The Office of the Directorate of Public Prosecutions (ODPP) has said they are appealing last week’s Constitutional Court ruling that permanently stayed all corruption proceedings against Geoffrey Kazinda, the former principal accountant in the Office of the Prime Minister.
“The Office of the DPP has moved the Attorney General to appeal the decision of the Constitutional Court in Constitutional Petition No. 30 of 2014 by Kazinda Geoffrey against the Attorney General, to the Supreme Court,” Ms Jackline Okwi the ODPP spokesperson said.
“In addition, we intend to appeal to the Supreme Court against the decision of the Court of Appeal, acquitting Kazinda Geoffrey and two others for embezzlement and conspiracy to defraud,” she added.
Kazinda has since 2012 been on trial in various courts for among other cases, constructive possession of financial instruments, forging receipts and invoices, false accounting, making fraudulent payments, conspiracy to secure money outside authorized disbursement procedures, and living a standard of life beyond his known source of income.
But in 2014, Kazinda appealed to the Constitutional Court seeking, among other orders, court to declared that the act by the DPP to split charges against him and subsequently having him charged variously for offences built on what his lawyers said was the same facts, which same facts he had earlier been convicted, as unconstitutional and a violation of his rights.
Last week, in a 3-1 majority ruling the Constitutional Court ruled in favour of Kazinda.
“…a person cannot be prosecuted for the same offenses for which he has previously been acquitted or convicted. Similarly, a person cannot be convicted twice on two different charges arising from the same conduct unless they are significantly different,” Justice Stephen Musota noted in his lead judgment.
Justice Musota then proceeded to grant all the declarations sought by Kazinda, ordering the Anti-Corruption Court to immediately discharge Kazinda on the charges contained in Criminal Case No. 105 of 2012 and Criminal Case No. 47 of 2013.
Justice Musota, however, noted that Kazinda would still have to battle charges of illicit wealth which were slapped on the former OPM official in 2016.
Justices Cheborion Barishaki and Geoffery Kiryabwire also agreed with Justice Musota.
However, in a dissenting ruling, Justice Kenneth Kakuru said Kazinda still had a chance to plead the same objections at trial in the Anti-Corruption Court and said that his application did not require constitutional interpretation.
“He is still at liberty to raise the issues at the trial court. I accordingly find that this court has no jurisdiction to entertain this petition which is clearly misconceived,” Justice Kakuru argued.
Kazinda is however still in Luzira prison awaiting another ruling tomorrow on another appeal in other charges levelled against him.
Ms. Okwi did not divulge the grounds of the appeal yet, saying they are still studying the ruling.
“The grounds of appeal are usually formulated when the appellate court avails the appellant the record of proceedings and judgment of the lower court, which are scrutinized,” she side.
However, according to an October 17th 2014 affidavit sworn by the current Director of Public Prosecution (PPP), Jane Frances Abodo, then a prosecutor, in response to Kazinda’s constitutional court appeal, the ODPP said the act and conduct of the Director of Public Prosecutions and other government agencies charging and prosecuting of Kazinda with various criminal offences does not in any way violate the petitioner’s rights under the 1995 Constitution.
She further stated that Criminal Case No. 105 of 2012 and Criminal Case No. 47 of 2013 were founded on different facts, different transactions and the other accused persons are different from those in Criminal Case No. 138 of 2012 in which the petitioner was charged alone and convicted. That the petitioner was availed the documents at different trials.
