KAMPALA – The Supreme Court sitting in Kampala have ordered John Muhanguzi Kashaka the former Permanent Secretary Ministry of Local Government and Henry Bamuturaki to serve a 10 years sentence, refund 4.2 billion shillings and banned from holding public offices for a period of 10 years as earlier upheld by Court of Appeal.
In 2014, Anti Corruption High court Judge Catherine Bamugemereire convicted Muhanguzi and five others as a result of causing financial loss to the government when they failed to procure 70,000 bicycles which were meant for LC.1 and parish Chairpersons
These being not satisfied with the judgement and sentence, petitioned the court of appeal where the sentence was upheld except for Robert Mwebaze (A3) who was acquitted before the rest proceeded to the Supreme Court.
In their judgment delivered on Tuesday, the five justices of the Supreme Court led by Chief Justice Alphonse Owiny Dollo, agreed that Sam Emorut Erongat (3rd appellant) was wrongly convicted and set aside his conviction, sentence, and compensatory orders.
“It is our considered opinion that the learned Justices of Appeal erred in holding the Third appellant liable for award of the contract to AITEL when his committee, the Evaluation Committee, does not have powers to award a contract.” Said Dollo in the lead judgement
The court added that since and Public Disposal Unit (PDU) and the Contracts Committee were the final gatekeepers who nevertheless ratified the decisions of the Evaluation Committee, the Third appellant cannot be culpable for the offence of Neglect of Duty or Abuse of Office or of any other offence.
For Muhanguzi and Henry Bamutura, the justice court ruled that the court of Appeal properly re-evaluated the evidence and thus reached on a right conclusion
“We therefore find this claim of shifting responsibility for the loss to Bank of Uganda, diversionary, unsupported by law or without a single iota of merit. The existence of the discrepancies is well documented and admitted by all the parties.”
The justices therefore agreed that the party responsible for clarifying or clearing the discrepancies was the Ministry of Local Government and Kashaka being the Accounting Officer, definitely bears the primary responsibility for the contract.
“It is indeed him and the Principal Accountant, who,according to PEX 26(2), waived the requirements and discrepancies cited by the Bank, which led to the payment of the 40% of the value of the Letters of Credit.”
On the ground, where Bamutura through his counsel challenged being awarded both compensatory and custodial sentence at once, court ruled that the lawyer failed to convince court that it was done illegally.
“The learned Counsel for the second appellant do not give any authority for stating that the two cannot be awarded
Concurrently. We are persuaded by the law and the authorities presented by learned Counsel for the respondent that court has powers to grant both a custodial sentence and a Compensation Order.”
The justices also pointed out section 126 of Trial and Indictment Act which provides for compensation orders in addition to a custodial sentence.
Being the last top court in Uganda, the two will have to serve their sentences and pay the compensation as it was stated by the trial court.
