Engineer Kazibwe jailed 6 months

By E. Kimuli & Hillary Kiirya ENGINEER Charles Kazibwe, husband to the Vice-President, was yesterday committed to the civil prison for six months for failure to pay a bank loan of sh10m.Kazibwe was committed by the Registrar of the Commercial Court, Precious Ngabirano, after he (Kazibwe) failed to pay the money or to prove to the court that he was willing to pay it.Kazibwe was produced before court at about 4:30pm by Debt Masters Auctioneers who arrested him from his office at NIC building in Kampala at about 4:00pm. Kazibwe, clad in a green shirt and a necktie, pleaded to court for four weeks to pay the money in vain.“KENTS Technical Services has promised to pay in four weeks,” he said. However, Ngabirano informed him that he was the judgement debtor and not his company. He also asked him for written proof that the company would pay the money, but he could not produce it.The dfcu Bank sued Kazibwe for failure to pay the sh5.6m which he borrowed in 1999 but accumulated to sh10m. Court entered a judgement against Kazibwe on January 7, 2001 in favour of the bank.Stephen Serwadda, dfcu lawyer, yesterday asked the court to commit Kazibwe to prison, saying he had been given enough chances, but had not paid even part of the money to show willingness to pay.Ngabirano said Kazibwe had been arrested on three occasions and brought to court, had been served twice and never obeyed the summons and that he had promised to pay on three occasions but breached the promise.“On April 17, 2001, the judgement debtor undertook to pay in installments and the last installment was supposed to be paid on December 22, 2001, but he never paid any,” Ngabirano said.He said on January 9, 2002 he summoned Kazibwe on dfcu’s request for him to appear on February 13, 2002, but he did not appear.“Another notice was issued on February 13, 2002, for him to appear on February 20, 2002, but he never appeared though he was duly served,” Ngabirano said. He said on February 20, 2002, Kazibwe was arrested and undertook to pay in one month, but he still defaulted and never appeared in court then, leading to issuance of a warrant of arrest that led to his production in court yesterday.Ngabirano said since the decree was entered on January 7, 2001, Kazibwe had not endeavoured to clear even part of the debt and had failed to show cause why he should not be committed to the civil prison.“In the circumstances, I have no alternative but to commit the judgment debtor to civil prison for six months,” Ngabirano ruled.He also ordered dfcu to pay sh2,000 daily subsistence for Kazibwe while in prison. They paid sh360,000 to feed Kazibwe for the six months, before Kazibwe was driven away in a taxi hired by dfcu to take him to Luzira Prisons at about 6:30pm.“I did not expect things to turn out like this but I have informed my people. I hope in two days, they will have got the money and I will be released,” Kazibwe told The New Vision. He said two days could be a good experience in prison. He said the people he had informed would inform his immediate family or else they would read his imprisonment in the newspapers.His sister appeared at the court to comfort him after he had been committed. He also pleaded to be taken back to his office before proceeding to Luzira in vain.Kazibwe will be released from prison any time he pays the money. If he serves the six months before the money is paid, the bank can still demand that he pays after he leaves the prison.Kazibwe appeared shocked after the Registrar pronounced the judgement. He attempted to duck away from The New Vision photographer in vain. He was not represented. Neither did he have relatives in the court.