On Wednesday, court presided over by Justice Lillian Tibatemwa denied Kashaka bail on grounds that he was convicted by the two lower courts.
Former Permanent Secretary to the Ministry of Local Government John Muhanguzi Kashaka
The Supreme Court has denied bail to former Permanent Secretary
Ministry of Local Government Ministry John Muhanguzi Kashaka.
Kashaka was sentenced to ten years in prison for causing
government financial loss of 4.2 billion shillings. The money was
meant to procure over 70,000 bicycles for LC1 chairpersons.
On Wednesday, court presided over by Justice Lillian Tibatemwa denied
Kashaka bail on grounds that he was convicted by the two lower courts.
She emphasized that it is necessary to follow the principles which
apply to applications for bail pending appeal because they are different from
and certainly more stringent than those applicable to applications for bail
pending trial.
Tibatemwa ruled that although Kashaka’s lawyer Simon Peter Kinobe
described him as a person with a good character, good character alone can never
be enough because there is nothing exceptional or unusual in having the same.
Justice Tibatemwa directed that Kashaka’s appeal be fixed for
hearing and heard expeditiously in the interest of justice before sending him
back to Luzira prison to continue with his sentence in the meantime.
Last month, Kashaka through his lawyer Simon Peter Kinobe applied for bail
pending determination of his appeal against his ten-year sentence and conviction
among other grounds.
But his application was strongly challenged by prosecutors led by the
Principal State Attorney Harriet Angom who was relying on an affidavit of Josephine
Namatovu the Assistant Director of Public Prosecution.
Namatovu said that the application should be dismissed because
Kashaka is most likely to abscond since it's now one court left to confirm his
sentence.
Kashaka and four others were in 2014 convicted by then Anti-Corruption
Court Judge Catherine Bamugemerire and given sentences ranging from one to 13
years in jail for their roles in contracting a sham company,
Ammam Industrial Tools and Equipment Limited AITEL to purchase 70, 000 bicycles from
India.
The others are Henry
Bamutura, former Principal Accountant, the late Timothy Musherure a Consultant,
the late Robert Tumwebaze, Samuel Emorut Erongot former Commissioner in
Charge of Policy and Planning and Adam Aluma.
Kashaka's sentence was
in December upheld by the Court of Appeal Judges including Hellen Obura,
Elizabeth Musoke and Christopher Madrama.