SAVERS’ CASH HEIST! Court Upholds 5-Year Jail Term For Kalerwe Market Traders Cash Round Bosses
The Criminal Division of the High Court has upheld a five-year prison sentence imposed on two former officials of a cash savings group at Kalerwe Market for stealing money belonging to its members.
Justice Gadenya Paul Wolimbwa confirmed the sentences against Joseph Balikuddembe, the group’s chairperson, and Ssentongo Juma, its deputy chairperson, following an appeal against their conviction and sentence by the Buganda Road Chief Magistrate’s Court.
In dismissing the appeal, Justice Gadenya held that the prosecution had presented irrefutable evidence showing that the two men had stolen savings belonging to at least 11 members of the Naawe Osobola group, an informal savings scheme comprising more than 200 traders at Kalerwe Market.
The judge relied on testimonies from the affected members, which he said detailed repeated personal transactions, distinguished previous repayments from the outstanding savings cycle, and identified relevant entries and signatures where records were available.
Justice Gadenya noted that the accounts could not reasonably be reconciled with the convicts’ categorical denial of ever receiving the members’ savings. He further ruled that the denials were deliberately false and concerned matters within the personal knowledge of the two men, rather than being mistaken recollections of amounts or unfamiliarity with the group’s name.
The judge also rejected explanations that the denials could have resulted from mistaken recollection, fear of being disbelieved or an attempt to avoid civil liability.
He observed that the repeated personal collections, earlier assurances of repayment, subsequent denial of the entire custodial relationship and claims of exclusive ownership of the money demonstrated an intention to conceal the entrusted nature of the funds and defeat the savers’ claims.
Court records indicate that members of the Nawe Osobola group regularly contributed money, which was to be returned to them after at least six months. The savings were reportedly deposited on joint accounts held by Balikuddembe, Ssentongo and the group’s treasurer, Sarah Nakkazi, at Equity Bank and Pride Microfinance.
However, between December 2022 and June 2023, members failed to receive their savings, prompting them to report the matter to the police. They claimed to have lost at least Shs295 million.
In its initial ruling, the Buganda Road Chief Magistrate’s Court sentenced the two men to five years in prison and ordered them to refund the 295 million Shillings claimed by the members. However, Justice Gadenya found that only 11 members had sufficiently proved that their money had been stolen by the two convicts.
The judge consequently revised the compensation award to Shs43,685,000, the amount established beyond reasonable doubt, and ordered the two men to pay it in equal shares. Justice Gadenya rejected the larger amount claimed, stressing that the criminal compensation awards could not be increased through any subsequent audit or administrative process.
He noted that other complainants whose losses had not been proved in the criminal proceedings, including those excluded from the compensation schedule, remained free to pursue recovery through civil proceedings.
The judge added that any such claims would have to be established under the applicable civil law, with any payments already received for the same losses taken into account.
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