THE REPUBLIC OF UGANDA

IN THE HIGH COURT OF UGANDA AT JINJA

CRIMINAL APPEAL NO. 007 OF 2007

1.      BWANIKA GODFREY            }

2.      LUTAAYA GERALD   }::::::::::::::::::::::::::::::::: APPELLANTS

3.      MASABA HERBERT   }

VERSUS

UGANDA                                          }::::::::::::::::::::::::::::: RESPONDENT

[Appeal from the Decision of Her Worship Elizabeth Kabanda

(Chief Magistrate) dated 9^th February 2007 in Mukono Criminal Case No. 077 of 2004]

BEFORE: HON. LADY JUSTICE IRENE MULYAGONJA KAKOOZA

JUDGMENT

This appeal arose from the judgment of Ms. Elizabeth Kabanda sitting as the Chief Magistrate at Mukono in which she convicted each of the appellants for causing financial loss c/t s. 269(1) and 270 Penal Code Act (PCA) and abuse of office c/t s.87 PCA. In addition she convicted the 3^rd appellant for embezzlement c/t s.268 (a) and (g) of the PCA. She sentenced all the appellants to 3 years imprisonment on the 1^st count and to 1 year of imprisonment on the 2^nd count with the option of a fine of shs 1m each. The 3^rd appellant was singularly sentenced to a term of imprisonment of 3 years on the 3^rd count with the option of paying a fine of shs 2m. The appellants appealed against both conviction and sentence.

That background to the appeal is that the appellants were the employees of Kayunga District Local Government (hereinafter also referred to as

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