KAMPALA- The Court of Appeal Thursday rejected the bail application by city lawyer Bob Kasango, who was convicted for corruption last year.
Kasango is serving a 16-year sentence in Luzira prison for stealing money meant for pensioners. He has since appealed against the conviction and was yesterday seeking bail until his appeal is heard and disposed of in the Court of Appeal.
Kasango listed 12 grounds to justify his bail application. He said he suffers from cardiac complications for which he requires frequent specialised medical attention and was advised to undergo corrective heart surgery.
He stated that he was diagnosed with lung complication and he was recommended to have a daily oxygen supplement at least four hours twice a day, which is hard to achieve in prison and suffers a lapsed lower spinal disc and acute ulcers.
However, Justice Ezekiel Muhanguzi declined, saying he is not entitled to the presumption of innocence under Article 28(3) (a) of the Constitution.
Reasons for rejection
The judge noted that this being the first appeal for the applicant [Kasango] it is difficult to assess his compliance with the bail terms pending his appeal.
Justice Muhanguzi also noted that Kasango’s major aim was to be released to travel abroad and seek specialised treatment, which he claimed is not available in Uganda.
“Having looked at the whole bulk of documents attached to the application from several doctors and from several health institutions, I have not been able to decipher between the doctors that such treatment is unavailable in Uganda,” the judge ruled.
“Indeed counsel of the applicant in his final submissions did submit that there was divergence of opinion on the medical evidence. I am mindful that the law and practice require proof of medical evidence or medical certification as one of the exceptional circumstances for the grant of bail,” he added.
The judge noted that as a condition for grant of bail, Kasango had to prove that he has a fixed place of residence within the jurisdiction of the court.
“The applicant in this case has shown that he has been resident at Butabika, Kirombe-B, Nakawa Division in Kampala for the last three years. He, therefore, promised to avail a letter of introduction to this court but up to the time of writing this ruling, no such letter has been availed,” Justice Muhanguzi said.
“In my view the applicant has not proved that he has a fixed place of abode within the jurisdiction of court,” the judge added.
Kasango was convicted last year by Justice Margaret Tibulya of the Anti-Corruption Court. He was convicted with three former Ministry of PublicService officials: Jimmy Lwamafa,Christopher Obey and Stephen Kiwanuka Kunsa after they were found guilty of stealing shs15b meant for pensioners.