Kazini Charged
FORMER Army commander Maj. Gen. James Kazini has finally been charged before the Military General Court Martial for allegedly creating ghost soldiers on the army payroll that led to a financial loss of over sh261m to the Government.
The case:
-Causing financial loss
-Abuse of office
-Conspiracy to defraud
-Forgery
-Uttering false documents
-Neglect of duty
-Disobeying lawful orders
By Hillary Kiirya and Maurice Okore
FORMER Army commander Maj. Gen. James Kazini has finally been charged before the Military General Court Martial for allegedly creating ghost soldiers on the army payroll that led to a financial loss of over sh261m to the Government.
This comes a year after he returned from the National War College in Nigeria, where he underwent military training.
He appeared before the court chairman, Gen. Elly Tumwine, with his team that includes Col. John Mateka, Maj. Sam Omara, Maj. Ibrahim Sebagala, Maj. Godfrey Lukanga, Capt. Silver Mwesigwa, Capt. David Agaba, Lt. Harriet Mwesigwa, Lt. Simon Peter Mwesigwa, Lt. Bernard
Muibi, WOI Fred Arinaitwe and Maj. Wilson Mwesigwa as the judge advocate.
He pleaded not guilty to causing financial loss (2), abuse of office (2), conspiracy to defraud, forgery, uttering false documents, neglect of duty and disobeying lawful orders of the president on three files.
Kazini appeared on court summons served on him on Tuesday in Kasese.
On one file, Kazini has been charged with former army chief of staff Brig. Nakibus Lakara, former director administration, Col. Stephen Othieno, former director finance, Maj. Robert Nsabiyunvu, Capt. Michael Byaruhanga, former Paymaster Nakasongola, Lt. Edward Musoke and WOI Sam Turyamureba.
On the second file, Kazini is charged with Lt. Col. Dura Mawa Muhindo, Capt. Michael Byaryaguma, Lt. Kenneth Ayebare and on the third file, he is charged with Dura Mawa Muhindo in which he is accused of disobeying lawful orders of the president not to transfer a group of soldiers to another detachment and neglect of duty.
Kazini was granted bail of sh2m and his sureties bonded to court at sh1m.
However, for the first time in the history of the court operations, civilians stood surety for a military man. They are Kwame Ruyondo and Francis Ninye, an advocate.
Kazini paid the money and walked to freedom as enshrined in the constitution of the Republic of Uganda which emphasises bail being an inherent right of an individual.
His bail application encountered objection from prosecution led by Moses Serwanga Sengendo, assisted by Christopher Madrama from Katende, Sempebwa and Company Advocates.
Serwanga said although bail was a constitutional right, it required that an accused person in a particular court should produce substantial sureties and for Kazini’s case, he ought to produce sureties at his rank or those above him, as is the procedure in the GCM.
“The rationale is to ensure that the sureties will have control over the accused person they are standing for. In this case, the accused is a senior army officer and former army commander. It is therefore my humble prayer that at least one of the sureties is a Major General.
“It is not practical that a mere businessman will have the powers to coerce a Major General to attend court. It is possible but not practical in this court. This sets a dangerous precedent to present civilian sureties and yet his co-accused were put to task to present UPDF officers of their rank and above. I pray that the accused talks to his friends because this will look bad,†said Serwanga.
However, Sam Mwebembezi, who represents Kazini, said, “For one to stand surety does not require force to ensure that the accused appears in court when required. The accused is not the kind of man who will scare away the sureties.
It is not a question of physical comparison. Besides, they have the powers to use other security organs to compel the accused to appear whenever required,†said Mwebembezi.
He said looking at the capacities in which the accused has served and his response when he was called from Nigeria to come and appear before the High Command Commission of Inquiry that probed the allegations, Kazini would not abscond from the proceedings.
“He even signed an understanding that when he finished his course, he would return to answer the charges. These are charges he was very much well aware of and had he any intentions of running he would not have come back.
“Even yesterday when he was served with the summons to appear today, he drove here without anyone coercing him. I therefore pray that this court grants him bail,†said Mwebembezi.
After deliberations that took about 15 minutes, Tumwine and his group granted Kazini bail on condition that he deposits the money and reports to court twice a month.
Verbatim in National News
-Causing financial loss
-Abuse of office
-Conspiracy to defraud
-Forgery
-Uttering false documents
-Neglect of duty
-Disobeying lawful orders
By Hillary Kiirya and Maurice Okore
FORMER Army commander Maj. Gen. James Kazini has finally been charged before the Military General Court Martial for allegedly creating ghost soldiers on the army payroll that led to a financial loss of over sh261m to the Government.
This comes a year after he returned from the National War College in Nigeria, where he underwent military training.
He appeared before the court chairman, Gen. Elly Tumwine, with his team that includes Col. John Mateka, Maj. Sam Omara, Maj. Ibrahim Sebagala, Maj. Godfrey Lukanga, Capt. Silver Mwesigwa, Capt. David Agaba, Lt. Harriet Mwesigwa, Lt. Simon Peter Mwesigwa, Lt. Bernard
Muibi, WOI Fred Arinaitwe and Maj. Wilson Mwesigwa as the judge advocate.
He pleaded not guilty to causing financial loss (2), abuse of office (2), conspiracy to defraud, forgery, uttering false documents, neglect of duty and disobeying lawful orders of the president on three files.
Kazini appeared on court summons served on him on Tuesday in Kasese.
On one file, Kazini has been charged with former army chief of staff Brig. Nakibus Lakara, former director administration, Col. Stephen Othieno, former director finance, Maj. Robert Nsabiyunvu, Capt. Michael Byaruhanga, former Paymaster Nakasongola, Lt. Edward Musoke and WOI Sam Turyamureba.
On the second file, Kazini is charged with Lt. Col. Dura Mawa Muhindo, Capt. Michael Byaryaguma, Lt. Kenneth Ayebare and on the third file, he is charged with Dura Mawa Muhindo in which he is accused of disobeying lawful orders of the president not to transfer a group of soldiers to another detachment and neglect of duty.
Kazini was granted bail of sh2m and his sureties bonded to court at sh1m.
However, for the first time in the history of the court operations, civilians stood surety for a military man. They are Kwame Ruyondo and Francis Ninye, an advocate.
Kazini paid the money and walked to freedom as enshrined in the constitution of the Republic of Uganda which emphasises bail being an inherent right of an individual.
His bail application encountered objection from prosecution led by Moses Serwanga Sengendo, assisted by Christopher Madrama from Katende, Sempebwa and Company Advocates.
Serwanga said although bail was a constitutional right, it required that an accused person in a particular court should produce substantial sureties and for Kazini’s case, he ought to produce sureties at his rank or those above him, as is the procedure in the GCM.
“The rationale is to ensure that the sureties will have control over the accused person they are standing for. In this case, the accused is a senior army officer and former army commander. It is therefore my humble prayer that at least one of the sureties is a Major General.
“It is not practical that a mere businessman will have the powers to coerce a Major General to attend court. It is possible but not practical in this court. This sets a dangerous precedent to present civilian sureties and yet his co-accused were put to task to present UPDF officers of their rank and above. I pray that the accused talks to his friends because this will look bad,†said Serwanga.
However, Sam Mwebembezi, who represents Kazini, said, “For one to stand surety does not require force to ensure that the accused appears in court when required. The accused is not the kind of man who will scare away the sureties.
It is not a question of physical comparison. Besides, they have the powers to use other security organs to compel the accused to appear whenever required,†said Mwebembezi.
He said looking at the capacities in which the accused has served and his response when he was called from Nigeria to come and appear before the High Command Commission of Inquiry that probed the allegations, Kazini would not abscond from the proceedings.
“He even signed an understanding that when he finished his course, he would return to answer the charges. These are charges he was very much well aware of and had he any intentions of running he would not have come back.
“Even yesterday when he was served with the summons to appear today, he drove here without anyone coercing him. I therefore pray that this court grants him bail,†said Mwebembezi.
After deliberations that took about 15 minutes, Tumwine and his group granted Kazini bail on condition that he deposits the money and reports to court twice a month.
Verbatim in National News