Kerry Howard Mwesigwa.
KAMPALA, November 29, 2023 | A group of lawyers, representing Mr. David Balondemu, Chairman of the Kampala District Land Board, who is accused of fraud, has raised objections over the recent summons issued by the Criminal Investigations Directorate (CID) in collaboration with the State House Anti-Corruption Unit (SH-ACU). The lawyers, including prominent names such as Caleb Alaka, Evans Ocieng Kamba Hassan, and others, allege harassment and intimidation by the state attorney and have sought intervention from the Director of Public Prosecutions (DPP).
Mr. David Balondemu and co-accused Mr. Ibona Joseph, a lawyer under M/S Bloom Advocates, face charges of obtaining money by false pretense and conspiracy to commit a felony. The accusations stem from allegedly defrauding an American company, KG Unlimited LLC, of over $553,000 by falsely promising a contract to supply agricultural drone sprayers and fertilizers from the Ministry of Agriculture.
The legal saga took a dramatic turn when the accused applied for bail on November 20, 2023, presenting medical documents indicating that Mr. Balondemu had a scheduled surgery on November 22, 2023. However, the prosecution challenged the authenticity of the documents, alleging forgery, and sought their removal from the court records. The court reserved its ruling on the matter, scheduled for November 29, 2023.
Adding a layer of complexity to the case, on November 24, 2023, the senior state attorney at Buganda Road, Mr. Kyazze Ivan, lodged a complaint with the SH-ACU against the lawyers, accusing them of forging and uttering false medical documents in court. Subsequently, the CID summoned the lawyers to appear before the SH-ACU on November 27, 2023, for assistance in their investigations.
In response, the lawyers, in a letter dated November 28, 2023, addressed to the DPP, expressed their discontent with the summons, asserting their absolute privilege on matters presented in court and rejecting blame for representing their client within ethical bounds. They accused the state attorney of acting in bad faith and attempting to influence the court’s bail decision through a parallel investigation.
Moreover, the lawyers questioned the state attorney’s choice to complain to the SH-ACU, emphasizing that such matters fall within the purview of the DPP, responsible for prosecuting criminal offenses under the Penal Code Act. Copies of the letter were sent to key stakeholders, including the Chief Justice, the President of the Uganda Law Society, the Minister of Justice and Constitutional Affairs, the State House Legal Department, and their clients.
