City tycoon Dick Kizito convicted of sh25m theft

By Barbra Kabahumuza, Norah Mukimba & Michael Odeng

Kampala tycoon Dick Ssekalala Kizito has been convicted of theft of sh25m that belonged to his former tenant, Moses Bemire.

Ssekalala, 50, also proprietor of Kizito Towers, was convicted of shop breaking and two counts of disobedience of lawful orders by the Chief Magistrate’s Court at Buganda Road.

He was subsequently sentenced to a fine of sh4m or serve a 4-year sentence. By press time, he had paid the money to government.

The Court presided over by Chief Magistrate Lillian Buchyana passed the sentence after she found the accused guilty of all the charges preferred against him.

In respect to shop breaking, Bucyana ruled that prosecution proved to the required standard that Kizito brought men who cut the padlocks of Moses Bemire, entered his shop and ferried shop items.

“I am convinced by the evidence of six prosecution witnesses that the accused person committed the offences,” she said.

As regard to theft, the magistrate pointed out that items which were subjected to theft in the same period are money and stock that was in the shop.

Buchyana also ruled that the convict's act of forcefully closing the shop in spite of the court order reflects disobedience of lawful orders.

The court heard that the convict disobeyed Mengo Chief Magistrates’ Court order, restraining him from trespassing on the property and further orders stopping him from denying access to the complainant (Bemire).

Prosecution led by Peter Mugisha says that the convict on May 18, 2013 at Kizito Towers in Kampala, broke and entered shop B01A, belonging to Bemire and stole shop items valued at about sh25m and money, amounting to sh10m.

Kizito was also convicted on grounds that defence witness evidences adduced in court were inconsistent.

“I find the evidence of defence witnesses regarding accused’s alleged absence misleading and pointing to deliberate lies. No wonder their testimony contradicted that of the bailiff,” she added.

Buchyana also stated that the forceful closure and takeover of shop items under the guise of unpaid rent reflects dishonesty on the part of Kizito. The court also heard that to-date the items have never been recovered.

In mitigation, the lawyer representing Kizito, Joseph Amanya, asked court for a lenient sentence on grounds that his client (Kizito) paid sh15m to the complainant as compensation.
 
He also said the convict is the sole bread winner for his family and a first time offender with no criminal record.

While presenting the antecedents in court, State prosecutor Peter Mugisha asked court to give the convict a custodial sentence on grounds that the offences are grave in nature. He added that the actions of the convict occasioned financial loss to the complainant.

The cause of action arose when the complainant was served with an eviction notice and an order to vacate the shop within five days before expiration of his tenancy. This prompted him to seek legal redress.