Prime
Court of Appeal reduces Kazinda’s jail term in illicit enrichment case
What you need to know:
- The particulars of the offence were that Kazinda between 2010 and June 2012 being the principal accountant in OPM, maintained a standard of living above which was commensurate with his income or past known sources of income or assets whose sum of the duration 2009 to 2012 was established to be over Shs83m when he rented and occupied suite 105 at Golden Leaves now Constellation suits, Nakasero, apartments at Sheraton Hotel for a period of 10 months at a total of over Shs210m.
The Court of Appeal in Kampala has reduced on the 15-year jail term that was handed to former principal accountant in the office of the Prime Minister, Geoffrey Kazinda.
In their unanimous ruling, the three justices of the appellate court on Thursday held that Kazinda will serve seven years and seven months in prison instead of 15 years he was handed in 2020 by the Anti-Corruption Court.
“… However, as noted above, the learned trial judge took into account matters that ought not to have been taken into account and ignored mitigating factors in light of the length of sentence imposed on each count. We shall have to interfere with the sentences,” ruled Justice Fredrick Egonda-Ntende who wrote the lead judgment.
“Taking into account both the mitigating and aggravating factors in this case, the appropriate sentence would be three years on count 1, five years’ imprisonment on count 2 and four years’ imprisonment on count 3 to be served consecutively; one after the other. However, we must deduct from the aggregate total of years to be served the time of four years and five months that the appellant spent in pre-trial custody, in compliance with article 23 (8) of the constitution. And therefore, seven years and seven months shall be served from the 6th day of November 2020, the date of his conviction” the judges added.
The other justices were; Catherine Bamugemereire and Christopher Madrama.
The justices, however, rejected the plea by Kazinda to overturn the conviction.
In 2020, Justice Margret Tibulya of the Anti-Corruption Court, found Kazinda guilty of charges of accumulating abnormal wealth (illicit enrichment) brought against him by the IGG in 2016.
Justice Tibulya went on and sentenced Kazinda to 15 years in prison, issued a confiscation order for his land and developments, several cars including a BMW, Mercedes Benz ML Class, and a Dodge Saloon, all valued at over Shs769m.
Kazinda was also barred from holding a public office for the next 10 years.
The particulars of the offence were that Kazinda between 2010 and June 2012 being the principal accountant in OPM, maintained a standard of living above which was commensurate with his income or past known sources of income or assets whose sum of the duration 2009 to 2012 was established to be over Shs83m when he rented and occupied suite 105 at Golden Leaves now Constellation suits, Nakasero, apartments at Sheraton Hotel for a period of 10 months at a total of over Shs210m.
The ombudsman had also contended that Kazinda between 2010 and June 2012, was in possession and control of property in Volume 2014 folio 19, plot no. 1904 Bukoto, Kyadondo Mengo, Plot no. 264 Bukoto Sabaddu-Kyadondo West Mengo whose value was more than Shs3 billion, which money was disproportionate to his income and past known incomes and assets whose sum of duration between 2009 to 2012 was established to be about Shs83 million.