By Sania Babirye
Buganda road court grade one magistrate Gladys Kamasanyu has acquitted Kampala businessman Moses Kalungi Kirumira and his son on charges of shop breaking , theft and conspiracy to commit a felon on his own building
The magistrate ruled that there was no case to answer against Kalungi and his son since prosecution failed to adduce any evidence to prove that Kalungi had broken into his own building and stole his tenant’s property, yet the said tenant Vasgaragbet limited had failed to pay him rent.
Kamasanyu explained that no case was ever reported at police about any breaking or property theft on the said building by anyone during the period that the state had claimed took place.
Evidence adduced by the defense showed that Kalungi had a standing order issued by Mengo Chief Magistrate Court against Vasgaragbet limited inwhich court had ordered Kalungi to attach properties of the Complainant if he failed to pay him the outstanding debt to recover his loss.
Kamasanyu ruled that the tenant had breached the tenant Agreement that was made between the two when he failed to pay rent which had forced Kalungi to even drag him to Mengo court to seek redress.
She warned state against what she called wasting government resources over Malicious Prosecution and torturing of Ugandans while using Government resources.
Karungi was jointly charged with his 30 year old son Moses Kabuye Kalungi but have been out on bail after spending almost a week at Kitalya government prison.
Prosecution had stated that on the 27th of April 2020 Kalungi aka Bill Gates , his son and others still at large, broke into a shop run by Vasgaragbet limited in Kalungi Plaza in Kampala and stole items valued at $12,000 which is 44 million shillings in Ugandan currency.
The two are said to have broken into his tenants shop at the beginning of the lock down when president Museveni closed all arcades and shops but, they denied the said allegations.
Some of the items that state had claimed were stolen included five computers, air conditioners,keys to a safe, a generator, 23 Hisense flat TV screens and six air conditioner remotes controls.