Prosecution asks court to convict Kazinda over 316m

The state has asked court to convict Geofrey Kazinda, the former principal accountant in the office of the prime (OPM) minister for embezzling sh316m.

State attorneys Tom Walugembe and  David  Bisamunyu  on  Friday told the  Anti- Corruption  Court in Kololo, Kampala  presided  over by  Justice Lawrence  Gidudu  that  Kazinda and  Beatrice Kezabu ,a  former  assistant resettlement officer in  OPM conspired  to defraud government  of sh316m.

Walugembe also asked  Justice Gidudu to convict Shamim Masembe a businesswoman and Hussein Katumwa station manager of Total Service station Ntinda1, who are accused of conspiring with Kazinda and Kezabu to defraud OPM of sh316m.

The  state attorneys submitted that  prosecution  has  proved  beyond  reasonable  doubt  that  Kazinda  illegally authorised payment for fuel.
 

"My Lord, there is evidence to show that (A1) Kazinda authorised payment for fuel for which there had been no requisition.(A2) Kezabu had picked blank fuel authorised forms and  invoice books of Total Ntinda 1 Service Station. She also filled the fuel authorised forms and gave forged fuel authorised forms and invoices as accountability to (A1) Kazinda," Walugembe said.

Walugembe said Masembe facilitated the common agreement by withdrawing sh316m and gave it to Katumwa who handed the money to Kazinda.
 

The state attorneys were giving their closing submission at the trial of Kazinda, Kezabu, Masembe and Katumwa at the Anti- Corruption High Court in Kololo.The accused denied defrauding government of sh316m.

"The actions of the accused persons were by deceit and fraudulent means as they were not within the normal course of business. It is our submission that this ingredient was proved to the required standard by the prosecution," Walugembe said.

Defence  lawyers  Paul  Rutisya, Mackay Robert  and  Precious  Ngabirano who appeared on behalf of the  four accused  asked  court to acquit  them  of  all the  charges saying  no single charge had been proved by the prosecution.

Rutisya, who represents Kazinda argued that no witness from dfcu bank was called to ascertain whether the money in dispute was paid.

Kazinda is facing charges of embezzlement and conspiracy to defraud . Kezabu is facing charges of conspiracy to defraud, embezzlement, fraudulent false accounting and  forgery. Masembe and Katumwa are charged with conspiracy to defraud.

Prosecution case

The prosecution case is that Kazinda allegedly made an unauthorised payment of sh316,893,456  to Total Ntinda 1 Fuel Station owned by Masembe  and managed by Katumwa . Kezabu then  made fictitious accountability for the said fuel by allegedly forging fuel authorisation forms (orders forms) which was then forwarded to Kazinda.
 

 It is  also prosecution's  case that upon  payment of the  money  to the fuel station account, Katumwa  advised Masembe  who  is  the sole signatory to  the  account to withdraw the money  from dfcu bank  and  hand it back to  Kazinda. Prosecution alleged that the accused   committed   the offences between June 2010 and February 2011.

Other cases against Kazinda

Kazinda, 46, is also alleged by the Inspectorate of Government (IGG) to have amassed wealth estimated at sh4.6b which is not commensurate with his known income as the then civil servant.

The IGG said Kazinda's known income for the period between 2009 and 2012 was established to be sh83.7m.

It is alleged that Kazinda maintained luxurious standard of living when he rented and occupied Constellation Suits at Nakasero and apartments at Sheraton Hotel in Kampala for a period of ten months at sh210m.

Kazinda  is also  accused by IGG of being in possession of a house in  Bukoto  city suburb and land situated at Kyadondo Mengo West , Volume 213 , Folio  21, plot  2132 valued at sh3.1b.

In another charge,Kazinda is accused of being in possession of motor vehicles BMW, Mercedes Benz, Dodge Saloon car, Mercedes Benz ML Class estimated at sh769m.He denied the charge, the case is yet to be fixed for hearing.

In a separate case which is fixed for hearing before Justice Margaret Tibulya of Anti- Corruption High Court, Kazinda is charged jointly with three former officials from the Ministry of Finance, Planning and Economic Development over diverting public fund amounting to a sh20b.

Wilbert  Okello  a principal  system analyst,  David Mugisha a senior economist  and  Bright Atwine a  senior  accountant  were charged with diverting funds intended  for  the  Peace Recovery and Development  plan for  Northern  Uganda. They denied the charges.