By Sakur AbdulSalam
Jailed former National Social Security Fund (NSSF) Managing Director David Chandi Jamwa has filed a notice of appeal at the Supreme Court to challenge his 12 -year jail term.
Jamwa, 47, filed the notice of appeal on Wednesday through his lawyer David Mpanga.
In the notice of appeal, Jamwa contends that he is dissatisfied with his conviction and sentence by justices Rubby Opio Aweri and Kenneth Kakuru who re-evaluated the evidence from the Anti-corruption court.
On Monday, the justices ruled that the evidence on record was sufficient enough to prove that he acted arbitrarily when he authorised the sale of several NSSF bonds to the Crane Bank now in receivership before their maturity dates.
They observed that retired judge John Bosco Katutsi properly evaluated the evidence on record and reached a right conclusion in convicting and sentencing him.
The Justices also imposed a 4-year jail term on Jamwa for abuse of office but they said it will run concurrently with the 12-year jail term.
According to the justices, unlike the offence of abuse of office, the offence of causing financial loss does not have to result from arbitrary act.
In 2011, Jamwa was sentenced to 12 years in jail by Justice Katutsi after he was found guilty of the offences, prompting him to appeal against it at the Court of Appeal.
But the justices upheld the sentence on grounds that they cannot interfere with a sentence imposed by the trial judge unless the judge acted on a wrong principle or overlooked a material factor or the sentence was illegal.
They ruled that Jamwa was properly charged under section 20 of the Anti-Corruption Act (ACA) since it applies to persons employed by government, bank, credit institutions, insurance company and public bodies.