The Anti-Corruption Division of the High Court has respected the decision of the Constitutional Court as regards the jailing of former Principal Accountant in the Office of the Prime Minister Geoffrey Kazinda and discharged him.
The court has observed that Kazinda can no longer be prosecuted by the Directorate of Public Prosecution (DPP) until the decision of the Constitutional Court that cleared him on 7th August, 2020 has been overturned by the Supreme Court.
The Head of the Anti-Corruption Division Justice Lawrence Gidudu says the Constitutional Court in a decision of four to one Justices declared that Kazinda’s trial in the Anti-Corruption Court be stayed and that he be immediately discharged.
The Constitutional Court also declared that Kazinda be discharged from any future cases before the Anti-Corruption Court that were founded on similar facts arising out of Kazinda’s employment in the Office of the Prime Minister.
It is against that background that Justice Gidudu is implementing the decision of the Constitutional Court which called for immediate action by setting Kazinda free and maintaining that he cannot be tried for charges related to his activities in the Office of the Prime Minister.
“If the decision of the Constitutional Court is overturned or stayed by the Supreme Court, the DPP would be at liberty to re-instate the charges and have Kazinda tried but for now Kazinda is discharged.” Justice Gidudu observed.
Kazinda who has faced numerous separate trials in the Anti-Corruption court for various offences since 2012, petitioned Justice Lawrence Gidudu saying he was compelled by the inaction of the DPP to cause his discharge in criminal cases in the Anti-Corruption court in compliance with the Constitutional Court decision.