Apollo Senkeeto the former Katosi road Architect who caused loss of shs 24billion to gobernment in abotched road contract has been granted bail by the Supreme Court..
In a ruling delivered by Justice Mike Chibita stressed that while Senkeeto was not automatically entitled to bail because he has an appeal pending in court, the condition of health justified court’s intervention.
“It cannot be over-emphasised that bail pending appeal is not a right but it is granted at the discretion of court which is exercised judiciously according to the merits of each case,” Chibita said.
Senkeeto was the country representative of Eutaw Construction Company Inc, a US-based firm awarded the contract by the Uganda National Roads Authority (UNRA) to upgrade the Mukono–Kyetume–Katosi/Kisoga–Nyenga road.
The project stalled shortly after commencement, forcing UNRA to terminate the contract and procure another contractor. Investigations later revealed that billions of shillings had been paid out without commensurate work on the ground.
Senkeeto was convicted of theft of Shs24.7 billion, uttering false documents and obtaining execution of securities by false pretence, although he was acquitted of conspiracy to defraud.
On appeal, the Court of Appeal early this year overturned the theft conviction but upheld the other offences, sentencing him to a combined term of about six years and seven months’ imprisonment.
In seeking bail from the Supreme Court, Senkeeto relied heavily on his health. His lawyers told court that he suffers from “a chronic and persistent asthmatic condition and chronic lower back pain”, which had reached “a life-threatening level” and could not be managed in prison.
Justice Chibita quoted directly from the prisons medical report, noting that Senkeeto “suffers repeated intractable asthmatic attacks that are non-responsive to treatment”. The judge further observed that “the current episode of the attack is due to what has been termed as ‘fluffy’ conditions in prison”.
The court accepted the evidence that Senkeeto had been moved between Kigo health centre and Murchison Bay hospital without improvement.
“In my view therefore, his condition cannot fairly be managed in prison. Given that his health is unresponsive to treatment despite being moved in the different Prisons’ medical facilities, this poses a high risk to his health,” Justice Chibita ruled.
While the state argued that the medical report was outdated and that prison facilities were adequate, the judge was not convinced.
Justice Chibita agreed with prosecutors that “although the case did not involve personal violence such crimes are grave and should not be treated more leniently especially where major public projects are derailed and there is a significant implication on the country’s development”.
He also rejected the argument that Senkeeto’s family circumstances or past compliance with bail conditions were, on their own, sufficient.
However, on health grounds, the court took a firm position.
“Guided by the constitutional sanctity of life, where incarceration poses a real risk of death due to a pre-existing medical condition, judicial discretion should tilt towards liberty to ensure the appellant survives to hear the outcome of their appeal,” Chibita ruled.
In Senkeeto’s case, the Supreme Court was explicit that prison authorities had failed to manage his condition despite transfers and treatment.
Senkeeto was ordered to deposit Shs20m in cash bail, present three substantial sureties, surrender his passport, deposit land title documents in court and report monthly to the registrar. A breach of any of these conditions, Chibita warned, shall render the bail pending appeal herein granted to him liable to automatic cancellation.