Court of Appeal orders trial of Lands boss Kulata

KAMPALA. Court has ordered the immediate prosecution of interdicted Lands commissioner Sarah Kulata Basangwa over abuse of office.
Three justices of the Court of Appeal quashed the High Court ruling that had discontinued the charges against Ms Kulata. The High Court had ruled that the Inspector General of Government (IGG) lacked authority to prosecute her while there was still a civil case on the same matter pending in another court.

However, the IGG petitioned the Court of Appeal, saying Justice Paul Mugamba erred in law when he misconstrued Section 19 (1)(C) of the Inspectorate of Government Act as barring the IGG from prosecuting Ms Kulata.
Justices Steven Kavuma, Solomy Balungi Bossa and Kenneth Kakuru on Monday overruled Justice Mugamba and ordered Ms Kulata to be tried in the Anti-Corruption Court.

The judges noted that the above section does not bar the IGG from instituting criminal proceedings against any person on account of existing civil proceedings elsewhere arising from the same facts.
“Our own understanding of this section is that it bars the IGG from questioning or reviewing proceedings before a court of law, which is not sought for in this case, the fact that both arise from the same facts notwithstanding. The civil action is not against her (Kulata) in person and would certainly continue whether she still holds that office or not, the remedies sought in that civil matter cannot be enforced against her in person,” the judgment reads in part.

The judges also noted that in the criminal case from which the appeal arose, Ms Kulata is charged in her individual capacity and the proceedings would still continue whether or not she still occupies the office of acting Commissioner for Land Registration.
They also observe that the case was sent to the High Court by the trial magistrate for interpretation without Ms Kulata taking plea, which they said was contrary to procedure.

They said the trial court should have first allowed her to take plea before entertaining any questions regarding the legality of her trial.
“As no plea had been taken, there was, therefore, no accused person before the magistrate nor were there proceedings before her from which a question for interpretation would arise,” the appellate court ruled.
The court ordered that Ms Kulata be presented to the trial magistrate’s court at the Anti-Corruption Court and her prosecution should proceed without further delay.

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