{UAH} PS KASHAKA BENEFITS FROM MUSEVENI'S CONTROL OF JUDICIARY

PS KASHAKA BENEFITS FROM MUSEVENI'S CONTROL OF JUDICIARY

In his efforts to strengthen his grip on power, Museveni took over control of the Judiciary by appointing cadre judges and justices. In the same effort he has undermined the independence of the Judicial Service Commission by ignoring their recommendations hence the country is running without a Chief Justice.

In July 2014 the Permanent Secretary in the Ministry of Local Government, John Muhanguzi Kashaka together with five others were found guilty and convicted for corruption related charges and sentenced to imprisonment and an ordered to refund the money. The trial Judge of the Anti Corruption Court found Josh Kashaka in particular guilty of causing financial loss of US$ 1,719,454.58 (about five billion Ug shillings). The money was a financial scam paid to a non existent company (MS AITEL) for the supply of 70,000 bicycles that the regime intended to procure for the local council leaders shortly before the 2011 rigged elections. John Kashaka as the accounting officer for the Ministry ignored advice of  Bank of Uganda against the deal on grounds that there were discrepancies in the procurement documents presented. He was sentenced to 10 years and ten days imprisonment on top of refunding the money.  As a by the way, the trial judge noted thus "corruption multiplies where there is low risk of punishment." 

John Kashaka immediately applied for bail pending appeal on grounds of advanced age and ill health. He lodged it in the Court of Appeal well knowing that the court would not grant it but it was just a formality since he was targeting to be granted the relief by the cadre justices in the Constitutional Court. Delivering her ruling on the bail application, Justice Solome Barungi Bossa stated thus "the convict (Kashaka) had not proved exceptional circumstances to support his request and the high sums of money lost by the government had not been recovered." Bail pending appeal was therefore denied.

Immediately after John Kashaka appealed to the Constitutional Court and the matter has now been expeditiously heard and determined by the Constitutional Court in his favor. Justices Kavuma, Nshimiye and Opio overturned the earlier Court of Appeal ruling thus "The single justice (Salome Bossa) erred in denying the applicant bail.......we are satisfied that all the relevant considerations set out are satisfactory..." Among the three sureties was NRA's Dr Amos Mukumbi (former Director General of Internal Security).  John Kashaka  is a free man enjoying the money he stole while his co-accused who dont have god fathers are languishing in prison. Museveni scored when he indicted a whole Permanent Secretary for corruption but as usual when Ugandas and the donor community went to sleep, the prime suspect is set free.

John Muhanguzi Kashaka is not an ordinary person to be compared by a few others who have been indicted over corruption related charges. He is a son of Rev. Kashaka of Nyabushozi in Mbarara and an elder brother of Museveni's historical Commanders Brig. Steven Kashaka and Col. Francis Kashaka. Brig. Kashaka is Uganda's Military Attache in outh Africa while Col Francis Kashaka is the Western Region Operations and Training Officer of the Reserve Force. The two senior army officers have played a big behind the scenes role in seeing their elder brother freed from jail. At a time Musevenis is trying to handle the displacement of the old guards from the army to create room for his son to take over command, the two senior army officers were caught between the rock and the hard surface. There is no doubt Brig Steven Kashaka can not salute General Mbadi, Katumba, Muhoozi or Angina because of his seniority. He knows very well that his deployment in South Africa is diversonary. To save his elder brother he had to add his voice in condemning exiled General Ssejusa thus; "You will agree with me General that I joined the revolution at the stage of FRONASA in 1979 during the war against Iddi Amin while you were completing your LLB at Makerere University.......... During the bush war, in 1981 while i was commanding Lutta Unit, you were parachuted to the rank of Member of High Command equivalent to Brig while some of us like Gen Kuteesa, Joram, and myself who had done a one year Officer Cadet course at Monduli, commissioned as Lts and also commanded UNLA units were made Senior Officers equivalent to Major and non of us complained or deserted. Life went on, so talking about rapid promotions and parachutes, you were the first beneficiary and it could not stop with you. Sir, when shall we start respecting this revolution; treating it as our parent and begin addressing our personal issues to the right fora instead of fighting the young generation of officers whom we need to guide and sit behind as they consult us. At your age and mine, what new ideas do we intend to provide .........UPDF is a politically awake force. No one will follow you."

This is the exact language that Museveni whishes to hear from his cadre soldiers. With that strong statement Brig. Kashaka's loyalty was cleared and the fate of his jailed brother sealed. Brig. Kashaka's woes started when he was the Chief Of Staff and he was accused of having issued out to Dr. Besigye his discharge Certificate for retirement from the army. The authorities who had intended to block his retirement,  realised when it was too late and Dr. Besigye declared his 'treasonous act' of running for the presidency against Museveni. For the same reasons, Brig. Kashaka was put on Katebe (grounded) and has remained on the same rank for the past over one decade. 

Therefore, given the forces at play the former Permanent Secretary John Kashaka will neither serve the jail sentence nor refund the lost money. His release on bail was no doubt directed by Museveni. Recall at one time during the inquiry into theft of Global Fund money then Health Minister Brig. Jim Muhweezi told Justice Ogola that "When we were fighting in the bush some of you were hiding under your beds." Where were Justices Gidudu and Salome Bossa when the Kashakas were fighting in the bush???????

INFORMATION IS POWER

Posted by Uganda - A Change of Guards! 

Viele GruBe

Robukui

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