The hearing of the appeal by former National Social Security Fund (NSSF) managing director David Jamwa failed to take off in the Court of Appeal yesterday because of lack of quorum.
The quorum for hearing of a criminal appeal is three judges.
Jamwa was sentenced to 10 years in jail by the Anti-Corruption Court in February 2011 for causing financial loss of Sh3 billion to NSSF when he was still the Managing Director.
“We do not have a quorum and the acting chief justice has a problem with his reading glasses. The file will be forwarded back to the registrar to fix another date if possible in this session or another one,” said Justice Kenneth Kakuru of the Court of Appeal.
During the conviction in the Anti-Corruption Court, the trial Judge John Bosco Katutsi said it was common knowledge that workers cannot access their contributions till they attain the age of 50 when often their children are sent away from school and that Jamwa deprived them of Sh3 billion in just 21 days.
The judge also noted that Jamwa earned a hefty salary of Sh18m per month and other lucrative allowances yet he aanced himself more than Shs200m making himself one of the richest public servants at the expense of the savers.
“Did it not appear to you as odd that those you had mandated to sell became the purchasers within a short space of less than 24 hours after the mandate. There must have been something sinister beneath this pretence of innocent dealing. I have no regret sending you to jail,” Justice Katutsi ruled.
Justice Katutsi however acquitted Jamwa of the charges of abuse of office.
Jamwa has been out on bail for three years pending his appeal at the Court of Appeal.
SOURCE: Daily Monitor