Kerry Howard Mwesigwa.
KAMPALA, November 29, 2023 | Kampala District Land Board Chairperson and two accused who are accused of defrauding an American company of over about $553,000 US Dollars have been granted bail by the Buganda Road Chief Magistrates Court on 29th November, 2023, amid controversy over the medical documents they presented in court. The court also ordered the expunging of the medical documents from the court record, saying they were questionable and subject to criminal investigations.
The accused persons are Mr. Balondemu David, the chairperson of the Kampala District Land Board, Mr. Ibona Joseph and Eric Mkwe Geoffrey, lawyers working under M/S Bloom Advocates. They are facing charges of obtaining money by false pretence and conspiracy to commit a felony. They are alleged to have conned an American company, KG Unlimited LLC, of over $553,000 US Dollars by lying to them that they would secure them a contract of supplying agricultural drone sprayers and fertilizers from the Ministry of Agriculture.
The accused persons applied for bail at the Buganda Road Chief Magistrates Court on 20th November, 2023, and presented two medical documents purportedly authored by Kampala Hospital indicating that Mr. Balondemu had a scheduled surgery on 22nd November, 2023, as part of the grounds for bail. The prosecution, however, challenged the authenticity of the documents and applied to expunge them from the court record on grounds of forgery. The court reserved its ruling on the application and the bail application for 29th November, 2023.
On 29th November, 2023, the court delivered its ruling on the bail application and the application to expunge the medical documents. The court granted leave to the defence to have the medical documents in respect of Mr. Balondemu expunged from the court record and said they would not form a basis for the grant of bail for him. The court said that to make a finding on forgery in a bail application would not only be a miscarriage of justice but also a grave injustice and unprecedented. The court said that the authenticity of the medical documents would be subject to investigations and once complete those responsible for forgery if proved would be charged.
The court then proceeded to hear the bail application for the accused persons and determined whether to grant them bail. The court considered the submissions of the defence and the prosecution, as well as the constitutional right to liberty and the presumption of innocence of the accused persons. The court also took into account the nature and gravity of the offence, the character of the accused persons, the likelihood of absconding, the public interest, and the sureties presented by the accused persons.
The court found that the accused persons had fulfilled the conditions necessary to be granted bail and granted them bail. The court set the bail at cash UGX 5 million each and bond sum of UGX 20 million levied upon the sureties. The court also ordered the accused persons to deposit their passports and other travel documents with the court and to report to the court registrar every fortnight. The court also adjourned the case to 7th December, 2023, when the trial is expected to commence.
