Kazini charged over ghosts
Nov 30, 2005
VERBATIM<br>Former army commander Maj. Gen. James Kazini was yesterday charged at the General Court Martial at Makindye over creating 440 ghost soldiers in the army payroll. <B>Maurice Okore and Hillary Kiirya</B. were at court and recorded the events<br><br>10:00am: Kazini arrives at the court
VERBATIM
Former army commander Maj. Gen. James Kazini was yesterday charged at the General Court Martial at Makindye over creating 440 ghost soldiers in the army payroll. Maurice Okore and Hillary Kiirya
10:00am: Kazini arrives at the court driving in a Mercedes Benz model SE 500 with his lawyer, Ham Mwebembezi. He is dressed in well pressed military uniform and is carrying a notebook and a small bag.
10:11am: He immediately moves to the court cells.
10:45am: Kazini’s friends, Kwame Ruyondo, a city businessman and National Social Security Fund legal officer Francis Ninye, arrive at the court. They rush to the court cells to see him. Ruyondo asks Kazini if he has contacted some people to stand surety for him. Kazini tells him that he does not want to bother people.
“If I committed any offence, I committed it alone,†Kazini replies.
11:00am: Kazini sends his aide for five bottles of Rwenzori mineral water. The polythene bag in which the bottles of water are being carried in is briefly screened at the quarter-guard before the aide delivers the water to Kazini.
11:33am: Ruyondo and Ninye rush to town to try and get sureties for Kazini and also to inform his friends about his detention.
12:40pm: Court Martial chairman Gen. Elly Tumwine’s convoy arrives at breakneck speed. Tumwine heads for his office, where he spends another 20 minutes.
1:00pm: The general public and the press are allowed into the courtroom. Tumwine enters the courtroom and the audience stands up in respect as he heads for his seat.
Col. John Mateeka: Good afternoon Sir, the court is ready to proceed.
Tumwine: Sit down.
The court registrar announces that the court is ready to proceed.
Tumwine: Proceed.
Registrar: Uganda vs RA00331 Maj. Gen. James Kazini.
1:15pm: The sergeant at Arms salutes and rushes to the court cells to pick Kazini, who appears in the dock still carrying his notebook and bag.
Mwebembezi: For the record I am Ham Mwebembezi. I am representing the accused.
Sserwanga: I am Sam Sserwanga for the State and Christopher Madrama, Maj. Moses Wandera and Captain Oryem assist me.
Tumwine: What language do you understand?
Kazini: English.
Tumwine: Do you have any objection with any of the members of the court hearing your case?
Kazini: I don’t know any of the members so I have no objection.
Tumwine: The Republic of Uganda, Uganda People’s Defence Forces in the General Court Martial holden at Makindye.
RA00331 Maj. Gen. James Kazini, a male adult, senior officer of the regular forces of the UPDF, formerly the army commander of the UPDF is hereby charged with disobedience of lawful orders.
It is alleged that while at Bombo army headquarters, Luweero district between March 2002 and October 2003 being the army commander, having received orders in March 2002 from the commander-in-chief stopping the transfer of militants, you disobeyed the directive and transferred the soldiers. Have you understood the charges?
Kazini: Your worship, I have heard the charges but the army number is wrong. My number is RA00133 not 331.
Tumwine: But have you understood the charges?
Kazini: I have understood the English aspect.
Tumwine: But have you heard about them?
Kazini: It is the first time I am hearing about these charges.
Tumwine: So are you guilty or not guilty?
Kazini: I am not guilty.
Sserwanga: investigations are in advanced stages. I ask for a mention date to be fixed. But we require three months to complete inquiries.
Tumwine: Why do you need all that time?
Mwebembezi: The matter has been under investigations for a very longtime. It is a little oppressive for prosecution to take a very long time. I request for three weeks.
Sserwanga: We want three months so that we get our witnesses ready to testify.
Tumwine: Is December 13 okay for mention?
Sserwanga: It’s ok.
Mwebembezi: It’s ok.
Mwebembezi: My client wants to appear for bail.
Sserwanga: But there are still some charges the accused has not yet pleaded to.
Tumwine: How many?
Sserwanga: Several charges but the charge sheets have not yet been signed.
2:28pm: A court orderly picks the new charge sheets from Sserwanga and hands them over to Tumwine for signing. The charge sheets are then distributed to all members of the court.
Tumwine: Second charge. Statement of offence. Maj. Gen. Kazini, it is alleged that you, while at Bombo, between March 2002 and June 2003 being the army commander, neglected to ascertain or manage the strength of UPDF, which duty you were required to perform by virtue of your appointment. Have you understood the charges?
Kazini: Yes I have understood but I am not guilty.
Sserwanga: There is an amended charge where he is charged with other officers.
Tumwine: Where are the other suspects?
Sserwanga: They are on bail and they will take plea a fresh when they return to court.
Tumwine: Count 1, causing financial loss (2), you Maj. Gen James Kazini and .......... between the months of December 2002 and June 2003, while at Bombo UPDF general headquarters in Luweero, being persons employed by the UPDF/government of Uganda, in performance of their duties as the army commander.......respectively did or directed to be done an arbitrary act prejudicial to the interest of their employer by inflating the Nakasongola reception Centre nominal roll, knowing or having reason to believe that such an act will cause financial loss of sh200m to the UPDF/ Government of Uganda. Do you plead guilty or not guilty?
Kazini: Not guilty, your worship.
Tumwine: Count 2, abuse of office (2). It is alleged that you Maj. Gen. James Kazini and others, in abuse of your respective offices, did or directed to be done an arbitrary act prejudicial to the interests of your employer, misappropriated sh200m being the balance of the funds meant for the salaries of soldiers under Nakasongola Reception Centre. Do you plead guilty or not guilty?
Kazini: Not guilty, your worship.
Tumwine: Count 3, forgery. It is alleged that you Maj. Gen. James Kazini and others, while at Bombo army headquarters in Luweero district in March 2003, with intent to defraud, forged the summary strength/breakdown of 507 brigade by adding an extra of 440 soldiers. Do you plead guilty or not guilty?
Kazini: Not guilty your worship.
Tumwine: Count 4, conspiracy to defraud. It is alleged that you Maj. Gen. James Kazini and others conspired to defraud the UPDF/Government of sh61,740, 800 by inflating the payroll of the 507 Brigade. Do you plead guilty or not guilty?
Kazini: Not guilty your worship.
Tumwine: Count 5, uttering false documents. It is alleged that You Maj. Gen. James Kazini, knowingly and fraudulently, uttered to the Directorate of Finance, false payroll of the 507 brigade with additional number of 440 soldiers. Are you guilty or not guilty?
Kazini: Not guilty
2:45pm: Kazini’s lawyer applies for bail.
Mwebembezi: The offences read out against the accused are all bailable and the Constitution says that bail is a constitutional right. The accused, as indicated in the charge sheet, is a senior army officer and a former army commander. He has held distinguished offices some of which you are aware of. He was aware of the pending charges while in the Republic of Nigeria for military training but he returned to the country.
He received summons yesterday when he was in Kasese to appear before this court and he has duly complied. Because of time the accused has not been able to identify any army officers of his rank as required by this court to stand surety for him.
We have communicated to two or three officers we could access but they could not make it to this court. We have substantial but non-military sureties.
Tumwine: Where are the sureties?
Mwebembezi: They are seated over there.
Tumwine: Can they please stand up?
3:39pm: Ruyondo and Ninye stand up.
Tumwine: Move nearer.
3:40pm: Ruyondo and Ninye present to the lawyer their identification papers.
Tumwine: Do they know the duties of a surety?
Mwebembezi: One of the sureties is an advocate of this court so he knows the consequences if he fails to ensure that the accused returns to the court as required. The other surety is also aware of his duties.
Sserwanga: I have no doubt that the sureties presented before this court as substantial. But the practice of this court is that the accused has to present people of his rank or above him. This is to ensure that the accused attends trial. The accused is a high ranking army officer. One of his sureties must be at the rank of General because I do not think a businessman can monitor whether such a high ranking army officer has attended court or not.
Tumwine asks audience to leave to allow them deliberate on the bail application.
3:49pm: Public is invited back and ruling on the bail application is immediately passed, granting Kazini a cash bail of sh2m and his sureties bonded at sh1m, not cash. Kazini is also ordered to report to the court twice a month.
Former army commander Maj. Gen. James Kazini was yesterday charged at the General Court Martial at Makindye over creating 440 ghost soldiers in the army payroll. Maurice Okore and Hillary Kiirya
10:00am: Kazini arrives at the court driving in a Mercedes Benz model SE 500 with his lawyer, Ham Mwebembezi. He is dressed in well pressed military uniform and is carrying a notebook and a small bag.
10:11am: He immediately moves to the court cells.
10:45am: Kazini’s friends, Kwame Ruyondo, a city businessman and National Social Security Fund legal officer Francis Ninye, arrive at the court. They rush to the court cells to see him. Ruyondo asks Kazini if he has contacted some people to stand surety for him. Kazini tells him that he does not want to bother people.
“If I committed any offence, I committed it alone,†Kazini replies.
11:00am: Kazini sends his aide for five bottles of Rwenzori mineral water. The polythene bag in which the bottles of water are being carried in is briefly screened at the quarter-guard before the aide delivers the water to Kazini.
11:33am: Ruyondo and Ninye rush to town to try and get sureties for Kazini and also to inform his friends about his detention.
12:40pm: Court Martial chairman Gen. Elly Tumwine’s convoy arrives at breakneck speed. Tumwine heads for his office, where he spends another 20 minutes.
1:00pm: The general public and the press are allowed into the courtroom. Tumwine enters the courtroom and the audience stands up in respect as he heads for his seat.
Col. John Mateeka: Good afternoon Sir, the court is ready to proceed.
Tumwine: Sit down.
The court registrar announces that the court is ready to proceed.
Tumwine: Proceed.
Registrar: Uganda vs RA00331 Maj. Gen. James Kazini.
1:15pm: The sergeant at Arms salutes and rushes to the court cells to pick Kazini, who appears in the dock still carrying his notebook and bag.
Mwebembezi: For the record I am Ham Mwebembezi. I am representing the accused.
Sserwanga: I am Sam Sserwanga for the State and Christopher Madrama, Maj. Moses Wandera and Captain Oryem assist me.
Tumwine: What language do you understand?
Kazini: English.
Tumwine: Do you have any objection with any of the members of the court hearing your case?
Kazini: I don’t know any of the members so I have no objection.
Tumwine: The Republic of Uganda, Uganda People’s Defence Forces in the General Court Martial holden at Makindye.
RA00331 Maj. Gen. James Kazini, a male adult, senior officer of the regular forces of the UPDF, formerly the army commander of the UPDF is hereby charged with disobedience of lawful orders.
It is alleged that while at Bombo army headquarters, Luweero district between March 2002 and October 2003 being the army commander, having received orders in March 2002 from the commander-in-chief stopping the transfer of militants, you disobeyed the directive and transferred the soldiers. Have you understood the charges?
Kazini: Your worship, I have heard the charges but the army number is wrong. My number is RA00133 not 331.
Tumwine: But have you understood the charges?
Kazini: I have understood the English aspect.
Tumwine: But have you heard about them?
Kazini: It is the first time I am hearing about these charges.
Tumwine: So are you guilty or not guilty?
Kazini: I am not guilty.
Sserwanga: investigations are in advanced stages. I ask for a mention date to be fixed. But we require three months to complete inquiries.
Tumwine: Why do you need all that time?
Mwebembezi: The matter has been under investigations for a very longtime. It is a little oppressive for prosecution to take a very long time. I request for three weeks.
Sserwanga: We want three months so that we get our witnesses ready to testify.
Tumwine: Is December 13 okay for mention?
Sserwanga: It’s ok.
Mwebembezi: It’s ok.
Mwebembezi: My client wants to appear for bail.
Sserwanga: But there are still some charges the accused has not yet pleaded to.
Tumwine: How many?
Sserwanga: Several charges but the charge sheets have not yet been signed.
2:28pm: A court orderly picks the new charge sheets from Sserwanga and hands them over to Tumwine for signing. The charge sheets are then distributed to all members of the court.
Tumwine: Second charge. Statement of offence. Maj. Gen. Kazini, it is alleged that you, while at Bombo, between March 2002 and June 2003 being the army commander, neglected to ascertain or manage the strength of UPDF, which duty you were required to perform by virtue of your appointment. Have you understood the charges?
Kazini: Yes I have understood but I am not guilty.
Sserwanga: There is an amended charge where he is charged with other officers.
Tumwine: Where are the other suspects?
Sserwanga: They are on bail and they will take plea a fresh when they return to court.
Tumwine: Count 1, causing financial loss (2), you Maj. Gen James Kazini and .......... between the months of December 2002 and June 2003, while at Bombo UPDF general headquarters in Luweero, being persons employed by the UPDF/government of Uganda, in performance of their duties as the army commander.......respectively did or directed to be done an arbitrary act prejudicial to the interest of their employer by inflating the Nakasongola reception Centre nominal roll, knowing or having reason to believe that such an act will cause financial loss of sh200m to the UPDF/ Government of Uganda. Do you plead guilty or not guilty?
Kazini: Not guilty, your worship.
Tumwine: Count 2, abuse of office (2). It is alleged that you Maj. Gen. James Kazini and others, in abuse of your respective offices, did or directed to be done an arbitrary act prejudicial to the interests of your employer, misappropriated sh200m being the balance of the funds meant for the salaries of soldiers under Nakasongola Reception Centre. Do you plead guilty or not guilty?
Kazini: Not guilty, your worship.
Tumwine: Count 3, forgery. It is alleged that you Maj. Gen. James Kazini and others, while at Bombo army headquarters in Luweero district in March 2003, with intent to defraud, forged the summary strength/breakdown of 507 brigade by adding an extra of 440 soldiers. Do you plead guilty or not guilty?
Kazini: Not guilty your worship.
Tumwine: Count 4, conspiracy to defraud. It is alleged that you Maj. Gen. James Kazini and others conspired to defraud the UPDF/Government of sh61,740, 800 by inflating the payroll of the 507 Brigade. Do you plead guilty or not guilty?
Kazini: Not guilty your worship.
Tumwine: Count 5, uttering false documents. It is alleged that You Maj. Gen. James Kazini, knowingly and fraudulently, uttered to the Directorate of Finance, false payroll of the 507 brigade with additional number of 440 soldiers. Are you guilty or not guilty?
Kazini: Not guilty
2:45pm: Kazini’s lawyer applies for bail.
Mwebembezi: The offences read out against the accused are all bailable and the Constitution says that bail is a constitutional right. The accused, as indicated in the charge sheet, is a senior army officer and a former army commander. He has held distinguished offices some of which you are aware of. He was aware of the pending charges while in the Republic of Nigeria for military training but he returned to the country.
He received summons yesterday when he was in Kasese to appear before this court and he has duly complied. Because of time the accused has not been able to identify any army officers of his rank as required by this court to stand surety for him.
We have communicated to two or three officers we could access but they could not make it to this court. We have substantial but non-military sureties.
Tumwine: Where are the sureties?
Mwebembezi: They are seated over there.
Tumwine: Can they please stand up?
3:39pm: Ruyondo and Ninye stand up.
Tumwine: Move nearer.
3:40pm: Ruyondo and Ninye present to the lawyer their identification papers.
Tumwine: Do they know the duties of a surety?
Mwebembezi: One of the sureties is an advocate of this court so he knows the consequences if he fails to ensure that the accused returns to the court as required. The other surety is also aware of his duties.
Sserwanga: I have no doubt that the sureties presented before this court as substantial. But the practice of this court is that the accused has to present people of his rank or above him. This is to ensure that the accused attends trial. The accused is a high ranking army officer. One of his sureties must be at the rank of General because I do not think a businessman can monitor whether such a high ranking army officer has attended court or not.
Tumwine asks audience to leave to allow them deliberate on the bail application.
3:49pm: Public is invited back and ruling on the bail application is immediately passed, granting Kazini a cash bail of sh2m and his sureties bonded at sh1m, not cash. Kazini is also ordered to report to the court twice a month.