Bongo Movies actress Kajala Masanja has been set free by the court

THE Court of Appeal has acquitted an ex-banker, Faraji Chambo, and his wife, Kajala Masanja, a Bongo Movie actress, who were fined 226m/- or serve 21-years custodian sentence for conspiracy

Justices Bernard Luanda, Batuel Mmilla and Richard Mziray ruled in favour of the couple after allowing grounds of appeal against the findings given by the High Court on December 4, 2013They found that the evidence viewed as a whole did not prove the prosecution’s case beyond reasonable doubt.

“In these circumstances, it would be unsafe to uphold the appellant’s conviction,” they declared. The justices, therefore, proceeded to allow the grounds of appeal Chambo, the appellant, had presented and quashed his conviction and setting aside the sentence imposed against him. They ordered that the appellant should be released forthwith unless he is held for other lawful cause.

In the appeal, only Chambo had challenged the lower court’s decision, while his wife, who had paid the fine to escape the jail term, had not wished to disturb such findings. But the justices could not end their judgment without discussing Kajala’s conviction and sentence too.

They noted that the couple was charged jointly in counts of conspiracy and transfer of proceeds of property of corruption. According to them, the evidence leading to Kajala’s conviction was the same to that adduced against her husband.

“What has disturbed us much is whether her conviction and sentence could continue to stand even after we have found the appellant not guilty under (these) counts. We are of the settled view that the yardstick we used to determine the fate of the appellant should also be used to (her), they said.

The justices pointed out that much as she did not prefer an appeal but with all fairness, as the evidence adduced to support the charges was insufficient, then like the appellant, her conviction and sentence could not be allowed to stand.

“In the circumstances, we invoke the revisionary jurisdiction conferred to us under section 4 (2) of the Appellate Jurisdiction Act, the conviction and sentence imposed on (Kajala) in the (two) counts of the charge are hereby quashed and set aside,” they declared.

On March 25, 2013, Resident Magistrate Sudi Fimbo convicted Chambo of all three counts and ordered him to pay 213m/- or go in jail for 13 years, while Kajala was held accountable on conspiracy and illegal transfer charges and fined 13m/- or jailed eight years in default of paying the fine.