By Sania Babirye
The supreme Court has dismissed a bail application filed by the jailed interdicted former permanent secretary in the ministry of works John Muhanguzi Kashaka.
Supreme court justice Prof. Lillian Tibatemwa Ekirikubinza has ruled that Kashaka has failed to prove exceptional circumstances to warrant his temporary release.
She also ruled that the applicant is already a convict and serving a 10 year capital punishment on corruption charges.
Kashaka is currently serving a 10 year jail sentence handed to him by the then ant- corruption Court justice Catherine Bamugemereire in September 2014 that was upheld by the court of appeal in 2016 for causing government a 4.6 billion financial loss in the botched 2011 presidential election LC1 chairpersons bicycle scam.
The troubled former civil servant however went to the supreme Court challenging both decisions of the lower courts and applied for bail in the same court so that he can able to argue his appeal while outside.
His lawyer Peter Kinobwe had asked justice Lillian Tibatemwa to grant his client bail on grounds that he is of advanced age of 62 and that he can not contain the tough conditions within Luzira prison and has substantial sureties.
However, state led by Josephine Namatovu asked the supreme Court to deny Kashaka bail on grounds that is a convicted person who is serving a capital punishment of 10 years and that if granted bail, he is likely to flee the country among other concerns.
Kashaka was convicted together with the former Principal Accountant Henry Bamutura, and each ordered to serve 10 years and 10 days in Luzira prison and also compensate government sixth of the 4.6 billion, Sam Emorutu Erongot who was the former assistant commissioner for policy and planning were ordered to serve 13 years, Timothy Musherure the former consultant was acquitted and Adam Alum who was a member of the evaluation committee has since served his 1 year and 9 months imprisonment and was ordered to refund his share of the 600 million refund.
Three court of appeal Justices including justice Elizabeth Musike, Hellene Obura and Cheborion Barishaki dismissed the said appeal and ruled that they did not find any error in the decision of the lower court.
Justice Bamugemereire ordered them to also refund 600 million Uganda shillings to government and banned them from holding any public office for 10 years.
However, being dissatisfied, the convicts appealed both their convictions and sentences.
The four had been out in bail since their conviction and sentence and begin to serve their punishments last year.
The said bicycles were meant to be distributed to the chairpersons for mobilization during the presidential campaigns.