Prime
Kazinda sues DPP, IGG for contempt of court
Former Principal Accountant in the Office of the Prime Minister, Geoffrey Kazinda. PHOTO/Abubaker Lubowa
What you need to know:
- In August 2020, the Constitutional Court ruled that Kazinda’s continuous prosecution constituted double jeopardy, thereby ordering for his release.
Geoffrey Kazinda, the former principal accountant in the Office of the Prime Minister (OPM), who is currently incarcerated at Luzira prison, has sued the Director of Public Prosecutions (DPP), the Attorney General, and the Inspector General of Government (IGG) for contempt of court. This follows a Constitutional Court order that mandated his acquittal.
In his petition to the Constitutional Court, Kazinda seeks a declaration that the Attorney General, the IGG, the DPP, and the High Court Anti-Corruption Division are in contempt of court orders from constitutional petition number 30 of 2014.
He claims they have failed to acquit him of charges related to his tenure as principal accountant and have continued to prosecute him despite the Supreme Court not overturning the Constitutional Court’s order for his unconditional release.
In August 2020, the Constitutional Court ruled that Kazinda’s continuous prosecution constituted double jeopardy under Article 28(9) of the Constitution.
The court ordered his release, stating that repeated trials for similar offenses deprived him of a fair hearing, violating Articles 28(1) and (9) of the Constitution.
The justices nullified all previous decisions against Kazinda and issued a permanent injunction preventing the state from prosecuting him further.
Kazinda’s petition highlights that the Constitutional Court’s orders remain intact and have not been varied or set aside by the Supreme Court.
He continues to suffer in prison due to the failure of the prosecuting bodies to enforce these orders.
Meanwhile, the Attorney General has appealed to the Supreme Court to overturn the Constitutional Court’s decision. The Supreme Court, led by Chief Justice Alfonse Owiny-Dollo, heard the appeal last Friday and reserved judgment for a later date.
Kazinda now seeks a declaration from the Constitutional Court that the actions and omissions of the prosecuting agencies amount to contempt of court, for which they should be held accountable.
