In the application filed before the Supreme Court, jailed Geoffrey Kazinda contends that his lawyer and that of the Attorney General (AG) misguided and misinformed the court about the withdrawal of his application.
Kazinda to Supreme Court: There are errors in AG appeal process Jailed former principal accountant in the Office of the Prime Minister, Geoffrey Kazinda has asked the Supreme Court to halt proceedings in appeal challenging his release citing errors and illegalities that warrant a review of the orders issued by the Court.
“That the submissions of counsel for the applicant failed to appreciate and address all the concerns of the applicant nor did he properly and effectively address court on the grounds of the Constitutional application number 2/2022 which caused a gross miscarriage of justice to the applicant,” Mr Kazinda states in the sworn statement, adding that the Supreme Court has powers to review its own decisions.
Mr Kazinda states that he did not consent nor permit his lawyer to withdraw his application reasoning that it raises issues of his interest in pursuit for justice.
In the withdrawn application, he is seeking for orders that the appeal by the AG be struck out for having been filed out time and also the court to nullify criminal cases and also set aside convictions which were sanctioned against him after the Constitutional Court decision.
Through his lawyers, Mr Kazinda now wants the country’s highest appellate court to review its decision arguing that he did not instruct the lawyer to withdraw his application and that if the same is not disposed of, it will lead to miscarriage of justice if the appeal is determined before his application is handled.
Mr Kazinda who is currently in Prison at Luzira, contends that AG failed to prosecute his appeal which prompted him to file an application to strike out the case for lack of prosecution and to quash subsequent proceedings.
“I am not aware of any decision of this court validating the Constitutional Appeal number 5/2020 but its hearing and proceeding with submissions of the same,” states Mr Kazinda adding that his application still stands unheard to date because it raises issues that challenge the validity of the Constitutional Appeal.
On July 15, 2024, the Supreme Court said it will pronounce itself on the appeal filed by the Attorney General challenging the Constitutional Court decision that directed the immediate release of Mr Kazinda.
However, in a July 18 letter to the Registrar in the Supreme Court, Mr Kazinda through his lawyers has requested for the stay of proceedings in the Constitutional Appeal; AG Vs Kazinda Geoffrey.
According to the letter, Mr Kazinda states that the Supreme Court directions required him to file written submissions by July 19 but instead told court that his application addresses significant matters pertaining to the appeal, which has the potential to impact the entire appeal process.
“…we respectfully request that the court exercises its inherent powers under Rule 2(2) of the Judicature (Supreme Court) rules to halt the entire appeal process until the determination of the aforementioned application. This intervention is crucial to ensure that justice is served and that all pertinent issues are thoroughly examined,” reads the letter from Omongole and Company Advocates.
In an August 2020 majority judgment, the Constitutional Court held that the continuous prosecution of Mr Kazinda amounted to double jeopardy within the meaning of Article 28(9) of the Constitution and ordered for Kazinda’s release from Luzira Prison.
The Constitutional Court held that the numerous trials for offences similar in character amounted to a deprivation of the right to a fair hearing and contravened Articles 28(1) and (9) of the Constitution.
Mr Kazinda was convicted of a series of offenses including abuse of office, forgery, embezzlement, illicit-enrichment and causing financial loss. He is currently serving various punishments handed down by the Anti- Corruption Court.