October 24, 2023.
KAMPALA, Uganda | The Supreme Court of Uganda has upheld the convictions of former Permanent Secretary of the Ministry of Local Government, Kashaka Muhanguzi John, and his accomplice, Bamutura Henry, the former Principal Accountant. The case revolves around the procurement of 70,000 bicycles intended for Local Council I Chairpersons to facilitate their movement for effective local government administration.
The convictions center on the charge of Causing Financial Loss, stemming from a controversial payment of USD 1,719,454.58 to AITEL, an Indian-based company, for a partial payment for the bicycles. The Court upheld the compensation order for the same amount to be jointly paid by all the convicts to the government. The legal battle has spanned years and represents a significant milestone in the fight against corruption in government procurement processes.
Kashaka and Bamutura’s convictions were based on their involvement in the payment to AITEL, which raised concerns due to discrepancies in shipping documents. These discrepancies had been brought to their attention by the Bank of Uganda. The procurement process had been marred by irregularities and violations of due process.
Notably, the Court also acquitted Emorut Sam, Assistant Commissioner of Policy and Planning in the Ministry of Local Government, who had been convicted for Abuse of Office and Neglect of Duty. His conviction had resulted from his recommendation of AITEL as the best bidder for the bicycle procurement, despite the company’s late submission and failure to meet required specifications. The Court ruled that his actions had been ratified by the Procurement and Disposal Unit and the Contracts Committee.
The Supreme Court’s decision was made by a panel comprising the Hon. Chief Justice Alfonse Owiny Dollo, Justice Mike Chibita, Justice Faith Mwondha, Justice Elizabeth Musoke, and Justice Percy Tuhaise.
This case, which has garnered significant attention and become emblematic of the fight against corruption in Uganda, began in 2014. Kashaka, Bamutura, and four others were convicted by the then Anti-Corruption court judge Catherine Bamugemerire. They were handed sentences ranging from one to 13 years in jail for their roles in contracting AITEL, a company later deemed to be a sham, for the purchase of 70,000 bicycles from India.
Kashaka’s sentence was upheld by the Court of Appeal judges including Hellen Obura, Elizabeth Musoke, and Christopher Madrama.
