Court of appeal delays verdict of former NSSF boss

Jun 26, 2016

David Chandi Jamwa was found guilty of causing financial loss and sentenced to 12 years. He was also barred from public office for 10 years.

It is two years since Court of Appeal heard an appeal filed by former director of National Social Security Fund (NSSF) who was convicted of causing loss of sh3b, to date the verdict is still unknown.

David Chandi Jamwa was found guilty of causing financial loss and sentenced to 12 years. He was also barred from public office for 10 years.

After court heard the appeal on October23, 2014, presided over by deputy chief Justice Steven Kavuma, Rubby Opio Aweri and Kenneth Kakuru, Justice Kavuma indicated that the judgment would be on notice, but since then the judgment is still pending.

Jamwa through his lawyer AF Mpanga & Company Advocates appealed against conviction and sentence, he has been on bail for over three years pending his appeal. He was convicted in February2011.

Justice John Bosco Katusi however acquitted Jamwa of the charges of abuse of office saying prosecution had not proved the case. Jamwa had been charged with abuse of office and causing financial loss of sh3b, which NSSF would have earned if the Treasury Bills had been allowed to mature.

The Inspectorate of Government (IGG) also crossed - appeal against his acquittal in regard to abuse of office.

Jamwa's lawyer during the hearing of the appeal asked the justices to acquit him of the charges on grounds that the trial judge Katutsi erred in law.

The defence lawyer argued that the judge erred in law when he convicted Jamwa of causing financial loss, when Jamwa did not act on his own as far as investing in bonds was concerned.

State attorney Rogers Kinobe from Inspectorate of Government (IGG) office asked Court of Appeal to uphold the conviction and sentence on causing finance loss .He also asked court to find Jamwa guilty of abuse of office.

Kinobe argued that the trial judge did not err in law because the evidence of causing financial loss was overwhelming against Jamwa

Prosecution said that Jamwa arbitrarily sold off several NSSF bonds to Crane Bank before their maturity dates, which led to the loss. This happened between September and November 2007 when Jamwa was NSSF boss.

Prosecution in addition, said, Jamwa allegedly instructed the bank to sell two-year bonds worth sh19b and sh9.7b on November 2, 2007, some 27 days before the date of maturity.

Attempts to get comments from Court of Appeal why the judgment has taken long without being delivered were futile.

An official from IGG who asked not to be named said since the appeal was heard two years ago, no communication has been given about the delay.

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