, Kazinda contends that his lawyer and that of the Attorney General Kiryowa Kiwanuka misguided and misinformed the court about the withdrawal of his application.

    “That the submissions of counsel for the applicant failed to appreciate and address all the concerns of the applicant nor did he properly and effectively address court on the grounds of the Constitutional application number 2/2022 which caused a gross miscarriage of justice to the applicant,” Kazinda states in his sworn statement, adding that the Supreme Court has powers to review its own decisions.

    Kazinda states that he did not consent nor permit his lawyer to withdraw his application reasoning that it raises issues of his interest in pursuit for justice.

    In the withdrawn application, he is seeking for orders that the appeal by Kiwanuka be struck out for having been filed out time.

    He also wants court to nullify criminal cases and also set aside convictions which were sanctioned against him after the Constitutional Court decision.

    Through his lawyers, Kazinda now wants the country’s highest appellate court to review its decision arguing that he did not instruct the lawyer to withdraw his application and that if the same is not disposed of, it will lead to miscarriage of justice if the appeal is determined before his application is handled.

    Kazinda who is currently in Prison at Luzira contends that Kiwanuka failed to prosecute his appeal which prompted him to file an application to strike out the case for lack of prosecution and to quash subsequent proceedings.

    “I am not aware of any decision of this court validating the Constitutional Appeal number 5/2020 but its hearing and proceeding with submissions of the same,” states Kazinda adding that his application still stands unheard to date because it raises issues that challenge the validity of the Constitutional Appeal.

    On July 15, 2024, the Supreme Court said it will pronounce itself on the appeal filed by Kiwanuka challenging the Constitutional Court decision that directed the immediate release of Kazinda.

    However, in a July 18 letter to the Registrar in the Supreme Court, Kazinda through his lawyers has requested for the stay of proceedings in the Constitutional Appeal; AG Vs Kazinda Geoffrey.

    According to the letter, Kazinda states that the Supreme Court directions required him to file written submissions by July 19 but instead he told court that his application addresses significant matters pertaining to the appeal, which has the potential to impact the entire appeal process.

    “We respectfully request that court exercises its inherent powers under Rule 2(2) of the Judicature (Supreme Court) rules to halt the entire appeal process until the determination of the aforementioned application. This intervention is crucial to ensure that justice is served and that all pertinent issues are thoroughly examined,” reads the letter from Omongole and Company Advocates.

    In an August 2020 majority judgment, the Constitutional Court held that the continuous prosecution of Kazinda amounted to double jeopardy within the meaning of Article 28(9) of the Constitution and ordered for Kazinda’s release from Luzira Prison.

    The Constitutional Court held that the numerous trials for offences similar in character amounted to a deprivation of the right to a fair hearing and contravened Articles 28(1) and (9) of the Constitution.

    Kazinda was convicted of a series of offenses including; abuse of office, forgery, embezzlement, illicit-enrichment and causing financial loss.

    He is currently serving various punishments handed down by the Anti- Corruption Court.

     

    By Sengooba Alirabaki

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    CRIME

    Panic As More Dr Besigye’s Confidants Face Arrest Over Terrorism Charges…

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    Some of the FDC leaders who are currently facing terrorism charges

    The Acting Forum for Democratic Change (FDC) Katonga camp Secretary General Harold Kaija has revealed that there is a deadly clandestine move by security to arrest more of Dr Kizza Besigye’s confidants and charge them with terrorism.

    Kaija said that the development was unmasked to them by colleagues currently detained at Kitalya and Luzira prisons who were deported from Kenya where they had allegedly gone for a political training in democracy.

    Upon their deportation back into Uganda, they were paraded before Nakawa Chief Magistrate where they were charged with terrorism.

    He explained that security agents are using the phones confiscated from the suspects to make calls to their relatives asking them to talk to their people in prison to admit the charges and enter plea bargain with the State so that they can be released.

    Kaija said that they have learnt that security wants to use some of the suspects to pin their leaders in FDC Katonga that they are the ones behind their travel to Kenya with a mission to receive training in terrorism activities so that they can to overthrow President Museveni’s government.

    He said that even though state operatives are doing everything to compromise their people, they are also following all the legal means to make sure they are released that is why they have started with filing bail application in the High Court.

    They have also finalised the move to drag President William Ruto’s government to the East African Court of Justices on allegation of fueling the abduction of their people and illegally deporting them back to Uganda yet they were in his country legally.

    Kaija added that they are also going to petition the East African Law Society president pleading with him to intervene in the imprisonment of their people and compel government to release them without any conditions.

    However, Andrew Katurubuki the Nakawa Court magistrate directed the State to release the suspects’ phones if they are not being used as exhibits and other properties including bank ATMs which were confiscated immediately after their arrest.

    State claims that the 36 suspects who include: Samuel Makokha, Dr George Ekwaro, Simon Rutarondwa, Nasur Basalirwa, Charlse Okello, Walter Obang, George Wanzige and others traveled to Kisumu in Kenya to receive training in terrorism activities.

    The suspects rubbished the allegations and insisted that they are being persecuted politically and courts of law are being used.

     

    By Hadijjah Namagembe

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    City Businesswoman In Tears After Bank Hires Ruthless Court Bailiff To Auction Her Multibillion Properties, Throw Her In Jail…

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    Kampala city businesswoman Teopista Nabbale the proprietor of Teopista & Jesus Holding Limited is in tears after a bank hired ruthless Court Bailiff to auction her multibillion properties over debt.

    Mutesasira a seasoned nonsense court bailiff has confirmed that he received instructions to auction Nabbale’s properties including land in Kabalagala, Kisugu on Block 244 plot 541 Kyadondo Kampala city measuring 0.15 hectares and all the buildings on it.

    “All the occupants of the advertised properties are hereby notified to vacate within fourteen days from the date of this publication, failure of which they shall be forcefully evicted at their own cost,” Mutesasira’s advert published in the daily monitor of Tuesday this week reads in part.

    Nabbale, a member of Kwagalana group that brings together Kampala city tycoons was given 30 days from the date of the publication to clear the debt or lose it.

    theGrapevine has established that recently, Harriet Grace Magala the judge of the Commercial Division of the High Court dismissed Nabbale’s application to stay the execution of the judgment she lost against Cairo bank noting that the applicant had failed to confirm to court that her properties were under threat of being auctioned and there was no proof that she had filed an appeal in the Court of Appeal challenging the High Court decision.

    Nabbale secured a Shs5bn loan from the said financial institution using her land titles as security and in 2023, she entered a consent judgment with the bank promising to pay the money.

    She later protested the amount the bank was claiming that it was demanding from her.

    According to the documents, the bank claimed that it demanded Shs9bn while Nabbale was insisting that the bank only demanded Shs5bn and that they agreed in the consent judgment to pay that amount.

    Court directed her to file an application challenging Shs4bn which she failed to do.

    theGrapevine established that there are criminal charges related to fraud filed against Nabbale at Buganda road court and very soon criminal summons are going to be issued against her.

     

    By Sengooba Alirabaki

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    Ugandan Shipping Company Bosses In Trouble As Court Orders Them To Compensate Kenyans Shs200m For Causing Death Of Their Family Members…

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    Justice Musa Sekaana the head of the Civil Division of the High Court has allowed the registration of the judgment issued in Kenya against a Ugandan shipping company.

    According to court documents, Mary Nyambura Mukuha and Grace Wanjiru Nyambura are suing as legal representatives of the Estate of Paul Nyutu, Stephen Mwaura and John Mukuha Wanjiru who died because of the negligence of a registered agent of Three Way Shipping Group of Companies Limited.

    In her affidavit, Nyambura told Court that they are seeking a court directive to register the judgment issued by Naivasha Chief Magistrate Court so as to execute the orders against Three Ways Shipping Company which is incorporated in Uganda and has offices along Jinja road opposite Jinja road police station.

    She explained to the court that their three people were riding a Motorcycle Reg No. KMCA 016P on 27th October 2013 when they were knocked and killed by a trailer with Ugandan Registration No. plates UAL 839N.

    She added that they instituted a case against the shipping company and fully served them with court documents but they intentionally refused to file a defense and the matter proceeded by way of formal proof.

    The judgment was delivered on 4th march 2020.

    She told court that they executed their judgment and on 30th April, 2023, court issued a court order allowing them to recover a decretal sum, costs and interest from the date of judgment totaling to Kshs 8,607,615/= (UGX 238,204,903.59).

    In his ruling, Justice Ssekaana noted that his court took judicial notice of the fact that Kenya is a Commonwealth country, and it being a protectorate of Britain which has a reciprocal arrangement with Uganda, the matter before him emanates from Naivasha Chief Magistrates Court which is located in Kenya and was properly seized with jurisdiction to hear and determine a matter.

    He explained that it is not the duty of his court to entertain an application for registration of a foreign judgment to sit on appeal over the decision of the original court that delivered the judgment sought to be registered.

    He further wondered why the shipping company does not exercise its right of appeal under the laws of the foreign country challenging the decision passed against it noting that his court only needs to ensure that the applicant complies with the requirements of the courts on registration of foreign judgment which was done.

    The applicants through their lawyers led by Lastone Gulume have started the process of recovering their money including auctioning off the properties owned by the financially troubled shipping companies.

    The Company’s top founding directors Oscar Baitwa and Geoffrey Bahamaiso are also facing criminal charges before the Anti-Corruption Division of the High Court on the allegation of stealing Shs7bn from MTN Uganda.

     

    By Grapevine reporter

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