Judge steps down from pension scam appeal over lawyer Kasango

Kampala, Uganda | THE INDEPENDENT | The Appellant court has indefinitely suspended the appeal by three former Public Service Ministry officials and City lawyer, Bob Kasango challenging their conviction.

The former Public Service Ministry officials include Jimmy Lwamafa, the former Permanent Secretary, Christopher Obey, the former Principal Accountant and Stephen Kiwanuka Kunsa, the former Commissioner in charge of Pensions and Compensations.

Court found that the convicts conspired to defraud government shillings 15.4 billion by paying it to a non-existing law firm, Hall and Partners as the legal fees to defend 6000 civil servants demanding for pension and gratuity.

Evidence before court indicated that the convicts forged judicial documents directing the Attorney General to pay the said law firm money meant for pension and gratuity of more than 639,000 pensioners.

Lwamafa and Kunsa were sentenced to nine years in prison, obey 14 years and Kasango 16 years, which they saw was harsh. They convicts appeared on Monday morning before the Court of Appeal led by their lawyer, Evans Ochieng to argue their appeal in which they fault the Anti -Corruption Court Judge, Margaret Tibulya for failing to evaluate the evidence that was adduced by the Directorate of Public Prosecution –DPP during their trial.

However, the Registrar Dr. Agnes Nkonge informed them that the three Justices appointed to hear the appeal expressed unreadiness to hear the matter.  They include Justice Cheborion Barishaki who is indisposed, Justice Stephen Musota who chose to excuse himself from the appeal having handled a matter against lawyer Kasango in High Court and Justice Elizabeth Musoke, who couldn’t hear the appeal alone.  .

Nkonge informed the parties that a new date for hearing their appeal together with a new quorum of judges will be communicated to them.  The convicts were taken back to jail until further notice. Their lawyer Evans Ochieng believes that they have a strong case, which is likely to render Justice Tibulya’s judgment null and void.

Why Justice Musota Excused himself

While in High Court, Justice Musota partly handled the case in which Tooro Queen mother, Best Kemigisa seeks to recover Shillings 3 billion from Kasango paid by the Lands Ministry. Kemigisa had instructed Kasango to recover the money for her but didn’t remit it.

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