Luyimbazi & 2 Ors v Uganda (HCT-00-AC-CN 21 of 2012)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
Held that payments for police guard services provided under Police Act s.71 constitute government revenue that must be paid into the Police Welfare Fund and Consolidated Fund. The appellants, as senior police officers, received such payments into an account they operated, failed to remit the funds as required, and could not account for the money. Convictions for abuse of office and embezzlement upheld. Repeal of the charging statute did not nullify proceedings under Interpretation Act s.13(2)(e). Sentences confirmed.
Outcome
Appeal dismissed; convictions and sentences upheld
Facts
The appellants were senior police officers heading Mityana Police Station who deployed officers for guard duties at UTL institutions and Mwera Tea Estates. They opened a bank account named 'OC Police Mityana' to receive payments for these services. Users of the guard services drew cheques payable to 'OC Police Mityana' believing the money would go to the Inspector General of Police. None of the money reached the police treasury or IGP. The appellants operated the account single-handedly, spent the money, and failed to account for it. They were charged with abuse of office and embezzlement, convicted by the Chief Magistrate's Court, and sentenced to prison terms of one to three years.
Issues
- Whether payments received for police guard services constituted government revenue.
- Whether the appellants could be prosecuted when the practice of collecting money at source had existed for years before their posting.
- Whether the trial magistrate erred in reopening the prosecution case after closing it.
- Whether the prosecution proved embezzlement in the absence of a complainant, investigating officer, and audit report.
- Whether the trial magistrate misdirected himself on the law of embezzlement.
- Whether the sentence imposed was excessive.
- Whether proceedings were nullified by the repeal of the charging statute.
Orders
- Appeal dismissed.
- Convictions for abuse of office and embezzlement upheld.
- Sentences of one to three years' imprisonment confirmed.
- Orders for refund of money not disturbed.
Rules and key headnotes
Legislation cited (6)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.