" Why would a doctor be sent to prison for having used money for staff houses to build an intensive Care Unit? That Officer should face only administrative disciplinary measures such as demotion, not criminal proceedings for alleged corruption", said Kakuru.
According to Madrama, the law is very clear when something done by the government of Uganda is inconsistent with article 154 which talks about the withdrawals on consolidated fund. Madrama says one can apply to the High Court for judicial review or file a suit in the public interest to enforce the said article but cannot petition the Constitutional Court.
Barishaki also noted that even if the government says that it is encouraged by the reduction on maternal mortality rates, the levels reached are still not good enough taking into account the resources available to this government.
However, a panel of Constitutional Court Judges led by Kenneth Kakuru this afternoon dismissed the petition on grounds that Kipoi's lawyer Retired Major Ronald Iduuli had not yet renewed his Practicing Certificate for this year.
In a judgment delivered on Friday, the final member panel of the Constitutional Court Justices, say funding of the judiciary an independent arm of government through the Appropriation Act is inconsistent with the constitution and undermines its independence.
Jamwa was first handed the sentence in 2011 by the then Anti-Corruption Court Judge John Bosco Katutsi for having sold NSSF treasury Bonds to Crane Bank before maturity on October 4, 2007. However, he appealed the conviction and the sentence before the Court of Appeal, where it was upheld by a Panel of three Judges; Steven Kavuma, Kenneth Kakuru and Apio Aweri.