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Balunywa case dismissed

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Mr Balunywa

Mr Balunywa 

By  EPHRAIM KASOZI

Posted  Tuesday, July 8  2014 at  01:00

In Summary

The university don walked free after he successfully challenged the case for lack of sufficient evidence.

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Kampala - Court has dismissed the accusations of fraud against the Principal of Makerere University Business School (MUBS), Prof Juma Waswa Balunywa, citing failure of the complainant to meet the required standard.

The Nakawa Chief Magistrate, Ms Flavia Nassuna, dismissed the charges of alleged forgery and presenting false academic documents.
Mr Isaac Kimaze, the head of Legal Brains Trust through lawyers, David Bwambale and Simon Tendo Kabenge, had filed a complaint against Prof Balunywa by way of private prosecution.

However, Chief Magistrate Nassuna overruled the complainant for lack of merit and failing to follow the required legal procedure which among other steps, includes acquiring a letter from a local chief.

Free at last
The university don walked free after he successfully challenged the case for lack of sufficient evidence.
His lawyer, Mr Fred Muwema, argued that the offences against Prof Balunywa were improper before the court because they are still subject for investigations before the Police.

“When you look at the complaint, there are only paper cuttings to show that there is an investigation by the Inspector General of Government (IGG) in the alleged offences.

The current proceedings are malicious and brought in bad faith because the constitutionally mandated offices are still handling the case,” said Mr Muwema who objected to the plea taking requested by the petitioners, arguing that the case does not meet the requisite legal test.

The petitioners allege that on or about September 1994, at Makerere University Business School (MUBS), Prof Balunywa with intent to defraud government, presented false academic documents including the East African Certificate of Education, the East African Advanced Certificate and Curriculum Vitae to his employer Makerere University in order to procure promotion to Associate Professor and receive higher salaries and other emoluments.

According to the charge sheet, Prof Balunywa forged academic certificates in names of Juma J. Balunywa of Kamuli College, Namasagali and used them fraudulently to get employment, first as a lecturer of Makerere University in 1983 and subsequently as the principal and accounting officer of MUBS.

The petitioners further allege that Prof Balunywa, employed as principal and accounting officer at MUBS on various dates failed to execute his duties of controlling the institution’s expenditure of $13,000 (about Shs34m).

ekasozi@ug.nationmedia.com