KAMPALA, Uganda — The Court of Appeal has ordered the arrest and imprisonment of three men convicted in the multi-billion-shilling Mukono-Kyetume-Katosi Road scam, dismissing their appeals against conviction and sentencing.
In a unanimous decision, a panel of three justices upheld a 2018 High Court Anti-Corruption Division ruling that found Apollo Senkeeto, Joe Ssemugooma and Wilberforce Senjako guilty of corruption-related offenses.
The trio was convicted by Justice Lawrence Gidudu for their roles in the fraudulent award of a 24.7 billion Ugandan shillings (Shs.) road contract to the non-existent Eutaw Construction Company. Senkeeto, who falsely represented the U.S.-based company, was found guilty of theft, uttering false documents and obtaining securities by pretense.
Ssemugooma, the acting director of finance at the defunct Uganda National Roads Authority (UNRA), and Senjako, a junior officer, were convicted of corruption and failing to verify forged securities. Their failure facilitated the loss of public funds.
During their appeal, the men argued that their convictions were based on weak circumstantial evidence and a misapplication of procurement laws. However, the Court of Appeal rejected these claims, stating it had “carefully re-evaluated the entire record.”
The appellate court also declined to reduce the five-year custodial sentences, stating they were proportionate given the significant public loss and breach of trust.
In a separate cross-appeal, the state sought to overturn the acquittals of former Works Minister Abraham Byandala, former UNRA Executive Director Berunado Kimeze, legal officer Marvin Baryaruha and banker Isaac Mugote. However, the justices upheld the acquittals, agreeing with the High Court that Byandala’s directive to sign the contract before completing due diligence did not amount to an abuse of office.
The court cited sections of the UNRA Act and Procurement Regulations that grant the minister supervisory authority and permit due diligence at any stage. While noting that best practice would have been to conduct due diligence beforehand, the court found no criminal conduct.
With the dismissal of the appeals, warrants of arrest have been issued for Senkeeto, Ssemugooma and Senjako to serve their sentences. The ruling marks a significant development in the long-running Katosi road saga, one of Uganda’s most notorious procurement scandals.
The 24.7 billion Shs. road upgrade, originally awarded in 2013, was later re-procured at a higher cost after the fraud was uncovered, causing years of delay. During the original trial, Justice Gidudu described the scheme as a “well-orchestrated fraud on the taxpayer,” a conclusion now affirmed by the Court of Appeal. The ruling clears the way for the men’s imprisonment nearly seven years after their initial conviction.
