In November 2023, the East African Court of Justice dismissed an application in which the Inspectorate of Government (IG) had sought to be joined as a party to the case filed by jailed former principal accountant in the Office of the Prime Minister, Geoffrey Kazinda.
Kazinda who is currently in Prison at Luzira took on the Ugandan government seeking to challenge the decision of anticorruption court and the Court of Appeal by way of reference at the East African Court of Justice.
A panel of five justices unanimously ordered the IG to pay legal costs incurred by Kazinda in the application.
While dismissing the application, the judges explained that the IG is not an institution of the community as envisaged under Article 30 (1) nor is she an organ of the community as stipulated under Article 9(1) of the treaty.
“The inspectorate of Government has no international legal personality and cannot therefore be held responsible for the government of Uganda’s acts or omissions under the Treaty,” the court ruled.
The Regional Court held that the actions of IG could only be challenged in the EACJ court through the Attorney General as the IG does not personally fall within the purview of the treaty.
“She (IG) cannot be joined as a respondent to any proceedings before this court and the court has no jurisdiction over her in that context.”
“Having determined that the IGG has no locus standi to appear in the capacity that she seeks to do in this court, and that the court has no jurisdiction over them in that regard, the court cannot proceed beyond this point,” the court ruled.
Documents before the Regional Court shows that the IG had filed the application for extension of time within which to lodge a response to Kazinda’s reference.
The Uganda government ombudsman had argued that it investigated and prosecuted Kazinda for illicit enrichment at the Anticorruption Court in Uganda from which the judgement that the jailed former government principal accountant is challenging.
Upon dismissal with costs the IG’s application, Kazinda filed a bill of costs worth Shs148 million which is set for taxation before the Acting registrar of the EACJ.
Meanwhile the regional court is set today (August 16,2025) to hear an application in which Kazinda is seeking an order against the IG to pay more than Shs148 million.
“Take notice that the applicant’s bill of costs in this Honourable court has been fixed for taxation on Tuesday before Her Worship Christine Mutimura, Acting Registrar in open court at the EAC HQ building, EACJ Wing, Arusha –Tanzania,” reads the notice.
According to the notice inviting Kazinda and the Inspectorate of Government both to appear in person or through their lawyers, the court will proceed to hear the case and make necessary orders in their absence.
Before the regional Court, Kazinda is seeking for declarations that the actions, proceedings and decisions of the Court of Appeal delivered in 2020 are unlawful, infringed on the fundamental and operational principles of the East African community which include good governance, adherence to the principles of democracy, rule of law and accountability.
In the case against the Attorney General (AG) of Uganda, Kazinda is also asking the EACJ to issue an order annulling the decisions of the Court of Appeal in Uganda as well as the Anticorruption Court in which it arose.
The case at the Regional Court resulted from failure of the IG to respect the Constitutional Court order requiring Kazinda’s release.
Court documents show that the Inspectorate of Government investigated and prosecuted cases of illicit enrichment in which Kazinda was convicted before the Anticorruption Court leading to orders directing the confiscation of his property.
In March 2022, the Court of Appeal dismissed Kazinda’s appeal challenging his conviction and sentence which prompted the jailed accountant to petition the regional court seeking to overturn the proceedings and decisions of the appellate court.
The Constitutional Court, in 2020 held that the continuous prosecution of Kazinda amounted to double jeopardy within the meaning of Article 28(9) of the Constitution and ordered for Kazinda’s release from Luzira Prison.
The Constitutional Court held that the numerous trials for offences similar in character amounted to a deprivation of the right to a fair hearing and contravened Articles 28(1) and (9) of the Constitution.
The court ordered for the release of Kazinda but the AG appealed to the Supreme Court.
In June 2024, the appeal was heard and a judgment was set to be delivered on notice which a year later was yet to be issued.
Kazinda’s fate in regard to being released awaits a decision of the Supreme Court that is yet to be delivered more than a year later since the Attorney General appeal was heard.
