IGG withdraws from Kazinda’s property cases

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The Inspectorate of Government (IG) has withdrawn from all three cases in which former Principal Accountant in the Office of the Prime Minister, Godfrey Kazinda, is challenging the confiscation of his assets before the East African Court.

This implies that the Attorney General of Uganda will be the only respondent to face Kazinda in the property dispute.

The Inspectorate of Government had applied to join the proceedings, but it later withdrew from the cases after acknowledging that it cannot participate in civil litigation before the East African Court of Justice (EACJ).

The IG was represented by the manager civil litigation, Vincent Kasujja and supervisor litigation, Hasifah Nabbale, while the Attorney General was represented by Principal State Attorney Richard Adrole. Kazinda, who represented himself, attended the session via Zoom from Luzira Prison in Kampala.

On Tuesday, (October 28), a five-member panel of justices led by Principal Judge Yohane Bokobora Masara granted the Inspectorate of Government’s request to withdraw its two applications, with no order as to costs.

The Inspectorate of Government had earlier withdrawn a similar application, bringing the total of applications withdrawn to three.

Other members of the panel included Justices Richard Wejuli, Richard Muhumuza, Dr. Leonard Gacuko, and Rene Ignace Kayembe. The regional court sits at the East African Community headquarters in Arusha, Tanzania.

In their ruling, the justices reaffirmed that the Inspectorate of Goverment lacks the legal capacity to appear before the EACJ in such matters.

“The Inspectorate of Goverment has no basis upon which to appear in court,” Masara ruled.

In his reference, Kazinda faults the Attorney General for enforcing the confiscation orders based on a judgment of the Anti-Corruption Court that had already been varied and superseded by the Court of Appeal’s judgment.

Kazinda contends that the Attorney General’s reliance on a November 13, 2020, document, allegedly issued by an unidentified judicial officer of the Anti-Corruption Court and purporting to represent an order of the trial court, was unlawful.

Kazinda further accuses the Attorney General for misapplying a circular issued by the former Principal Judge, Flavian Zeija (now Deputy Chief Justice), to justify a civil execution process based on false claims that no appeal had been filed in the criminal case from which the confiscation orders arose.

Background

The case stems from an ongoing legal battle over the confiscation of Kazinda’s properties in Bukoto, Kampala, following his conviction for illicit enrichment.

In 2020, Justice Margaret Tibulya of the Anti-Corruption Court sentenced Kazinda to 15 years in prison and ordered for the confiscation of his properties. The Court of Appeal later reduced Kazinda’s sentence to seven years, but did not re-affirm the confiscation orders.

Following the appellate court’s ruling, the Inspectorate of Government filed a fresh application before Justice Jane Okuo Kajuga of the Anti-Corruption Division of the High Court, seeking to re-assert confiscation orders against Kazinda’s properties.

Kazinda, however, petitioned the same court arguing that the Inspectorate of Government had no legal basis to seek fresh orders when the Court of Appeal had not endorsed confiscation of his properties.

Despite Kazinda’s objections, Justice Kajuga ordered the Inspectorate of Government to confiscate his properties.

The decision prompted Kazinda to petition the EACJ, accusing Justice Kajuga of issuing confiscation orders despite the appellate court’s ruling.