Judge rejects stepping down in Kazinda illicit enrichment case of sh4.6b

PIC: Kazinda, currently in Luzira prison serving five years sentence after he was convicted in 2013

The judge presiding over illicit enrichment case of sh4.6b against former principal accountant in Prime Minister's office (OPM) said she will not step down, denying a request from him to recuse herself.

In a one page ruling, Judge  Margaret  Tibulya  of  the Anti- Corruption  Court in Kololo, Kampala, rebutted  Geoffrey  Kazinda's contentions that she will  be biased in her trial saying  she  was not prepared to grant the request.

While delivering the ruling on Friday,Tibulya said it is not possible that she would be prejudiced by evidence in another case against Kazinda which is on going before her.

"I also find the accused's concerns baseless and speculative since I have not made a decision in that other matter.The argument that I will be biased by the evidence I have not yet evaluated can only be based on lack of appreciation of the judicial function," Tibulya said.

Justice Tibulya said the illicit enrichment and the case involving sh20b are independent of each other in terms of evidence and that the argument advanced by Kazinda cannot be sustainable.

" It is true that I am presiding over another case against the accused, but as a judge I am alive to the fact that the two complaints are independent  of each other and therefore the evidence I  heard in the other  case is completely irrelevant  to this case," Tibulya.

Kazinda on August18, 2016 wrote to the Principal Judge Yorokamu Bamwine requesting that he should not be tried by justice Tibulya, saying if he is tried by Tibulya over illicit enrichment he would not get justice.

He argues that  Tibulya  has heard   testimonies  of several prosecution witnesses in  a case in which he is  accused of  abuse of office and causing financial loss of sh20b to government  adding that she  will  be biased  if she also  tried the case of illicit enrichment.

The principal judge in reply to Kazinda's letter rejected his request saying the decision lies with Tibulya to recuse herself from the case.

Kazinda, is currently in Luzira prison serving five years sentence after he was convicted in 2013 of abuse of office, forgery and being in unlawful possession of government stores.

Kazinda, 46, is alleged by the Inspectorate of Government (IGG) to have amassed wealth estimated at sh4.6b which is not commensurate with his known income as a civil servant.

The IGG said Kazinda's known income for the period between 2009 and 2012 was established to be sh83.7m.

It is alleged that Kazinda maintained luxurious standard of living when he rented and occupied Constellation Suits at Nakasero and apartments at Sheraton Hotel in Kampala for a period of ten months at sh210m.

Kazinda is also accused by Inspectorate of being in possession of a house in Bukoto city suburb and land situated at Kyadondo Mengo West , Volume 213 , Folio  21, plot  2132 valued at sh3.1b

In another charge,Kazinda is accused of being in possession of motor vehicles BMW, Mercedes Benz, Dodge Saloon car, Mercedes Benz ML Class estimated at sh769m.He denied the charges.