He is challenging the conduct and manner in which he has been detained. He is also protesting the manner in which he was arrested, detained in prison before he was arraigned before Court, and the constitutionality of the provisions of the Anti-Corruption Court. Kazinda is also not happy with the way his trial has been conducted in piece meal mode.
“If the proceedings were to continue before the Anti-Corruption Court,” Kazinda’s lawyers said, “it would mean that Kazinda’s constitutional rights are being trampled upon.”
“Matters should be stayed until the Constitutional Court disposes off the petition.”
Kazinda who visibly appeared sick with his eyes closed most of the time during the court proceedings is currently on remand in Luziira. He also wants Court to grant him bail. His lawyers argued that besides the prison medical authority proving that he is sick, he is still innocent until proven guilty, according to the provisions in the Constitution.
However, prosecution objected to the request arguing that there was no way Court could grant them their wish because their petition had just been served, and that the Anti-Corruption Court has not received any formal order from the Constitutional Court to stay the proceedings.
“Mere filing of the petition is not going to interrupt the proceedings of this Anti-Corruption Court,” Jane Frances Abodo, the lawyer on the prosecution team argued.
Court concurred with the prosecution saying that filing a petition in the Constitutional Court does not automatically halt the proceedings in this Court.
“It is important to show how his rights have been trampled upon. Mere mentioning in this court is not enough,” Wangutusi said.
Consequently, Kazinda’s case hearing will get into full swing starting Jan.7.