General Kazini appeals prison sentence
Mar 29, 2008
MAJOR. Gen. James Kazini’s lawyers have filed an appeal against his conviction by the General Court Martial that sentenced him to three years imprisonment on Thursday. The General Court Martial, chaired by Lt. Gen. Ivan Koreta found Kazini guilty of causing financial loss to the UPDF and the Gover
By Charles Ariko
MAJOR. Gen. James Kazini’s lawyers have filed an appeal against his conviction by the General Court Martial that sentenced him to three years imprisonment on Thursday.
Gen Kazini jailed for 3 years
Who is Gen. Kazini
Proceeding at Gen. Kazini's sentencing
Alex Bashasha, the lead counsel yesterday said: “We have appealed against everything in that judgement. You cannot be acquitted on all the other counts and be convicted on one. On the other counts, they said he was not involved, how come he was convicted on the other allegations.â€
The General Court Martial, chaired by Lt. Gen. Ivan Koreta and assisted by a panel of six members, found Kazini guilty of causing financial loss to the UPDF and the Government.
Court found Kazini guilty of causing the loss of sh 61m belonging to the 507 Brigade, which was based in the DR Congo at that time.
According to the judgment, the money, which was meant for operations, was handed over to Kazini by the then Brigade Commander, Lt. Col. Dura Mawa Muhindo, after he withdrew it from the then Uganda Commercial Bank, Kasese branch.
Mawa was jointly charged with Kazini and two others. Kazini’s aide de camp, Lt. Kenneth Ayebare, was acquitted.
Lt. Col. Mawa and Capt. Michael Baryaguma were convicted on the other offences that included creating ghost soldiers, forgery and uttering false documents and causing financial loss.
The court, however, acquitted Kazini on the charges of creating ghost soldiers, forgery and of uttering false documents.
“Everything was unfair. We are waiting for the Court Martial Appeal Court to fix a date for the appeal,†Bashasha said.
Sam Serwanga, a lawyer with Katende Sempebwa and Company Advocates, the firm that prosecuted the case for the State could not comment on the matter.
“We cannot say much. The law allows them to appeal. We shall wait and see the grounds of the appeal then we take the matter to our bosses to advise us,†Serwanga said.
Commenting on the decision, the Leader of the Opposition, Prof. Ogenga Latigo, said convicting Kazini without asking him to pay back the money was not enough.
“All those implicated should pay for the loss they caused to the people, on top of being convicted. Some officers have accumulated wealth because of corruption.
“Property acquired in such ways should be sold and the money returned to the state,†Latigo added.
The Uganda Peoples Congress secretary general, Peter Walubiri, said Kazini’s conviction was an administrative measure by President Yoweri Museveni to discipline him.
“Kazini was just disobedient. Museveni is not fighting corruption. The moment Kazini sorts out his problems with Museveni, he will get out of jail on an appeal.â€
MAJOR. Gen. James Kazini’s lawyers have filed an appeal against his conviction by the General Court Martial that sentenced him to three years imprisonment on Thursday.
Gen Kazini jailed for 3 years
Who is Gen. Kazini
Proceeding at Gen. Kazini's sentencing
Alex Bashasha, the lead counsel yesterday said: “We have appealed against everything in that judgement. You cannot be acquitted on all the other counts and be convicted on one. On the other counts, they said he was not involved, how come he was convicted on the other allegations.â€
The General Court Martial, chaired by Lt. Gen. Ivan Koreta and assisted by a panel of six members, found Kazini guilty of causing financial loss to the UPDF and the Government.
Court found Kazini guilty of causing the loss of sh 61m belonging to the 507 Brigade, which was based in the DR Congo at that time.
According to the judgment, the money, which was meant for operations, was handed over to Kazini by the then Brigade Commander, Lt. Col. Dura Mawa Muhindo, after he withdrew it from the then Uganda Commercial Bank, Kasese branch.
Mawa was jointly charged with Kazini and two others. Kazini’s aide de camp, Lt. Kenneth Ayebare, was acquitted.
Lt. Col. Mawa and Capt. Michael Baryaguma were convicted on the other offences that included creating ghost soldiers, forgery and uttering false documents and causing financial loss.
The court, however, acquitted Kazini on the charges of creating ghost soldiers, forgery and of uttering false documents.
“Everything was unfair. We are waiting for the Court Martial Appeal Court to fix a date for the appeal,†Bashasha said.
Sam Serwanga, a lawyer with Katende Sempebwa and Company Advocates, the firm that prosecuted the case for the State could not comment on the matter.
“We cannot say much. The law allows them to appeal. We shall wait and see the grounds of the appeal then we take the matter to our bosses to advise us,†Serwanga said.
Commenting on the decision, the Leader of the Opposition, Prof. Ogenga Latigo, said convicting Kazini without asking him to pay back the money was not enough.
“All those implicated should pay for the loss they caused to the people, on top of being convicted. Some officers have accumulated wealth because of corruption.
“Property acquired in such ways should be sold and the money returned to the state,†Latigo added.
The Uganda Peoples Congress secretary general, Peter Walubiri, said Kazini’s conviction was an administrative measure by President Yoweri Museveni to discipline him.
“Kazini was just disobedient. Museveni is not fighting corruption. The moment Kazini sorts out his problems with Museveni, he will get out of jail on an appeal.â€