Former health ministry accountant to go on trial over illicit enrichment

 

Gasasira had sought for orders stopping his prosecution before the Magistrate’s Court, arguing that the Magistrate’s court had no powers to try him under the Anti-Corruption Court. He had also challenged the decision to forfeit his property acquired before the Anti-Corruption Act came into law; arguing that the law did not operate retrospectively.

 

Initially, in 2005 the Directorate of Public Prosecutions (DPP) ordered Gasasira to explain the source of his assets listed in the declarations wealth, a required document for public officials, he had filed with the Inspector General of Government in 2002 and 2005.

 

After Gasasira had made a response to the inquiry in 2006, however, further investigations by the IGG revealed that he had misstated the value of various assets and withheld the disclosure of other assets.

 

The IGG made a recommendation to have Gasasira’s properties confiscated, alleging that it did not commensurate with his income presently or in the past. The IGG further recommended his removal from the public office. He was also prevented from holding any public office for five years under the provision of the Leadership Code.

 

Through his lawyer Geoffrey Kandeebe-Ntambirweki, Gasasira, then made a special civil appeal to the High Court against the decisions of the IGG under the Leadership Code Act; arguing that he would suffer double jeopardy.

 

The High Court quashed the IGG’s findings in the report, the decisions made thereafter and the recommendations, on the ground that the IGG had not availed Gasasira a chance to be heard.

 

However, the IGG appealed against the decision to the Court of Appeal where the appeal is pending hearing.

 

After the High Court’s decision, Gasasira was arrested in 2010 and charged with illicit enrichment before the Anti-Corruption Court under the law that allows the IGG to investigate persons believed to possess property allegedly disproportionately acquired.

 

The counts of illicit enrichment related to eight apartments worth sh548,205,844 and a residential house valued at sh330,262,946.

 

When Gasasira was produced before Principal Grade One Magistrate at the Anticorruption Court his lawyer applied for a constitutional reference. He asked the Constitutional Court to consider whether the Anti-Corruption Act provisions under which he was charged with an offence of being in possession of illicit enrichment did not infringe the Constitution.

 

He argued that it was wrong for the IGG to prosecute him for the property he acquired before the Anti-Corruption Act came into force; as it should not operate retrospectively.

 

He also wanted the Court to consider whether the Magistrate’s Court had powers to try him and; whether his property he acquired before the law could be subjected to forfeiture to the state in view of the double jeopardy.