Kazini loses appeal, goes to highest court
Oct 12, 2009
THE Constitutional Court yesterday dismissed a petition filed by former army commander Maj. Gen. James Kazini in which he had challenged his prosecution, trial and conviction by the court martial.
By Charles Ariko
THE Constitutional Court yesterday dismissed a petition filed by former army commander Maj. Gen. James Kazini in which he had challenged his prosecution, trial and conviction by the court martial.
All the five judges dismissed the petition, saying Kazini could have used other options available through the civil courts to address the issues he raised.
In March 2008, Kazini was convicted and sentenced to three years imprisonment for causing financial loss of over sh61m to the Government.
At the time of his conviction, Kazini was also facing a string of other charges that included forgery, uttering false documents, conspiracy to defraud and disobedience of orders.
Some cases at the army court were halted awaiting the ruling of the Constitutional Court, that was delivered yesterday.
After he appealed against his conviction, Kazini, who had spent some days in Luzira Prison, was released on bail pending the outcome of his appeal.
The dismissal of his petition would ordinarily mean that he now goes back to the army’s appeal court.
“All the issues raised in the petition concerned merely enforcement by the petitioner of the options available under the civil court rules,†said the lead judge, Alice Mpagi Bahigeine.
“I dismiss the petition with costs. He is not entitled to any of the declarations or remedies sought.â€
Kazini had argued that he was unfairly tried by different court panels.
He also alleged discriminatory treatment because he was tried by the army court instead of the civil courts, like some of his colleagues.
He said being tried by the court martial meant he would lose his rank and be dismissed with disgrace from the army. Kazini’s lawyer Kenneth Kakuru yesterday said he would appeal against the ruling of the Constitutional Court before the Supreme Court, the highest in the land.
“We are not convinced by the ruling. We are going to appeal,†Kakuru told The New Vision.
THE Constitutional Court yesterday dismissed a petition filed by former army commander Maj. Gen. James Kazini in which he had challenged his prosecution, trial and conviction by the court martial.
All the five judges dismissed the petition, saying Kazini could have used other options available through the civil courts to address the issues he raised.
In March 2008, Kazini was convicted and sentenced to three years imprisonment for causing financial loss of over sh61m to the Government.
At the time of his conviction, Kazini was also facing a string of other charges that included forgery, uttering false documents, conspiracy to defraud and disobedience of orders.
Some cases at the army court were halted awaiting the ruling of the Constitutional Court, that was delivered yesterday.
After he appealed against his conviction, Kazini, who had spent some days in Luzira Prison, was released on bail pending the outcome of his appeal.
The dismissal of his petition would ordinarily mean that he now goes back to the army’s appeal court.
“All the issues raised in the petition concerned merely enforcement by the petitioner of the options available under the civil court rules,†said the lead judge, Alice Mpagi Bahigeine.
“I dismiss the petition with costs. He is not entitled to any of the declarations or remedies sought.â€
Kazini had argued that he was unfairly tried by different court panels.
He also alleged discriminatory treatment because he was tried by the army court instead of the civil courts, like some of his colleagues.
He said being tried by the court martial meant he would lose his rank and be dismissed with disgrace from the army. Kazini’s lawyer Kenneth Kakuru yesterday said he would appeal against the ruling of the Constitutional Court before the Supreme Court, the highest in the land.
“We are not convinced by the ruling. We are going to appeal,†Kakuru told The New Vision.