By Bicholin K Musisi;

In November 2023, the East African Court of Justice dismissed an application in which the Inspectorate of Government (IG) had sought to be joined as a party to the case filed by jailed former principal accountant in the Office of the Prime Minister, Geoffrey Kazinda.

Kazinda who is currently in Prison at Luzira took on the Ugandan government seeking to challenge the decision of anticorruption court and the Court of Appeal by way of reference at the East African Court of Justice.

A panel of five justices unanimously dismissed with costs and application that the IGG had filed against Kazinda.

While dismissing the application, the judges explained that the IG is not an institution of the community as envisaged under Article 30 (1) nor is she an organ of the community as stipulated under Article 9(1) of the treaty.

“The inspectorate of Government has no international legal personality and cannot therefore be held responsible for the government of Uganda’s acts or omissions under the Treaty,” the court ruled.

The regional court held that the actions of IG could only be challenged in the EACJ court through the Attorney General as the IG does not personally fall within the purview of the treaty.

“She (IG) cannot be joined as a respondent to any proceedings before this court and the court has no jurisdiction over her in that context.”

In March 2022, the Court of Appeal dismissed Kazinda’s appeal challenging his conviction and sentence which prompted the jailed accountant to petition the regional court seeking to overturn the proceedings and decisions of the appellate court.

The Constitutional Court, in 2020 held that the continuous prosecution of Kazinda amounted to double jeopardy within the meaning of Article 28(9) of the Constitution and ordered for Kazinda’s release from Luzira Prison.

The Constitutional Court held that the numerous trials for offences similar in character amounted to a deprivation of the right to a fair hearing and contravened Articles 28(1) and (9) of the Constitution.

The court ordered for the release of Kazinda but the AG appealed to the Supreme Court.

In June 2024, the appeal was heard and a judgment was set to be delivered on notice which a year later was yet to be issued.

Kazinda's fate in regard to being released awaits a decision of the Supreme Court that is yet to be delivered more than a year later since the Attorney General appeal was heard.