South Sudan

Dr. Machar Returns to South Sudan

The Constitutional court, order website Tuesday morning granted bail to former Permanent Secretary in the Ministry of Local Government, information pills John Kashaka  who was recently sentenced to 10 years in prison for causing a Shs 5 billion loss in the procurement process of bicycles Local Council leaders.

The former permanent secretary had applied for bail in the Court of Appeal which was at first quashed by Justice Solome Balungi Bbosa who held that the convict had not proved exceptional circumstances to support his request and the huge sums of money lost by government had not been recovered.

The judge further stated that the grounds of ill health and advanced age by the former Permanent Secretary were not exceptional circumstances quoting the Trial Indictment Act and therefore squashed his bail application.

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However, Kashaka later took to the Constitutional Court seeking to reverse the earlier judgement by the Court of Appeal .

In his submissions to the 3 justices of the court led by Steven Kavuma, Augustune Nshiimye and Rubby Opio Aweri, Kashaka said that the

Court of Appeal had erred when they denied him bail yet his health was poor, he was of advanced age and had presented substantial sureties.
In their judgement, read by Court of Appeal Registrar Deo Nzeyimana, the 3 judges said that denying someone bail should not be done as a punishment to the applicant  though a convict, but his innocence has to be extinguished.

“The single justice erred in denying the applicant(Kashaka) bail pending appeal on the ground that no exceptional circumstances  for the granting of relief were proved. We are satisfied that all the relevant considerations set out are satisfied by him, “read part of the judgement.

The judges however ordered Kahska to hand over one of his titles as security  as he was also ordered to report every month until his application seeking the reversing of the 10 year  sentence is disposed off  whereas his passport was also retained.

“Each of the sureties shall bind himself by signing a bond of shs5m not cash whereas shs8m shall be deposited by the applicant as part of fulfillment of that court’s bail conditions. A breach of any of the above conditions shall render the bail pending appeal liable to automatic cancellation,” the judges of the Constitutional Court.

The Anti-Corruption Court on July 17, this year sentenced Mr Kashaka to ten years and ten days in prison after he was found guilty of causing government a financial loss of Shs4.2 billion in a botched procurement of 70,000 bicycles meant for village and parish chairpersons to facilitate their work for the 2011 election campaigns.
The leader of South Sudan rebel movement, troche Dr. Riek Machar has officially returned to his country since the war broke out in the country last December, Chimp Corps report.

Dr. Machar touched down at Pagak in Upper Nile State on Monday for a consultation meeting with his military generals on the ongoing Peace Talks in the neighboring Ethiopian capital of Addis Ababa.


President Salva Kiir had earlier refused to accept Machar’s meeting with the Generals.


However, it appears peace talks mediators urged Kiir to allow Machar convince the Generals to lay down arms in the interest of peace.


Negotiations are underway to give Machar an executive Prime Minister position though government maintains the post of Vice president will remain in place.


Machar wants sweeping powers in the transitional government which include commanding his own army within the SPLA mainstream army.


The rebel leader, who has agreed a power sharing Transitional Government with the Juba regime, is expected to share with generals in Pagak today the critical ingredients in the deal mainly his position as the Prime Minister and powers that will be granted to him.


IGAD gave both sides 15 days for consultation with their allies on the agreed positions of the power sharing deal in Addis Ababa.


The government side has already been holding meetings in capital Juba with different stakeholders starting with the council of ministers.


Dr. Machar, who is also the former Vice President, was accompanied to Pagak by envoys from United States, United Kingdom, Norway, Netherlands, European Union and members of IGAD mediators and leaders.


The deadliest internal strife since independence broke out in South Sudan on 15th December 2013 during a ruling SPLM national conference, when Dr. Machar walked out of the meeting and immediately heavily armed elite presidential guards started fighting each other.


The skirmishes culminated into a full scale war where Dr. Machar was accused by Kiir of masterminding a plot to illegally overthrow the legitimately elected government, a charge the former denied.


Peace Talks have been taking place since late last year to reconcile the two side as 1.9 million people are already internally displaced , 500,000 to neighboring countries and over quarter of the total population surviving on aid from aid agencies.

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