Prosecution asks court to convict Kazinda over 316m
Mar 05, 2017
The actions of the accused persons were by deceit and fraudulent means as they were not within the normal course of business
The state has asked court to convict Geofrey Kazinda, the former principal accountant in the office of the prime (OPM) minister for embezzling sh316m.
State attorneys Tom Walugembe and David Bisamunyu on Friday told the Anti- Corruption Court in Kololo, Kampala presided over by Justice Lawrence Gidudu that Kazinda and Beatrice Kezabu ,a former assistant resettlement officer in OPM conspired to defraud government of sh316m.
Walugembe also asked Justice Gidudu to convict Shamim Masembe a businesswoman and Hussein Katumwa station manager of Total Service station Ntinda1, who are accused of conspiring with Kazinda and Kezabu to defraud OPM of sh316m.
The state attorneys submitted that prosecution has proved beyond reasonable doubt that Kazinda illegally authorised payment for fuel.
"My Lord, there is evidence to show that (A1) Kazinda authorised payment for fuel for which there had been no requisition.(A2) Kezabu had picked blank fuel authorised forms and invoice books of Total Ntinda 1 Service Station. She also filled the fuel authorised forms and gave forged fuel authorised forms and invoices as accountability to (A1) Kazinda," Walugembe said.
Walugembe said Masembe facilitated the common agreement by withdrawing sh316m and gave it to Katumwa who handed the money to Kazinda.
The state attorneys were giving their closing submission at the trial of Kazinda, Kezabu, Masembe and Katumwa at the Anti- Corruption High Court in Kololo.The accused denied defrauding government of sh316m.
"The actions of the accused persons were by deceit and fraudulent means as they were not within the normal course of business. It is our submission that this ingredient was proved to the required standard by the prosecution," Walugembe said.
Defence lawyers Paul Rutisya, Mackay Robert and Precious Ngabirano who appeared on behalf of the four accused asked court to acquit them of all the charges saying no single charge had been proved by the prosecution.
Rutisya, who represents Kazinda argued that no witness from dfcu bank was called to ascertain whether the money in dispute was paid.
Kazinda is facing charges of embezzlement and conspiracy to defraud . Kezabu is facing charges of conspiracy to defraud, embezzlement, fraudulent false accounting and forgery. Masembe and Katumwa are charged with conspiracy to defraud.
Prosecution case
The prosecution case is that Kazinda allegedly made an unauthorised payment of sh316,893,456 to Total Ntinda 1 Fuel Station owned by Masembe and managed by Katumwa . Kezabu then made fictitious accountability for the said fuel by allegedly forging fuel authorisation forms (orders forms) which was then forwarded to Kazinda.
It is also prosecution's case that upon payment of the money to the fuel station account, Katumwa advised Masembe who is the sole signatory to the account to withdraw the money from dfcu bank and hand it back to Kazinda. Prosecution alleged that the accused committed the offences between June 2010 and February 2011.
Other cases against Kazinda
Kazinda, 46, is also alleged by the Inspectorate of Government (IGG) to have amassed wealth estimated at sh4.6b which is not commensurate with his known income as the then 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 IGG 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 charge, the case is yet to be fixed for hearing.
In a separate case which is fixed for hearing before Justice Margaret Tibulya of Anti- Corruption High Court, Kazinda is charged jointly with three former officials from the Ministry of Finance, Planning and Economic Development over diverting public fund amounting to a sh20b.
Wilbert Okello a principal system analyst, David Mugisha a senior economist and Bright Atwine a senior accountant were charged with diverting funds intended for the Peace Recovery and Development plan for Northern Uganda. They denied the charges.