In a blockbuster ruling at Buganda Road Court on Wednesday, the Chief Magistrate, His Worship Ronald Kayizzi, asserted that city businessman and company director at Taifa Partners Limited, Emmanuel Asiimwe has a case to answer following the evidence that was tabled before the court about his forgeries.
“According to the evidence on court record, I find that the accused person, Asiimwe only defends himself in this matter and therefore has a case to answer and can only put in his defense” His Worship Kayizzi said.
The ruling was delivered in the absence of embattled Asiimwe who is believed to have deliberately skipped the session since he had earlier been notified about the due date by the same court.
Asiimwe’s flamboyant team of five lawyers; Stanley Okecho – lead counsel, Pius Katumba Busobozi – vocal counsel, Rogers Mugabe, bumlicious Patricia Mugisa, and Elizabeth Kutesa Mugumya all from GEM Advocates were conspicuously missing by the time the Chief Magistrate started reading the ruling. It was on record that they did not put in their submissions, despite the fact that they were given ample time.
In the midst of reading, however, one of Asiimwe’s lawyers, bespectacled Mugabe, sneaked into the courtroom as if he were taking a leisurely walk and nodded in approval of the ruling. On being ‘provoked’ by the Magistrate on why they did not put in their submissions, Mugabe said it was their strategy, a clear stance that they deliberately ignored the noble cause. Left with no other option, the Chief Magistrate fixed September 15, 2025 to commence the defense hearing.
It should be noted that Asiimwe’s court hearing started in 2023 and he has since been buying time by changing lawyers until he landed the counsels from GEM Advocates that seemed determined to represent him until the matter ends. His previous lawyers, Michael Byamukama and Junior Kanyamuyenga, had become a laughingstock in the courtroom for raising funny excuses ranging from traffic jam to their client having a constant running stomach hence, could not hold the events of the day. This forced the court to keep adjourning the matter while issuing serious warnings.
Meanwhile, Asiimwe used the bought time to comb all the offices at the DPP’s building and Registrar of Companies only to be told that there was enough evidence to prove that he forged the company documents in question.
BACKGROUND OF THE MATTER
Embattled Asiimwe is accused of forging and uttering false documents. Asiimwe is aware that he has a very bad case with evidence all over. He does not have any sound defense since he is pinned by his fellow directors. During the earlier court presentations, Charles Okello (former company secretary) pinned Asiimwe for forging his signature and making special company resolutions without his knowledge and involvement.
Okello, a former worker at Asiimwe’s other company, Integrated Agritech Uganda Ltd as a mechanical engineer, was appointed director after he bought 5 percent shares in Taifa Partners Ltd. He told the court that after allotting him 5 shares, 10 shares were also allotted to Assa Tumwesigye (also a director with powers of attorney) and Asiimwe was appointed the Managing Director with 85 shares in the company. On November 23, 2021, Okello was appointed as the company secretary.
Asiimwe went ahead to acquire 10 shares from Tumwesigye back to himself. He may have done this to acquire 95 percent of the shares, making it difficult for any other director to make decisions. As a Managing Director with a sole signatory role, he singly accessed all the company accounts.
On 15th July, 2022, Asiimwe forged both a company resolution and power of attorney, which he used to revoke a power of attorney previously granted to Tumwesigye by the company and appointed himself instead.
Tumwesigye filed a petition in URSB (Company Petition No. 21783 of 2023 ) and in its ruling dated 11th august 2023,they confirmed that the documents that Asiimwe used to revoke Tumwesigye’s power of attorney were a product of forgery and were all expunged from the URSB registry. Assa Tumwesigye’s power of attorney was reinstated.
Okello Charles, in his testimony, produced three other company resolutions that Asiimwe uttered in Stanbic and I & M banks, all bearing forged signatures of Okello Charles, who was the company secretary at the time.
The prosecution lead several witnesses in court in order to pin Asiimwe Emmanuel and these include: a handwriting expert report to prove the forgery of Okello Charles, the bank officials, MTN security and investigating officers and other witnesses.
Source:The Kenya Post
