AG, DPP want Kazinda release from jail blocked

The Supreme Court has been asked to block the release of Godfrey Kazinda, the former principal accountant in the Office of the Prime Minister.

Deputy DPP Charles Elem appeared before Justice Rubby Opio Aweri on Tuesday seeking to halt the order of the Constitutional Court that quashed Kazinda's conviction.

The DPP and Attorney General want the execution of the Constitutional Court ruling halted pending the appeal that has been filed in the Supreme Court.

In August, the Constitutional Court acquitted Kazinda of all the charges of embezzlement, forgery and unlawful possession of government stores, on which he had been convicted by the High Court.

The Constitutional Court ordered that all charges against Kazinda should be dropped except for the charge of illicit enrichment of sh4.6b, which is being prosecuted by the Inspectorate of Government (IG).

The Constitutional Court also issued an order permanently prohibiting the state from using any process of court to initiate and prosecute Kazinda of any offences basing on the same facts in connection with his former employment.

The deputy DPP, Vincent Wagona, said in an affidavit that if the order being sought is not granted pending the hearing of the appeal, the criminal justice will suffer irreparable setback such as the case where Kazinda was charged with allegedly embezzling sh20b.

Principal state attorney from the Attorney General's office, Richard Adrole, told court that Kazinda has also filed an application seeking to quash all proceedings against him at the Anti-Corruption Court, adding that there is a threat if the interim order is not issued.

Prosecution argues the office of the DPP has been overwhelmed by several complaints filed by other accused individuals challenging the constitutionality of their trial, citing the decision in Kazinda's case.

The DPP and AG argue that the appeal raises several constitutional and legal issues which require serious judicial consideration by the Supreme Court and the appeal has a high chance of success.

"It is just and equitable to grant an interim stay of execution against the orders issued by the Constitutional Court," Wagona said in an affidavit.

Kazinda, who appeared in court without a lawyer, requested for more time to prepare for the case. He said he was not given the documents by the prosecution in time to prepare for the hearing of the case.

"I was not served, I came to know about the matter this morning from the prison authorities and I need time to prepare because the document I saw is voluminous.

"Let the prosecution file a written submission then I can respond," Kazinda said.

Justice Aweri directed that Kazinda be served with the documents on October 12, and fixed the case for hearing on October 13.