CJ Dollo, Supreme Court Justice On Spot Over Delayed Kazinda Judgement

Five years later, former Principal Accountant in the Office of the Prime Minister, Goeffrey Kazinda remains incarcerated in Luzira Prison over accusations that were quashed by the Constitutional Court.

In August 2020, the Constitutional Court stopped Kazinda’s prosecution for all charges linked to his former service as principal accountant in the office of the prime Minister, and the same court ordered his immediate release from prison.

The Anticorruption Court before justices Lawrence Gidudu and Margaret Tibulya issued discharge orders citing the decision by the Constitutional Court but indicated that; “unless he is held on other charges.”

Justice Gidudu stated on October 19, 2020.  “For avoidance of doubt, should the Supreme Court stay the judgment of the Constitutional Court, then the applicant will be brought back to the proceedings”.     

However, the Attorney General Kiryowa Kiwanuka appealed against the Constitutional Court decision and applied to stop Kazinda’s release.

In their ruling, the Supreme Court justices Alphonse Owiny Dollo, Stella Arach-Amoko, Rubby Opio-Aweri, Faith Mwondha, Prof Lillian Tibatemwa, Paul Mugamba and Night Percy Tuhaise; issued the order staying the decision of the Constitutional Court.

The ruling was issued amid Kazinda’s protest saying that the application did not meet the conditions for grant of the order to stay judgment of the Constitutional Court.

Kazinda stated that no appeal had been instituted in the Supreme Court within fifty days after lodging of the notice of appeal as per rules.

“The applicant withdrew its appeal. He argued that there is no appeal whose integrity shall be protected or which might be rendered nugatory (irrelevant),” he stated.  

However, following the stay of release, Kazinda was taken back to the Anticorruption Court, convicted and sentenced.

The decision prompted Kazinda to file contempt of Court against the Attorney General for continued prosecution after the decision of the Constitutional Court.

Constitutional Court Justices; Christopher Gashirabake, Eva Luswata, Oscar Kihika, Moses Kazibwe Kawumi and Dr Asa Mugenyi stated that the orders of the Supreme Court render the order of the lower court ineffective and that it did not allow continued prosecution of Kazinda.

“If the Supreme Court had intended that the respondent should continue prosecuting the applicant (Kazinda) it would have explicitly stated so. If we were to say that prosecution should proceed until the criminal matters are determined, this would mean that the order of stay of execution would have resolved the intended appeal to the Supreme Court by the respondent” reads the ruling.

Court documents show that on July 11, 2024 the country’s apex court convened by Chief Justice Alphonse Owiny Dollo heard the appeal in which the Attorney General was challenging and seeking to overturn the decision of the Constitutional Court.

Other justices are Prof Lillian Tibatemwa, Percy Night Tuhaise, Monica Mugenyi, Elizabeth Musoke, Christopher Madrama and Catherine Bamugemereire.

The session had nine cases cause-listed for the month of June 2024 and all the other cases were determined among them the Michael Kabaziguruka case against the Attorney General.

Records further state that all parties against the government were on bail pending determination of their appeals except Kazinda.

The development comes at a time when Kazinda’s family, friends and relatives petitioned the Chief Justice and all justices of the Supreme Court claim that they are burdened by the long imprisonment despite the protracted quest  for justice.

Describing the Chief Justice as the only one who understands Kazinda’s dilemma having presided as head of panel on three separate occasions in matters involving him, the community states that the unending ordeal has not only taken a toll on his emotional, mental and physical health but also on his small community who continue to bear the burden of uncertainty.

“Our deeper sorrow is that six years have now passed since his discharge, yet he remains bound in endless waiting. What should have been a victory has been emptied of its meaning by the prolonged pendency before the Supreme Court. To the eight years he first suffered under wrongful trials and convictions have now been added to another five years of sleepless nights waiting with patience for justice that is still withheld,” reads the complaint.

The family shares the anguish of Kazinda’s 81-year-old mother who can no longer climb Luzira hills to see her son and without answers on why his son remains in custody, his 15-year-old son who was two years at the time of his father’s imprisonment and his 31-year-old daughter who has lived without the father’s guidance.

“After the Kabaziguruka case was decided in January 2025, we hoped our case would soon follow since it was too a reconstitution of an earlier appeal. However, eight months have since passed without resolution of the Kazinda case,” reads the petition.

The family pleaded to the Chief Justice to lead the delivery of the Supreme Court decision to enable them pursue other remedies towards returning him home sooner than later.  

“Your Lordship, we mindful that making this request 15 months after July 5,2024 may appear as impatient yet we believe that Justices of the apex court will not overlook that this appeal first heard in November 2021 has now been pending for 45 months, a period that is a heavy burden for any litigant and even more so when unlike most prison remain the place where his waiting is endured,” the family cries.

Records show that Kazinda was arrested in 2012 charged and imprisoned but in March 2019 and again in April 2020 the Court of Appeal quashed his wrongful convictions having endured eight years in prison for crimes he did not commit.

After the Constitutional Court nullified all the criminal trials against Kazinda, his community states that the trial courts that issued orders, the case files were revived by the Courts’ misapplication of the Supreme Court’s stay of execution of the orders discharging Kazinda.

Questions 

Kazinda’s overstay in prison now raises questions as to whether the order for temporary stay determined the main appeal since no effort has ever been taken by the Attorney General to ensure that the decision is taken.