Convicted Mbarara magistrate granted bail
Dec 23, 2009
Mbarara Grade II magistrate Moses Ndifuna, who was convicted of receiving a sh200,000 bribe, was on Tuesday granted bail by the Court of Appeal.
By Edward Anyoli
Mbarara Grade II magistrate Moses Ndifuna, who was convicted of receiving a sh200,000 bribe, was on Tuesday granted bail by the Court of Appeal.
Justice John Bosco Katutsi of anti- corruption court convicted Ndifuna on November 16, for receiving a bribe from Murishid Senkaya, a businessman in Mbarara. Katutsi sentenced Ndifuna to two years in prison.
However, Ndifuna appealed, saying the trial judge erred in his sentence and wants it overturned.
He said the judge did not evaluate the evidence on record, saying he should have been acquitted.
Justice Steven Kavuma released Ndifuna on a non-cash bond of sh5m, pending his appeal challenging the conviction by the High Court.
In a ruling, delivered by the registrar of the Court of Appeal, Deo Nzeyimana, Kavuma ordered Ndifuna to deposit his passport in court.
He also directed Ndifuna to report to the office of the registrar every fourteenth day of the month starting from December 23.
During the hearing of the bail application, the Principal State Attorney, Sarah Birungi opposed the bail application, saying Ndifuna would not turn up for the appeal.
Birungi said the possibility of Ndifuna jumping bail was high because of fear to serve his sentence.
She submitted that court should not grant Ndifuna bail because he is a convict who could any time abscond his bail.
However, Ndifuna’s lawyer Robert Ntuyo pleaded with court, saying his client should not be denied bail because it is his constitutional rights.
Nzeyimana said the appeal would be heard in the coming session.
Mbarara Grade II magistrate Moses Ndifuna, who was convicted of receiving a sh200,000 bribe, was on Tuesday granted bail by the Court of Appeal.
Justice John Bosco Katutsi of anti- corruption court convicted Ndifuna on November 16, for receiving a bribe from Murishid Senkaya, a businessman in Mbarara. Katutsi sentenced Ndifuna to two years in prison.
However, Ndifuna appealed, saying the trial judge erred in his sentence and wants it overturned.
He said the judge did not evaluate the evidence on record, saying he should have been acquitted.
Justice Steven Kavuma released Ndifuna on a non-cash bond of sh5m, pending his appeal challenging the conviction by the High Court.
In a ruling, delivered by the registrar of the Court of Appeal, Deo Nzeyimana, Kavuma ordered Ndifuna to deposit his passport in court.
He also directed Ndifuna to report to the office of the registrar every fourteenth day of the month starting from December 23.
During the hearing of the bail application, the Principal State Attorney, Sarah Birungi opposed the bail application, saying Ndifuna would not turn up for the appeal.
Birungi said the possibility of Ndifuna jumping bail was high because of fear to serve his sentence.
She submitted that court should not grant Ndifuna bail because he is a convict who could any time abscond his bail.
However, Ndifuna’s lawyer Robert Ntuyo pleaded with court, saying his client should not be denied bail because it is his constitutional rights.
Nzeyimana said the appeal would be heard in the coming session.