Judge rejects Kasango's sickness plea, won't release passport

Mar 22, 2017

According to his lawyers, Kasango is suffering from heart failure, pneumonia and recurrent blood clot in the lungs

Justice Margaret Tibulya of the Anti-Corruption Court has rejected city lawyer, Bob Kasango's sickness pleas and directed the continuation of hearing of the sh15b pension's case.

Kasango who is facing trial over the money that was irregularly paid to his defunct law firm, Hall and Partners, in 2012, had filed for the release of his passport to be able to travel out of the country for specialized medical treatment.

According to his lawyers, Kasango is suffering from several complications including heart failure, pneumonia and recurrent blood clot in the lungs. They also submitted his medical report from a private specialist.

Tibulya instead directed that he be examined at Mulago National Referral Hospital and when the report was released by the Uganda Heart Institute, she said that there was no indication that Kasango's complications could not be handled in Uganda.

"We have received the report from the heart institute, but it has not indicated that they cannot manage his complications here," she said.

Tibulya also declined to release his passport and instead set a date for the mention of the case such that the trial can continue.

It is alleged that in 2012, sh15.4b was paid to Kasango's defunct law firm as legal fees by Jimmy Lwamafa, Christopher Obey and Stephen Kiwanuka Kunsa, former Permanent Secretary, Principal Accountant  and commissioner pensions, respectively, yet the money was meant for payment of pensions and gratuity to 6,337 ex-civil servants.

Together with Milton Mutegeyi, a court clerk, Kasango allegedly forged a certificate of order, costs and taxation against government for the payment of the money.

The payment was in regard to a civil suit involving 6,337 retrenched civil servants and government in 1998 for delayed payment of their pension.

Justice Vincent Kibuuka Musoke in his ruling in 2000 ordered government to pay them sh4.5m each, as damages. This totalled to about sh28b.

Lwamafa, Obey and Kunsa are currently serving seven, ten and five years, respectively, in Luzira Prison for causing government a financial loss of sh88.2b by illegally budgeting for social security in 2010/11 and 2011/12, yet public servants do not pay a social security contribution.

Yesterday, Kunsa was unable to appear in court after prisons officers reported that he was ill.

Tibulya has set April 5th, for mention and the hearing will commence on April 24th.

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