Court martial releases Kazini on bail
Apr 22, 2008
FORMER army commander Maj. Gen James Kazini was yesterday released on bail after four generals agreed to stand surety for him. Kazini was serving a three-year jail sentence for causing a sh61m financial loss to the army.
By Charles Ariko
FORMER army commander Maj. Gen James Kazini was yesterday released on bail after four generals agreed to stand surety for him. Kazini was serving a three-year jail sentence for causing a sh61m financial loss to the army.
He had asked the military appeal court to overturn the sentence and also grant him bail.
After a day-long hearing, the Court Martial Appeal Court granted him bail at 2:00pm provided he produced two credible sureties. Within an hour, Kazini mobilised generals Salim Saleh, Kahinda Otafiire, Jeje Odongo and Z.B. Maruru. The court also bonded him for sh20m and his sureties for sh10m each.
Kazini was also asked to deposit his passport to the court and report fortnightly. The former army chief was sentenced about three weeks ago and had spent 26 days in Luzira Prison.
Yesterday, his co-accused, Lt. Col. Mawa Muhindo and Capt. Michael Baryaguma were also granted bail on the same terms. To justify his case for bail, Kazini, who faces other charges of disobeying the commander in chief, argued that he was old, well-behaved and suffered from a kidney disease.
The court chairman, Justice Elly Turyamubona, who was assisted by Majors Charles Wacha and Godfrey Rwababa, concurred with Kazini.
It was because of Kazini’s good character, Turyamubona said, that he was promoted to the rank of chief of staff and later appointed army commander.
“This court has the jurisdiction to grant bail to any convicted person. The requirement of exceptional circumstances in this case is null and void. Bail should not be refused as a form of punishment,†Turyamubona said to sighs of relief from Kazini’s relatives and friends who attended the court session.
The prosecutors, however, had said Kazini’s arguments were flimsy.
They argued that the medical report did not indicate that Kazini needed medical treatment unavailable at the Prisons Hospital.
“The medical report from the prisons authorities says the applicant (Kazini) is suffering from Nicotine Withdrawal Syndrome. As far as the Prisons doctors are concerned, that situation can be managed from where he is detained,†prosecutor Samuel Sserwanga said.
But Turyamubona said: “The appellant did not jump bail nor abscond from court during his trial. Even when he was informed while in Nigeria attending the War College that he would be charged, he willingly came and was charged.â€
Kazini had earlier presented businessman Kwame Ruyondo and city advocates Enock Rukidi and Francis Ninye as sureties whom the court said were inadequate.
As a Major General, his sureties had to be of the same or higher rank. Kazini smiled when the ruling was made, after sitting through the ruling grim-faced.
Immediately after the ruling, Kazini and his co-accused left the metal barricaded dock smiling but were whisked back to the cells by the Military Police. His lawyer and wife Phoebe were allowed to talk to him.
Shortly after, Kazini was led to a waiting military pick up truck that was waiting to take him to Luzira where he had to be officially discharged.
FORMER army commander Maj. Gen James Kazini was yesterday released on bail after four generals agreed to stand surety for him. Kazini was serving a three-year jail sentence for causing a sh61m financial loss to the army.
He had asked the military appeal court to overturn the sentence and also grant him bail.
After a day-long hearing, the Court Martial Appeal Court granted him bail at 2:00pm provided he produced two credible sureties. Within an hour, Kazini mobilised generals Salim Saleh, Kahinda Otafiire, Jeje Odongo and Z.B. Maruru. The court also bonded him for sh20m and his sureties for sh10m each.
Kazini was also asked to deposit his passport to the court and report fortnightly. The former army chief was sentenced about three weeks ago and had spent 26 days in Luzira Prison.
Yesterday, his co-accused, Lt. Col. Mawa Muhindo and Capt. Michael Baryaguma were also granted bail on the same terms. To justify his case for bail, Kazini, who faces other charges of disobeying the commander in chief, argued that he was old, well-behaved and suffered from a kidney disease.
The court chairman, Justice Elly Turyamubona, who was assisted by Majors Charles Wacha and Godfrey Rwababa, concurred with Kazini.
It was because of Kazini’s good character, Turyamubona said, that he was promoted to the rank of chief of staff and later appointed army commander.
“This court has the jurisdiction to grant bail to any convicted person. The requirement of exceptional circumstances in this case is null and void. Bail should not be refused as a form of punishment,†Turyamubona said to sighs of relief from Kazini’s relatives and friends who attended the court session.
The prosecutors, however, had said Kazini’s arguments were flimsy.
They argued that the medical report did not indicate that Kazini needed medical treatment unavailable at the Prisons Hospital.
“The medical report from the prisons authorities says the applicant (Kazini) is suffering from Nicotine Withdrawal Syndrome. As far as the Prisons doctors are concerned, that situation can be managed from where he is detained,†prosecutor Samuel Sserwanga said.
But Turyamubona said: “The appellant did not jump bail nor abscond from court during his trial. Even when he was informed while in Nigeria attending the War College that he would be charged, he willingly came and was charged.â€
Kazini had earlier presented businessman Kwame Ruyondo and city advocates Enock Rukidi and Francis Ninye as sureties whom the court said were inadequate.
As a Major General, his sureties had to be of the same or higher rank. Kazini smiled when the ruling was made, after sitting through the ruling grim-faced.
Immediately after the ruling, Kazini and his co-accused left the metal barricaded dock smiling but were whisked back to the cells by the Military Police. His lawyer and wife Phoebe were allowed to talk to him.
Shortly after, Kazini was led to a waiting military pick up truck that was waiting to take him to Luzira where he had to be officially discharged.