Published on 25/11/2024
Constitutional Court ruled that the Supreme Court never mandated the government to continue prosecuting the jailed former principal accountant from the Office of the Prime Minister. This clarification comes amidst public confusion over the interpretation of previous court decisions.
The Constitutional Court has clarified that the Supreme Court didn’t say the government should continue prosecuting jailed former principal accountant in the Office of the Prime Minister (OPM) Geoffrey Kazinda.
In a unanimous decision, a panel of five justices; Christopher Gashirabake, Eva Luswata, Oscar Kihika, Moses Kazibwe Kawumi and Dr Asa Mugenyi further held that despite their pronouncement, Kazinda shouldn’t be released from prison until the Supreme Court makes a final decision regarding his corruption-related cases.
“It is not stated in the order of the Supreme Court that the respondent (Attorney General) continues the prosecution. If the Supreme Court had intended that the respondent should continue prosecuting the applicant (Kazinda), it would have explicitly stated so,” ruled the justices
They added: “If we were to say that prosecution should proceed until the criminal matters are determined, this would mean that the order for a stay of execution would have resolved the intended appeal to the Supreme Court. Our understanding of the order of stay by the Supreme Court would be that the applicant should not be discharged from the said criminal cases until the determination of the appeal by the Supreme Court.”
The ruling arises from a petition filed by Kazinda before the Constitutional Court seeking orders to permanently prohibit the state from initiating and prosecuting him on any offences similar in character or founded on the same facts arising from his employment as the principal accountant in OPM.
On August 7, 2020, the same court agreed with Kazinda and delivered its judgment by staying the proceedings against him in several corruption cases.
Core to the ruling of the court was that the continuous prosecution of Kazinda amounted to double jeopardy within the meaning of Article 28 (9) of the Constitution, before ordering his release from Luzira prison where he had been incarcerated for close to eight years.
However, the government being aggrieved with the decision of the Constitutional Court, appealed to the Supreme Court, the highest court in the land, and also applied for a stay of the orders of the Constitutional Court.
But Kazinda went back to the Constitutional Court, arguing that by the time the Supreme Court issued the orders to stay the execution of the Constitutional Court orders, the lower court had already gone ahead to discharge him from some of the cases.
Kazinda was convicted of a series of offences including abuse of office, forgery, embezzlement, illicit enrichment, and causing financial loss.
He is serving various sentences handed down by the Anti-Corruption Court.
