Former MTN employee denied bail

Kampala, Uganda |  THE INDEPENDENT |  The Supreme Court has dismissed a bail application filed by a former MTN employee Joshua Magombe. Magombe was in 2015 sentenced to nine years in jail for unauthorized access to mobile money agent lines.  

Magombe and five others gained access to the MTN mobile money system and wired over three billion shillings to various mobile money agent lines, money which they later shared. His co-convicts were Edrisa Sserunkuma, Daniel Ssegujja, Henry Edgar Matovu, Irene Kauma and Peter Ayebare.  

But Magombe petitioned the Court of Appeal which acquitted him of the offences of unauthorized access and conspiracy to commit a felony but upheld the offence of theft and electronic fraud.

Dissatisfied with the decision, Magombe appealed to the Supreme Court and in November 2019, he applied to be released on bail pending the determination of the appeal. 

Through his lawyer Evans Ochieng, Magombe asked Supreme Court Justice Dr Esther Kisaakye to release him on bail on grounds that he has a good personal character and that he is a first offender with a fixed place of residence at Balintuma Zone LCI Kiwatule Parish in Nakawa division.

Magombe also told the court that the offences he was convicted of do not involve personal violence and also that he had four sureties who were all his relatives.  

However, the Prosecution led by Joanita Tumwikirize opposed his bail application and asked the Court to dismiss it.  

Tumwikirize submitted that Magombe is a serving convict whose character could no longer be relied on to grant him bail. 

However, in her ruling on Tuesday, Justice Kisaakye agreed with the prosecution and dismissed all Magombe’s grounds of appeal saying in much as the offences against him are not capital in nature, his offences are serious with far-reaching implications on our society.

Justice Kisaakye added that Court cannot grant the prayers he sought and prematurely release him back into the society where he may go-ahead to commit even other bigger financial offences.

“The law requires that I should exercise the power vested in me judiciously. I would also add that exercising power judiciously requires that I should do so bearing in mind the wider justice interest for not only the users and implementers of mobile money services in Uganda but also the interest of justice of all Ugandans who benefit from having reliable sound financial services and systems to transact their business and affairs”, reads Kisaakye’s ruling in part.  

Kisaakye said Magombe should continue serving his sentence while his lawyer completes filing documents for his appeal which will be determined when court finalizes its program to hear the on-going criminal appeals.

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