Supreme Court Nullifies Constitutional Court Ruling in Kazinda Case, Orders Fresh Hearing

The Supreme Court has overturned a Constitutional Court judgment that had barred further criminal proceedings against Geoffrey Kazinda, the former Principal Accountant in the Office of the Prime Minister.

The Supreme Court found that the lower court was improperly constituted. In a unanimous decision delivered by Chief Justice Alfonse Owiny-Dollo, along with six other justices, the court ruled that the Constitutional Court’s decision from 2014 was invalid because it was decided by only four judges instead of the constitutionally required five.

As a result, there has been no pending appeal by the Attorney General against Kazinda before the Supreme Court for nearly five years. The Attorney General had filed the appeal to challenge a Constitutional Court ruling that deemed ongoing criminal cases against Kazinda unconstitutional on the grounds of double jeopardy.

The Constitutional Court had issued a permanent stay on the proceedings and directed that Kazinda be discharged from the cases, thereby protecting him from future prosecution based on the same facts. However, the Supreme Court has stated that Article 137(2) of the Constitution clearly requires the Constitutional Court to operate with a quorum of five justices when interpreting constitutional matters.

The justices noted that the absence of a signed opinion from one of the judges, Ezekiel Muhanguzi, who heard the petition, meant that the court lacked the jurisdiction to issue a valid judgment.

The Supreme Court has now vacated the earlier orders and directed that the petition be sent back to the Constitutional Court for a rehearing as a matter of urgency. The interim orders that stayed the execution of the previous ruling have also been lifted. Kazinda, who is currently serving a 25-year sentence, was first prosecuted in 2012 on charges related to corruption and was convicted in 2013 on multiple counts, including abuse of office, forgery, and unlawful possession of government property.