Businessman remanded over theft of tenant's property

CRIME|COURT|MOSES KIRUMIRA

Buganda Road Chief Magistrates' Court on Friday remanded Kampala-based businessman Moses Kalungi Kirumira to Kitalya Prison on allegations of shop breaking and theft of his tenant's property.

Kalungi, 50, was charged and remanded alongside his son, Moses Kabuye, 30.

Prosecution alleges that Kalungi aka Bill Gates, his son and others still at large on April 27, 2020, broke into a shop run by Vasgaragbet Limited in Kalungi Plaza in Kampala and stole items valued at $12,000 (sh44m).

The items listed on the charge sheet are five compressor air conditioners, keys to a safe, a generator, 23 Hisense fl at TV screens and six air conditioner remotes control devices.

Appearing before Grade One Magistrate Gladys Kamasanyu, the accused denied the charges.

There was drama in the court when Kalungi's wife wept uncontrollably after seeing her husband in the dock.

According to the Penal Code Act, on conviction, the offence of theft attracts a maximum sentence of 10-year jail term, while shop breaking and conspiracy to commit a felony elicits a seven-year jail term.

After the charges were read out to the accused, state prosecutor Peter Mugisha informed court that investigations were complete and requested court to fi x a hearing date.

COURT ORDER

However, Kalungi's lawyers, Justus Kiggundu and Paul Kiggundu, objected to the charges, arguing that the alleged break-in at the shop occurred at the time when the accused were in possession of a court order issued by the Magistrates' Civil Court at Mengo on September 24, 2019.

"The same order was cleared by the Police on October 2, 2019. It was even

enforced by the Central Police Station CID Divisional Police Commander," Kiggundu said. Kiggundu submitted that the court order is still in force and no application has been filed to set it aside. "The offences are in furtherance in contempt of court."

However, the state prosecutor submitted that the court order and Police clearance letter furnished in court were neither original nor certified as public documents.

"This brings suspicion as to whether the documents are authentic. Court cannot rely on the copies supplied before court to pronounce that civil court has issued the order," he argued. He, therefore, asked court to dismiss the lawyer's objection. The magistrate remanded the accused and adjourned the case to September 10, for a ruling.