Judge opts out of Shs15b pension appeal case
Stephen Musota, Court of Appeal judge.
Kampala- Justice Stephen Musota has disqualified himself from a case where three former Public Service officials and a lawyer are challenging their prison sentences for stealing money meant for pensioners.
The four officials are former permanent secretary Jimmy Lwamafa (jailed nine years), former principal accountant Christopher Obey (14 years), former commissioner for compensation department Stephen Kunsa (nine years) and lawyer Bob Kasango (16 years). The four had appeared at the Court of Appeal yesterday for the hearing of their appeal.
However, the court registrar, Dr Agnes Nkonge, informed them that Justice Musota will not be part of the team hearing the appeal.
Justification
“Justice Cheborion Barishaki is indisposed while Justice Musota has decided to excuse himself from the appeal having handled a matter against Kasango at the High Court, and Justice Elizabeth Musoke cannot hear the appeal alone,” she said. Dr Nkonge informed the group and their lawyer, Mr Evans Ochieng, that a new date for hearing the appeal together with a new team of judges would be communicated.
Consequently, the four convicts were taken back to prison.
In their appeal, the four former public officials claim that Anti-Corruption Court Judge Margaret Tibulya failed to evaluate the evidence adduced by the Directorate of Public Prosecutions and thus reached a wrong decision to convict them for stealing Shs15.6 billion meant for more than 639,000 pensioners.
