Kazinda petition ruling nullified, Supreme Court orders fresh hearing

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The Supreme Court has nullified the Constitutional Court ruling that had halted the continued prosecution of former Office of the Prime Minister (OPM) principal accountant Geoffrey Kazinda on similar corruption-related charges.

In 2020, the Constitutional Court had ruled that Kazinda’s continued prosecution amounted to double jeopardy and ordered his immediate release.

However, a seven-member panel of the Supreme Court, led by Justice Lillian Tibatemwa-Ekirikubinza, on Tuesday ruled that the judgment was invalid because one of the justices, Ezekiel Muhanguzi, did not sign the decision before he was elevated to the Supreme Court.

The other justices on the panel were Chief Justice Alfonse Owiny-Dollo, Percy Night Tuhaise, Elizabeth Musoke, Catherine Bamugemereire, Christopher Madrama and Anna Mugenyi.

“The judgment of the Constitutional Court that is the subject of the present appeal is a nullity,” Tibatemwa-Ekirikubinza ruled.

The court set aside the Constitutional Court decision and ordered that the petition be sent back for a fresh hearing as a matter of urgency.

“This court’s orders in the constitutional application are hereby vacated. We make no order as to costs,” Tibatemwa-Ekirikubinza ruled.

The justices also vacated their earlier directive staying the execution of the Constitutional Court’s orders pending the determination of the appeal.

They noted that Justice Muhanguzi, who has since retired, did not sign the judgment, meaning the decision was made by four justices; Kenneth Kakuru (now deceased), Geoffrey Kiryabwire, Cheborion Barishaki and Stephen Musota (now a Supreme Court judge).

The court held that the principle of substantive justice under Article 126(2)(e) of the Constitution cannot be used to bypass constitutional provisions on the composition of the court.

The justices pointed out that Article 137(2) of the Constitution requires the Constitutional Court to sit with five justices, meaning the court was not properly constituted in Kazinda’s case.

While acknowledging that their decision would further delay the determination of Kazinda’s petition, which was filed in 2014, the justices said they were bound by the Constitution and could not determine the appeal on the basis of an invalid decision.

The judgment was delivered in the presence of Kazinda’s lawyer, Richard Omongole, and the Assistant Commissioner for Civil Litigation in the Attorney General’s Chambers, Richard Adrole, who was assisted by Senior State Attorney Geoffrey Madete and State Attorney Brian Musota.

Kazinda is currently serving a seven-year prison sentence for illicit enrichment, which was slapped on him by the Court of Appeal.

He has been in custody since 2012.