Jailed former Principal Accountant in the Office of the Prime Minister, Geoffrey Kazinda, has accused the Attorney General’s office of unlawfully filing an appeal in the Supreme Court to prevent his release from prison.
Kazinda contends that the appeal challenging his release was lodged outside the constitutionally prescribed 60-day timeframe and without a Supreme Court order to validate it or to extend the time for filing. He argues that, in the absence of such an order, the appeal is incompetent and should be struck out.
According to Kazinda, the alleged procedural irregularities have resulted in his continued detention despite what he describes as clear court orders in his favour. “This appeal was filed out of time and without the authority of court. It is fraudulent and cannot stand,” he maintains.
Kazinda is currently serving a 25-year prison sentence for corruption-related offences. However, he insists that the sentence is illegal, arguing that it was imposed after the Constitutional Court had issued an injunction halting his continued prosecution. He claims that the injunction rendered any subsequent proceedings unlawful.
He further argues that, were it not for the pending appeal—which he describes as incompetent—he would already have been released from prison. On that basis, Kazinda has asked the Supreme Court to strike out the appeal and order his immediate release.
Kazinda has also criticised the Supreme Court for declining to first hear his application seeking dismissal of the appeal, instead prioritising an application by the Attorney General to validate it. He notes that even after hearing the Attorney General’s application, the court did not deliver a ruling on whether the appeal was valid.
“Up to now, there is no decision validating that appeal, which means there is no competent appeal against me before the Supreme Court,” Kazinda argues.
He is expected to appear before the Supreme Court on February 12, when the justices are scheduled to determine whether the failure by now-retired Justice Ezekiel Muhanguzi to sign the Constitutional Court judgment had a fatal effect on the case.