Kazinda Wrongly Convicted - Court of Appeal

  • Posted on: 13 March 2019
  • By: sanyu-fm-news

The Court of Appeal has ruled that former Principal Accountant in the Office of the prime minister;  Geoffrey Kazinda was wrongly convicted and erronously served a 5 year jail term that was handed to him by by the Anti-corruption court   for forging the signature of his former Boss and permanent secretary Pius Bigirimana.

 

Three justices ; Geoffrey Kiryabwire , Stephen Musota and Percy Tuhaise  have overturned Kazinda's conviction after  faulting  trial Highcourt judge David Wangututsi of failing to  properly evaluate the evidence adduced  before him and  erroneously found Kazinda guilty of abuse of office, fogery and being in  unlawful possession of government stores .

 

However after fully  and erroneously  serving the 5 years , the  3 justices have  today concurred with Kazinda that police and prosecution did shoddy investigations  that failed to prove that the cash withdraw forms and security papers  bearing  a forged signature of Bigirimnana  were indeed found at the home of his(Kazinda 's )  mother Teopista Nanfuka.

 

This is because according to the evidence on record,  there was neither  a search certificate nor any  photographic evidence tendered in court  showing how  the police search team retrieved the said documents from a room at Nanfuka's residence .

 

The justices were therefore  persuaded by Kazinda's submission that in absence of this photographic evidence, the documents which formed a  basis of these charges could have been  planted by the search team which went to search his mother's home with documents in  a bag and an envelope .

 

The court  has gone ahead to set aside Kazinda's conviction  on charges of being in unlawful possession of government stores on grounds that by the time of his arrest on 22nd/July 2012 , he had not  yet handed over office as principal Accountant  in the OPM and therefore its  not surprising that he was found with   the ministry's documents  at his residence .

 

However even though the justices  ordered for Kazinda's immediate release , he can  not leave prison  because he  is still  serving another 5 year jail sentence handed to him by the Anti -corruption court for causing a 316 million shilings loss in forged  fuel receipts  to the OPM.

 

Kazinda has Also since appealed against the said sentence.