October 17, 2023
KAMPALA, Uganda | The Anti-Corruption Court in Uganda has handed down a conviction and a sentence to Kigwana Simon, a former State Prosecutor in the Office of the Director of Public Prosecutions. Kigwana was found guilty on two counts of corruption, stemming from a case that began in 2019. He was arrested by the Anti-Corruption Unit – State House Uganda, in collaboration with the Uganda Police, for soliciting a gratification of UGX6 million from court users to influence bail proceedings at the Nabweru Chief Magistrate’s Court.
Grade one magistrate Esther Asiimwe delivered the verdict just three days after finding Kigwana guilty of corruption. She emphasized that the prosecution had established beyond a reasonable doubt that Kigwana, during his tenure as a prosecutor, had directly solicited a gratification of UGX 6 million from Zam Ndagire and Octavious Kasumba.
The case revolved around threats of violence at the Nabweru court, which Kigwana was prosecuting. During interactions related to the case, Kigwana solicited and received money. He was apprehended by detectives from the State House Anti-Corruption Unit, who, working with the complainants, offered the money to Kigwana in a car parked near Nabweru court. The evidence included a photocopied envelope containing UGX 200,000, and Kigwana’s arrest followed promptly.
Kigwana, who denied the charges, faced strong evidence presented by senior state attorney Nicholas Kawooya, supported by seven witnesses. In her ruling, Magistrate Asiimwe noted that Kigwana had willingly entered a trap set by the complainants, leading to his arrest red-handed.
State attorney Kawooya emphasized the need for a deterrent sentence, given the breach of trust by Kigwana, whose actions had put the reputation of the DPP’s office at stake. He acknowledged that corruption was a widespread issue in public offices and that Kigwana’s conduct had dire consequences.
In response, Kigwana, through his lawyer Evans Ochieng, appealed for leniency. He highlighted his long service to the nation since 1999 and the personal losses he had suffered, including the loss of retirement benefits and government employment following the conviction. Ochieng emphasized Kigwana’s role as the sole breadwinner for eight children and a 93-year-old mother. He pointed out Kigwana’s four years of interdiction and his recent enrollment at the Law Development Centre (LDC) to study a bar course.
Taking all factors into consideration, Magistrate Asiimwe imposed a fine of UGX 3.5 million on each count in default of which, the convict would serve a one year imprisonment sentence.
