Buganda Road Chief Magistrate Jameson Karemani has dismissed the case against UNRA Executive director Allen Kagina stating that the applicants who wanted to proceed against Kagina via private prosecution had not complied with the law. Keramani insisted that before an individual initiated a private prosecution, he had to clearly state where the offence had been committed but the applicants had not stated this.
“I have looked at the complaint on oath against Kagina who was the Commissioner General at the time of the alleged offence. The same does not specify where the incident took place for purposes of determining jurisdiction,” the Magistrate noted while dismissing the case”, Keramani stated.
Keramani also noted that by attaching a legal notice and other documents the complainant wanted to make the court an investigating arm. “There is no proof that the complainant has availed this information to state organs possessing the capacity to investigate such crime and they have not done so. I accordingly find no prima facie offence committed that is disclosed and I dismiss the case,” the magistrate noted.
However highly placed security sources say that security agencies were already investigating claims that Kagina had been selectively targeted owing to her campaigns in the clean-up of UNRA.
The source further told New Vision that the group involved former staff at UNRA and selected companies that were being forced to remit funds that were misappropriated were financing the cases not only against Kagina but some staff working under her now aimed at derailing and blackmailing them.
In his affidavit, the lawyer also stated that, “between January 2011 and February 2012, Kagina who was the Commissioner General of the URA, allowed some importers to import additional sugar into Uganda at a remitted duty of 10% well knowing that these importers are not on the approved list of Ugandan Manufacturers qualified for remittance on sugar.”