KAMPALA, Uganda | On November 4, 2024, Chief Magistrate Erias Kakooza dismissed businessman and former Nakawa West parliamentary contestant Mukesh’s application to stay criminal proceedings. Mukesh, along with Judith Ayebare, manager of Shumuk Investments Ltd, and accountant Dharamdip Kadikar, face charges of obtaining UGX 221 million from Alvi Auto Village Ltd under false pretense in 2020 and 2021, as well as conspiracy to defraud.
The charges relate to an alleged scheme in which the accused offered leases on two plots of land in exchange for the funds. Fraud, defined as obtaining money by false representation, carries a maximum sentence of five years under the Penal Code Act, while conspiracy to defraud is punishable by up to three years in prison.
Mukesh sought to stay the criminal proceedings, arguing that civil proceedings involving the same matter were ongoing at the Commercial Division of the High Court. His application stated that the criminal trial should be paused until the resolution of the civil case. However, State Attorney Mariam Kulusum opposed the request, indicating that investigations were complete and the prosecution was prepared to proceed, with evidence and witnesses ready.
Chief Magistrate Kakooza ruled that the criminal and civil cases were separate and distinct, and denied the application for lack of merit. The matter was adjourned to December 2, 2024, for further hearing.
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