Court declines to release city lawyer Kasango on bail

KAMPALA - The Court of Appeal has declined to release on bail Kampala prominent lawyer Bob Kasango, who was last year sentenced to 16-years-imprisonment for stealing public funds amounting to sh15.5b.

The Anti-Corruption Court judge Margret Tibulya also ordered Kasango to pay sh5b to the government as compensation and sentenced his co-convicts Jimmy Lwamafa, Christopher Obey and Stephen Kiwanuka Kunsa to 9, 14 and 9 years respectively, in addition to each paying government sh3.5b.

Jimmy Lwamafa is the former public service permanent secretary, Christopher Obey, the principal accountant and Stephen Kiwanuka Kunsa, the director of pensions.

The trial judge convicted the public service officials, ruling that they irregularly diverted public funds and paid Kasango's law firm sh15.4b as legal fees and costs, the money, which was budgeted for pension and gratuity.

The trial judge also convicted Kasango, saying that he requested for payments from the Ministry of Public Service before the bill of costs was taxed. Bill of costs is money paid to a lawyer for representing a client.

On Thursday, appeal court judge Ezekiel Muhangunzi declined to grant Kasango bail on grounds that he has not proved that he has fixed the place of abode within the jurisdiction of the court.

The judge said Kasango has not shown that he has been a resident of Butabika in Kampala, where he states that he has lived for three years with his family.

"Kasango promised to avail a letter of introduction to this court but up to the time of writing this ruling, no such letter has been availed. He has, therefore, not shown if he owns the property he resides or he is a mere tenant there," the judge observed.

The judge also said the lawyer did not prove any exceptional circumstances to warrant grant of bail.

"For the foregoing reasons, I am unable to grant the applicant bail and I hereby dismiss this application, "he ruled.

Kasango had sought for bail on grounds that he suffers from cardiac complications for which he requires specialised and expert medical attention and that he had been recommended to undergo corrective heart surgery.

Background

In August 2011 court directed the government to pay 6,339 pensioners in the taxation case at the civil court.  Lawyer John Matovu represented them in court.

Matovu was then advised by his friends, to procure services of an NRM lawyer or one that knew influential people in government to secure the payment and hence landed on Kasango.

The taxation was to help the servicemen who had earlier won a case against the government for irregularly retrenching them, to get their damages, costs and pension.

However, the bill of costs was taxed, Kasango allegedly forged judicial documents and then wrote to the public service ministry asking for payment and he was paid the money.

Court documents indicate that Matovu signed a memorandum of understanding with Kasango and tasked him to collect his (Matovu) legal fee, which was 15% of the money that was to be paid to the pensioners as damages.  Kasango was to get 1% from the 15% but ended up pocketing all the money.