The high court has cancelled former National Social Security Fund (NSSF), managing director, David Chandi Jamwa’s bail and sent him back to Luzira prison to continue serving his 12-year sentence for causing a financial loss of Shs3.1billion to government.
In a majority decision, three of the five justices on the panel said that they did not find any merit in Jamwa’s grounds of appeal which were accordingly dismissed.
“We find the appellant’s (Jamwa) sentence of 12 years imprisonment for causing financial loss contrary to section 20 of the Anti-Corruption Act imposed by the trial court and confirmed by the Court of Appeal a legal sentence,” ruled the justices; Eldad Mwangusya, Lillian Tibatemwa and Paul Mugamba.
The justices added that they found no reason to interfere with the sentence.
“After re-evaluation of the mitigating factors for the appellant, we find that the Court of Appeal legally sentenced the appellant to four years imprisonment for the offense of abuse of office. As a result, having found that all the grounds of appeal failed, this appeal is hereby dismissed. We uphold the decision of the Court of Appeal.”
Jamwa had argued that the Court of Appeal delivered its judgement without the requisite quorum. However, the justices ruled that a judge who has appended a signature on a judgement loses the right to change their mind as soon as they cease to be on the court.
“Justice Rubby Opio-Aweri lost the authority to alter the judgement as soon as he appended his signature to the judgement before he ceased to be a justice of the Court of Appeal which he is bounded to,” ruled the justices.
Court also ruled that the then deputy Chief Justice Steven Kavuma who at the time of retirement had neither appended his signature on the judgement that was in place nor authored an independent judgement lost the authority since he ceased being a Justice of the Court.
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