Asiimwe told a panel of Court of Appeal Justices including Hellen Obura, Ezekiel Muhanguzi and Elizabeth Musoke that the conviction and subsequent sentencing of her client by Justice Rwamisazi was illegal.
Kazinda who has been convicted twice went to the Court of Appeal challenging the sentence and conviction of five years over forgery. He also challenged being convicted for possessing government documents such as security forms and cash withdrawal forms at his home in Bukoto without permission.
Four of the judges upheld amendments on the removal of age limitations from the Constitution. They, however, declared that amendments on reinstating presidential term limits and extending the term of office for legislators and local government leaders from five to seven years, were erroneous since they did not go through the right legislation procedure.
This was disclosed by the Deputy Chief Justice Owiny-Dollo while opening the Court of Appeal criminal session at Fort Portal High Court today. The one-month session in Fort Portal will handle 55 cases and will be presided over by a panel of three judges; Justices Kenneth Kakuru, Fredrick Egonda Ntende and Lady Justice Elizabeth Musoke.
The Court of Appeal has today upheld the election of Abdul Katuntu as Bugweri County Member of Parliament. The court dismissed a petition by Daniel Ibaale who had prayed for a vote recount due to marginal difference between the two candidates. Katuntu was declared winner of the seat in February last year with 23,596 votes against Ibaales 23,195 votes.
Without substantiating his claim, Musoke said he has realized that Museveni influences every institution including the judiciary despite the fact it pretends to be independent. Musoke contends that he ably proved to court beyond reasonable doubt that the elections were fraudulent and the mischief of Electoral Commission, and wonders why courts of law couldnt declare him winner.
Justice Kenneth kakuru of the Court of Appeal upheld the previous rulings by Justice Kibuuka Musoke and Justice Margaret Oguli. Justice Kakuru said that Kisekka was not given a fair hearing prior to the Censure, an act that tantamount to denial of justice.
Deputy Registrar Deo Nizeyimana had in a letter dated September 3 said that the court canâ€™t hear Lord Mayor Erias Lukwagoâ€™s appeal now as the justices of the court are busy in a criminal session. The Deputy Spokesperson of the Judiciary Harriet Nassali, however, says it will be heard in the next civil session which starts on October 20.
The Court of Appeal has this morning upheld the life sentence meted out to jailed city businessman Godfrey Kato Kajubi by the High Court two years ago for masterminding the ritual murder sacrifice of a 12-year old boy Joseph Kasirye.
Police have been deployed in Luweero town council to block Brenda Nabukenya the former Luweero woman Member of Parliament from staging a rally following a court of appeal ruling that nullified her November 2011 by elections.
Nyombi through his representative Martin Mwambutsya expressed dissatisfaction with the ruling of Justice Nyanzi that reinstated Erias Lukwago as Kampala Lord Mayor. The ruling was delivered on Thursday; three days after Lukwago was impeached by KCCA councillors.
The Court of Appeal has rejected a bail application by the wife of former National Forestry Authority (NFA) Executive Director, Damian Akankwasa. Juliet Katusiime was ordered to return to Luzira Prison, where she is currently serving a three-year jail term for stealing 900 million shillings from her matrimonial home in Naguru.
While addressing journalists at parliament, the MPs who include Theodore Ssekikubo from Lwemiyaga, Wilfred Niwagaba from Ndorwa East and Barnabas Tinkasiimire from Buyaga West said that the reason they stormed out of the Constitutional Court yesterday is because their fate is already predetermined.
The Court of Appeal has declined to grant permission to the 4 NRM MPs to appeal to the Supreme Court over their impending expulsion from Parliament. MPs Theodore Ssekikubo, Wilfred Nuwagaba, Barnabas Tinkasiimire and Mohammed Nsereko were challenging the jurisdiction of 3 judges to hear and determine a Constitutional application by their party seeking to throw them out of parliament.