Uganda: Constitutional Court docket Clarifies Geoffrey Kazinda Ruling

The Constitutional court docket has made itself clear that the Inspectorate of Authorities might presumably presumably easy cease it be persisted prosecution of the jailed worn eternal Secretary within the Place of job of the Prime Minsiter Geoffrey Kazinda on charges of illicit enrichment till the Supreme court docket makes a last resolution on his corruption associated charges.

The unanimous resolution of justices consisting of Eva Luswata , Christopher Gashirabake , Oscar Kihika, Moses Kazibwe and Dr. Asa Mugengyi is to stay in put till this form of time that the Supreme court docket publicizes itself within the subject .

The Constitutional court docket’s clarification arises out of an application filed by Kazinda while accusing the issue of disobeying upright court docket orders that halted his prosecution on August, 7, 2020.

In his application, Kazinda acknowledged that having been upset , the issue appealed this say sooner than the Supreme Court docket and by the level an say of stay develop into once issued, the decrease courts had long gone forward to discharge him of some offences.

The 5 justices grasp on the opposite hand acknowledged in their judgment that the Supreme Court docket doesn’t explicitly mention in its say of stay that there needs to be any persisted prosecution of Kazinda within the decrease courts.

“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,” the 5 justices stated.

“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 justices on the opposite hand great that the say of stay doesn’t resolve the appeal at the Supreme court docket nonetheless somewhat arrangement that Kazinda might presumably presumably easy no longer he discharged till the appeal is disposed off.

Previously Kazinda has been convicted of a group of offences including abuse of place of work , forgery, embezzlement, causing a monetary loss and he’s serving quite a lot of sentences handed down by the Anti-corruption court docket .