Justice Solome Balungi Bossa of the Court of Appeal has dismissed the
bail Application by former Ministry of Local Government Permanent
Secretary, John Muhanguzi Kashaka which he had filed at the court
after earlier submitting an appeal against his sentence that had been
made by the Anti-Corruption Court.
Kashaka had applied for bail on grounds that, he was of advanced age
(sixty years), a sole bread winner for his four children and four
dependents, and that he was suffering from chronic Hepatitis B which
could not be treated well in Luzira Prison.
He had also pointed out that he would appear in court whenever he is
requested to since he had a record of never absconding from sessions
during the entire trial at the Anti-corruption court adding that he
has a fixed place of residence where he can be traced. He further
added that the punishment of ten years (10) that had been given to him
was excessive and that he had substantial sureties as required by the
law.
In her ruling, the judge pointed out that it was a serious case that
has an impact on development of the country and releasing him would
leave a wide imbalance between the public and the applicant since he
was convicted and he was no longer a free man. The Judge also observed
that ill health and advanced age didn’t constitute exceptional
circumstances warranting his release since he is a convict of serious
crime.
Meanwhile, two co-convicts, Bonda Aruma and Timothy Musherule have
been granted twenty million shillings cash and twenty million noncash
bail respectively and have been directed to always report to the court
registry after every two weeks. Also, other three of Kashaka’s
co-convicts, Henry Bamutula, Robert Mwebaza, Sam Emolat have had their
request for bail denied.
The Lady Justice issued an order staying the judgment of the
Anti-corruption court requiring Kashaka to refund the money lost until
this appeal is concluded as well as ordering the registrar to pick the
passports of all the convicts from the Anti-corruption court and
transfer them to the Court of Appeal.
On 17th July 2014, the Anti-corruption court sentenced Kashaka to ten
years in prison after he was convicted of being involved in a graft
deal that caused the government shs 4.2 billion loss which money had
been secured to purchase 70,000 bicycles for local council leaders
across the country.