Three justices of the Court of Appeal have on Monday, January 6, 2020, upheld the sentence and conviction that was handed to the Africell Accountant Manager of Western and Southwestern Uganda Kenneth Kaawe for stealing USD 50000 of Bank of Africa (UBA) in 2009.
The three justices, Geoffrey Kiryabwire, Percy Tuhaise and Stephen Musota have upheld Kaawe’s conviction citing that the lower court was right in its findings.
“We find the foregoing circumstantial evidence which the learned trial judge correctly took into account to be incompatible with the accused’s innocence giving rise to no other explanation other than that of guilt,” the justices ruled.
Adding: “In our opinion, there is no other co-existing circumstances to weaken or destroy the inference of the appellant’s (Kaawe’s) guilt. We find that there is evidence adduced by the prosecution beyond reasonable doubt that the appellant embezzled $50,000 which was both direct and circumstantial”
It was noted that Kaawe was charged before the chief magistrate’s court at Buganda Road on October 27, 2009, remanded to Murchison Bay Prison until November 20, 2009 when he was granted bail thus spending twenty five days on remand which was not considered by the trial judge while sentencing him.
“It is a mandatory constitutional requirement that the period spent on remand has to be borne in mind at the time of imposing a custodial sentence and since this was not considered by the trial judge, it renders the sentence of eight years illegal and must have prejudiced the appellant,” the justices ruled.
The justice also noted that Kaawe abused the trust put in him by his employer who head hunted him and offered him a job.
The offence for which he was indicted attracts a sentence not exceeding fourteen years. However, a sentence of eight years imprisonment was appropriate, according to the judges.
Court ruled that there is evidence that UBA suffered loss in form of $50,000 as a result of Kaawe having embezzled it thus declining to set aside the compensation order.
On May 17, 2011, the then Anti-Corruption Court judge Catherine Bamugemereire convicted Kaawe and sentenced him to eight years imprisonment and ordered to refund all the money to UBA.
However, being dissatisfied with the judge’s decision, Kaawe who has been on bail petitioned Court of Appeal seeking orders to quash his conviction and sentence.
