BI-ANNUAL INSPECTORATE OF GOVERNMENT PERFORMANCE REPORT TO PARLIAMENT
JULY – DECEMBER 2018
Inspectorate of Government Report to Parliament July - December 2018 a Mandate To promote just utilization of public resources
Vision
A responsive and accountable public sector
Mission To promote good governance, accountability and rule of law in public office
Core Values Integrity Impartiality Professionalism Gender Equality and Equity
b Inspectorate of Government Report to Parliament July - December 2018 To promote just utilization of INSPECTORATE public resources OF GOVERNMENT
A responsive and accountable public sector
BI-ANNUAL INSPECTORATE OF GOVERNMENT
To promote good governance, PERFORMANCE REPORT TO PARLIAMENT accountability and rule of law in public office
Integrity Impartiality Professionalism Gender Equality and Equity
JULY – DECEMBER 2018
Inspectorate of Government Report to Parliament July - December 2018 c d Inspectorate of Government Report to Parliament July - December 2018 Inspectorate of Government Report to Parliament July - December 2018 e THE LEADERSHIP OF THE INSPECTORATE OF GOVERNMENT
Justice Irene Mulyagonja Kakooza Inspector General of Government
Ms. Mariam Wangadya Mr. George Bamugemereire Deputy Inspector General of Deputy Inspector General of Government Government
Ms. Rose N. Kafeero Secretary to the Inspectorate of Government f Inspectorate of Government Report to Parliament July - December 2018 THE INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre, Plot 14, Parliament Avenue P.O. Box 1682 Kampala, Uganda General Lines: 0414-255892/259738 l Hotlines: 0414-347387/0312-101346 Fax: 0414-344810 l Email: [email protected] l Website: www.igg.go.ug Facebook: Inspectorate of Government l Twitter: @IGGUganda YouTube: Inspectorate of Government
OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENT Inspector General of Government Justice Irene Mulyagonja Kakooza Tel: 0414-259723 l Email: [email protected]
Deputy Inspector General of Government Deputy Inspector General of Government Mr. George Bamugemereire Ms. Mariam Wangadya Tel: 0414-259780 Tel: 0414-259709 Email: [email protected] Email: [email protected]
Department of Finance and Administration: Secretary to the Inspectorate of Government Undersecretary Finance and Administration Ms. Rose N. Kafeero Ms. Glory Anaŋun Tel: 0414-259788; Fax: 0414-257590 Tel: 0414-230398 Email: [email protected] Email: [email protected]
Information and Internal Inspection Division Public and International Relations Division Head of Division: Mr. Stephen Kasirye Head of Division: Ms. Munira Ali Tel: 0414-342113 Tel: 0414-231530 Email: [email protected] Email: [email protected]
Directorates: Directorate of Education and Prevention of Directorate of Special Investigations Corruption Director: Mr. Joram Magezi Director: Mr. Rwereeza Jossy Jules Tel: 0414-346116/0414-254421 Tel: 0414-348613 Email: [email protected] Email: [email protected] Directorate of Regional Offices Directorate of Leadership Code Director: Mr. Polly Muhairwe Director: Ms Annet Twine Tel: 0414-251383 Tel: 0414-251526 Email: [email protected] Email: [email protected] Project Monitoring Division Directorate of Legal Affairs Director: Mr. James Penywii Director: Ms. Sarah Birungi Kalibala Tel: 0414-347388 Tel: 0414-255322/0414-342135/0414-343739 Email: [email protected] Email: [email protected]
Directorate of Ombudsman Affairs Director: Mr. David Makumbi Tel: 0414-251380 Email: [email protected]
Inspectorate of Government Report to Parliament July - December 2018 g IG REGIONAL OFFICES ADDRESSES AND CONTACTS Arua Regional Office Masaka Regional Office Plot 10 Weather Head Park Lane, 29/31 Victoria Road, P.O. Box 789, Arua National Water Building Tel: 0476-420317 P.O. Box 925, Masaka Email: [email protected] Tel: 0481-420222 Email: [email protected] Fort Portal Regional Office Plot 1A Mugurusi Road P.O. Box 157, Fort Portal Mbale Regional Office Tel: 0483-423010/1 Plot 20 Masaba Road Email: [email protected] P. O. Box 24, Mbale Tel: 0454-435029/35255 Gulu Regional Office Email: [email protected] Plot A1Ogwok Ayaru Road Pece Division, Gulu Municipality Mbarara Regional Office P.O. Box 771, Gulu Plot 17 Muti Drive Tel: 0471-432569/432568 P.O. Box 1903, Mbarara Email: [email protected] Tel: 0485-421068 Fax: 0485-421720 Hoima Regional Office Email: [email protected] 17 Orphanage Road P. O. Box 113, Hoima Moroto Regional Office Tel: 0465-440260 Plot 3 Odeke Road Fax: 0465-440262 P.O. Box 104, Moroto Email: [email protected] Tel: 0393-278373 Email: [email protected] Jinja Regional Office Plot 35 Rippon Gardens Road Moyo Regional Office P.O. Box 303, Jinja Moyo S.S Road Tel: 0434-120160/ 0434-122688 P.O. Box 192, Moyo Email: [email protected] Tel: 0393-280102 Email: [email protected] Kabale Regional Office Babukika Road Mukono Regional Office P.O. Box 981, Kabale Plot 2377/2378, Lower Kauga Tel: 0486-423085/0486-422461 P.O. Box 901, Mukono Fax: 0486-422027 Tel: 0414-692042/3 Email: [email protected] Email: [email protected]
Kampala Regional Office Soroti Regional Office Plot 1645 Gyagenda Road Plot 73 Gweri Road Ntinda Kiwatule P.O. Box 346, Soroti P.O. Box 1682, Kampala Tel: 0454-461784/461584 Tel: 0414-580499 Email: [email protected] Email: [email protected] Tororo Regional Office Lira Regional Office Plot 45 Kashmir Road Plot 4 Osman Road Tororo Municipality P.O. Box 1, Lira P.O. Box 5, Tororo Tel: 0473-420099 Tel: 0454-445533/4 Email: [email protected] Email: [email protected]
h Inspectorate of Government Report to Parliament July - December 2018 Table of Contents Page Table of Contents ...... i List of Figures ...... iv List of Tables ...... v List of Appendices ...... vi Abbreviations & Acronyms ...... vii Executive Summary ...... x
CHAPTER ONE: INTRODUCTION Constitutional Mandate to submit Performance Report to Parliament ...... 1 Functions of the Inspectorate of Government ...... 1 General Powers of the Inspectorate of Government ...... 1 Special Powers of the Inspectorate of Government ...... 1 Jurisdiction and Independence of the Inspectorate of Government ...... 2 Strategic Objectives of the Inspectorate of Government ...... 2 Organization Structure of the Inspectorate of Government ...... 2 Inspectorate of Government Regional Offices ...... 7
CHAPTER TWO: THE ANTI – CORRUPTION FUNCTION Introduction ...... 8 Special Investigations of corruption complaints ...... 8 Corruption Investigations by IG Regional Offices in Local Governments ...... 12 Constraints Encountered in Investigation of Corruption Complaints ...... 20 Prosecutions ...... 20 Civil Litigation Unit ...... 22 Asset Recovery ...... 22
CHAPTER THREE: THE OMBUDSMAN FUNCTION Introduction ...... 24 General Ombudsman Investigations ...... 25 Systemic Interventions ...... 25
Inspectorate of Government Report to Parliament July - December 2018 i Challenges in Conducting Ombudsman Investigations and Systemic ...... 27 Future Plans in the implementation of the Ombudsman Function ...... 28
CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE OF CONDUCT Introduction ...... 29 Management of Leaders’ Declarations of Income, Assets and Liabilities ...... 29 Sensitization of stakeholders on the Leadership Code Act ...... 30 2018 Declarations ...... 30 2019 Declarations ...... 30 Verifications of Leader’s Declarations of Income, Assets and Liabilities ...... 31 Investigations into breaches of the Leadership Code ...... 31 Gifts Declared by Leaders ...... 31 Constraints in the Enforcement of Leadership Code Act ...... 31 Future Plans for the Period January – June 2019 ...... 31 Recommendations ...... 32
CHAPTER FIVE: PREVENTIVE MEASURES Introduction ...... 33 Public Awareness Programmes and Sensitization ...... 33 Workshops ...... 33 Electronic Media ...... 34 Integrity Ambassadors Clubs’ Activities ...... 34 Publications ...... 36 Training/Sensitization of Public Servants ...... 36 Anti-Corruption Campaign 2018 ...... 36 Strengthening Transparency, Accountability and Anti- Corruption (STAAC) in Government Projects ...... 40 Third Northern Uganda Social Action Fund (NUSAF 3) ...... 41 Development Response to Displacement Impact Project (DRDIP) ...... 47 The Youth Livelihood Programme (YLP) ...... 49 Monitoring and Inspection of YLP Projects ...... 49 Regional Pastoral Livelihoods Resilience Project (RPLRP) ...... 50
ii Inspectorate of Government Report to Parliament July - December 2018 CHAPTER SIX: CAPACITY BUILDING AND COLLABORATIONS Introduction ...... 51 Trainings under taken from July to December 2018 ...... 51 Public and International Relations ...... 52 Media coverage ...... 52 Newspaper Supplements ...... 52 Public Relations ...... 52 International Collaboration ...... 52 Benchmarking on online Declaration system ...... 53 12th EAAACA AGM ...... 54 4th ARINEA AGM ...... 56 International Anti-Corruption Conference and the International Corruption Hunters Alliance ...... 56 Senior Leadership and Management Programme for heads of Anti-Corruption Agencies ...... 57 IG Call Centre ...... 58
CHAPTER SEVEN: CHALLENGES, RECOMMENDATIONS AND FUTURE PLANS Challenges ...... 59 Future Plans ...... 59 Emerging Issues ...... 60
Inspectorate of Government Report to Parliament July - December 2018 iii List of Figures Page
Figure 1: Functions of the Department of Finance and Administration ...... 3
Figure 2: Functions of the Directorate of Special investigations ...... 3
Figure 3: Functions of the Directorate of Leadership Code ...... 4
Figure 4: Functions of the Directorate of Education and Prevention of Corruption ...... 4
Figure 5: Functions of the Directorate of Regional Offices ...... 5
Figure 6: Functions of the Directorate Legal Affairs ...... 5
Figure 7: Functions of the Directorate of Ombudsman Affairs ...... 6
Figure 8: The Divisions and their functions ...... 6
Figure 9: Work load for the period July – December 2018 ...... 74
Figure 10: Comparison of Investigations for the Periods January – June 2018 and July – December 2018 ...... 75
Figure 11: Trend of the complaints Registered at Kampala Headquarters and Regional Offices for the years 2005 – 2018 ...... 78
iv Inspectorate of Government Report to Parliament July - December 2018 List of Tables Page
Table I Coverage of IG Regional Offices ...... 7
Table II Ombudsman Complaints investigated and completed during the period July – December 2018 ...... 25
Table III Summary of Complaints/Grievances handled July – December 2018 ...... 46
Table IV Number of complaints registered by the IG during the period July – December 2018 ...... 76
Table V Nature of complaints registered during the period July – December 2018 ...... 77
Table VI Ranking of District according to complaints received for the period July – December 2018 ...... 79
Table VII Nature of complaints investigated and completed during the period July – December 2018 ...... 83
Table VIII MDAs/Institutions complained against during the period July – December 2018 ...... 85
Table IX Summary of some Corruption cases investigated and completed during the period July – December 2018 ...... 90
Table X Arrests effected ...... 96
Table XI Concluded cases during the period July – December 2018 ...... 98
Table XII On-going cases before Courts of First Instance as at 31st December 2018 ...... 104
Table XIII Pending Criminal Appeals as at 31st December 2018 ...... 111
Table XIV Summary of concluded cases during the period July – December 2018 ...... 117
Table XV Ongoing cases during the period July–December 2018 ...... 117
Table XVI Appeal cases during the period July–December 2018 ...... 118
Inspectorate of Government Report to Parliament July - December 2018 v List of Appendices Page
Appendix A- A statistical presentation of IG investigations and other activities ...... 73
Appendix B- Sample of corruption cases investigated and completed during the period July – December 2018 ...... 89
Appendix C- Arrests ...... 95
Appendix D- Prosecution cases ...... 97
Appendix E- Litigation cases ...... 117
vi Inspectorate of Government Report to Parliament July - December 2018 Acronyms and Abbreviations
ACA - Anti – Corruption Agency ACD - Anti-Corruption Division ADR - Alternative Dispute Resolutions BORRCCH - Butterman Outreach International Centre for Community Health CAA - Civil Aviation Authority CAO - Chief Administrative Officer CFO - Chief Finance Officer CIDA - Community Integrated Development Agency CIID - Criminal Investigation and Intelligence Department CPC - Community procurement Committee CPMC - Community Project Management Committee CWC - Community Watershed Committee CSO - Civil Society Organization CRETA - Citizens Responsibility to Enhance Transparency and Accountability DANIDA - Danish International Development Agency DEI - Directorate of Ethics and Integrity DEP - Directorate of Education and Prevention of Corruption/IG DFID - Department for International Development DHO - District Health Officer DIGG - Deputy Inspector General of Government DLA - Directorate of Legal Affairs DLC - Directorate of Leadership Code DLG - District Local Government DOA - Directorate of Ombudsman Affairs/IG DPM - Division of Project Monitoring DRDIP - Development Response to Displacement Impacts Project DRO - Directorate of Regional Offices DSI - Directorate of Special Investigations EACC - Ethics and Anti-Corruption Commission ESAMI - Eastern and Southern African Management Institute ESC - Education Service Commission EU - European Union FBI - Federal Bureau of Investigations FM - Frequency Module FY - Financial Year GHM - Grievance Handling Mechanism
Inspectorate of Government Report to Parliament July - December 2018 vii GIZ - Deutsche Gasellsschaft fur Internationale Zusammenarbeit (German Cooperation) GOU - Government of Uganda IACs - Integrity Ambassadors Clubs IEC - Information, Education and Communication IG - Inspectorate of Government IGAD - Inter-Governmental Authority on Development IGG - Inspector General of Government IG-ODS - Inspectorate of Government-Online Declaration System III - Information and Internal Inspection/IG IRCU - Inter-Religious Council of Uganda JLOS - Justice, Law and Order Sector KCCA - Kampala Capital City Authority LC - Local Council LGs - Local Governments MAAIF - Ministry of Agriculture, Animal Industries and Fisheries MDALGs - Ministries, Departments, Agencies and Local Governments MDAs - Ministries, Departments and Agencies MFSC - Micro Finance Support Centre MoDVA - Ministry of Defence and Veteran Affairs MoE&S - Ministry of Education and Sports MoFA - Ministry of Foreign Affairs MoFPED - Ministry of Finance, Planning and Economic Development MoH - Ministry of Health MoIA - Ministry of Internal Affairs MoLG - Ministry of Local Government MoTWA - Ministry of Tourism, Wild Life and Antiquities MOU - Memorandum of Understanding MP - Member of Parliament MUST - Mbarara University of Science and Technology NARO - National Agricultural Research Organization NBS - National Broadcasting Services NCDC - National Curriculum Development Centre NIRA - National Identification and Registration Authority NUSAF - Northern Uganda Social Action Fund OAG - Office of Auditor General ODPP - Office of Director of Public Prosecutions OPM - Office of the Prime Minister
viii Inspectorate of Government Report to Parliament July - December 2018 P&IR - Public and International Relations/IG PHC - Primary Health Care PNFP - Private-Not for Profit PPDA - Public Procurement and Disposal of Public Assets PRDP - Peace Recovery and Development Program PRLRP - Pastoral Livelihoods Resilience Project PS - Permanent Secretary PSC - Public Service Commission PSJ - Platform for Social Justice PTC - Primary Teachers College REA - Rural Electrification Agency SACM - Social Accountability and Community Monitoring SEC/IG - Secretary Inspectorate of Government SGS - Société Générale de Surveillance (Standard Global Services) SPIO - Senior Principal Inspectorate Officer/IG SUGAR-TAF - Strengthening Uganda’s Anti-Corruption Response- Technical Advisory Facility STAAC - Strengthening Transparency, Accountability and Anti-Corruption TAAC - Transparency, Accountability and Anti-Corruption TV - Television UGX - Ugandan Shillings UIA - Uganda Investment Authority UNATU - Uganda National Teachers’ Union UNDP - United Nations Development Program UNEB - Uganda National Examination Board UNHCR - United Nations High Commission for Refugees UNRA - Uganda National Roads Authority UPF - Uganda Police Force UPPET - Universal Post Primary Education and Training USD - United States Dollar USMID - Uganda Support to Municipal Infrastructure Development Program UWA - Uganda Wildlife Authority
Inspectorate of Government Report to Parliament July - December 2018 ix Executive Summary The Inspectorate of Government (IG) is UNHCR from Danish Refugee Council required to submit to Parliament at least and, UGX 10,481,000 was recovered from once in every six months, a report on the investigations previously conducted in the performance of its functions and make Ministry of Local Government. 103 (47.2%) recommendations necessary for the efficient other corruption cases considered to be of performance of public institutions. This low profile nature were concluded in MDAs is the 40th performance report of the IG out of a planned bi- annual target of 218. to Parliament covering the period July – December 2018. Corruption/ Ombudsman Investigations in Local Governments Summary of Achievements The IG concluded 794 (317.6%) out of a biannual target of 250 investigations. A Complaints total of 1942 corruption investigations were The IG launched the Case Management ongoing by the end of the reporting period. System (CMS+) and is now operational. Through the system, the IG registered 1115 A total of 315 (70%) Ombudsman complaints complaints during the period. A total of 534 out of a biannual target of 450 were of the above complaints were registered concluded. 566ombudsman cases were at Head office while 581 were registered ongoing at the end of the reporting period. across the IG Regional Offices. The complaints resulted into sanctioning of 843 A total of 901backlog cases were disposed investigations. The IG referred 157 of these of during the period. Backlog in Regional complaints to other institutions for further Offices stood at 336 by end of December management, while 86 had no merit and 2018. were rejected. 29 complaints were yet to be sanctioned by the IGG. The complainants The above investigations led to prosecution were informed of the IG decisions. During of 8 persons, administrative actions on 305 the period, the IG completed 8(133%) high officials, and recommendation for recovery of profile investigations out of a biannual target UGX 765,967,125. The IG however, did not of 6. find proof of offence in 277 investigations.
These cases were in the Civil Aviation Ombudsman Investigations in Ministries, Authority (CAA), Rural Electrification Agency Departments and Agencies (REA), Uganda Police Force (UPF), OPM Only 27 (36%) complaints at Head Office (Old Kampala Land), Ministry of Agriculture, were resolved out of a half year target of 75 Ministry of Internal Affairs (Uganda Police), and 2 (40%) systemic interventions were Iraji Bridge (UNHCR) and Ministry of concluded out of a half year target of 5. 215 Education (Shimon PTC). The cases involved Ombudsman investigations were on going a sum of UGX 19,419,619,300 and USD by the end of the reporting period. 3,632,087. The case of the UPF involved Irregular Promotion and Recruitment of 996 Prosecutions and Civil Litigation Police Officers. A total of USD 541,544 and The IG Prosecuted 26 (43%) cases out of UGX 52,194,595 were recommended for a target of 60. 7 (27%) of the prosecuted recovery in the investigations conducted in cases were of high profile in nature and 19 CAA and REA. The sum of UGX 470,010,520 (73%) were other corruption cases. This was recommended to be recovered by prosecution led to 16 (61.5%) convictions,
x Inspectorate of Government Report to Parliament July - December 2018 2 acquittals, 5 withdrawals, 2 abated cases Future Plans and one case to answer judgement. In the forthcoming year, the IG will use the The withdrawals were as a result of budgetary provisions to produce the outputs amendment in the respective laws however listed below: IG filed an appeal against the acquittal. Investigating and prosecuting cases of In regard to judicial reviews 2(50%) cases grand/high profile/syndicated and other were successfully concluded in favor of corruption, establishing and implementing IG. 5 individuals left office after successful an improved complaints management plea bargain processes. A total of UGX system which will enhance the IG capacity 449,609,951/= was recovered by end of the to efficiently and effectively investigate reporting period and only UGX 5,000,000/= and prosecute corruption cases and was recovered from court decisions. strengthening mechanisms to detect and prevent corruption in an equitable manner. Collaboration with Government Institutions, Anti-Corruption institutions Investigating maladministration and injustice and Non-State Actors in public office, enhancing the capacity of MDALGs to identify and resolve underlying The IG through its Directorate of Education drivers of complaints at source and using and Prevention of Corruption conducted the systems approach to proactively identify a total of 21 sensitization workshops out and address high risk areas in governance. of the semi-annual target of 8. These sensitization workshops targeted leaders in Increasing compliance with Leadership Buikwe, Iganga, Busia, Kapchorwa, Mbale Code Act by improving capacity to Districts. Sensitization was also carried out verify declarations, increase capacity to in institutions in the Inter-religious Council investigate and prosecute breaches of the of Uganda, Next Media group, Buganda Code and rolling out e-system (IG-ODS) for Broadcasting Services, Education Sector declarations. and Uganda Police Force. The main purpose of the sensitization events was to raise Strengthen IG’s brand and its public education, awareness about anti-corruption laws, the training and awareness interventions to enlist roles of the IG and, dangers of corruption, public support for detecting, preventing and and empower citizens to demand for combating corruption. accountability from their leaders. Increase Monitoring and Inspection of Monitoring of Projects development programmes by undertaking The Inspectorate continues to monitor continuous Monitoring/inspection of major government projects and during the Government Development Programmes period, a total of 746 (66.6%) projects were such as NUSAF, DDEG, DRDIP and the inspected out of a biannual target of 1,120 Youth Livelihood Fund. projects. A total of 377 (28%) reports were received from the community monitors who Strengthen organizational effectiveness were trained by the IG. A total of 47 (32.4%) and efficiency through Implementation of grievances were resolved on time out of the Organizational Development Assessment registered 145. A total of UGX 31,760,000/= Recommendations. Last financial year the (90%) out of UGX 35,470,000/= that was IG concluded an ODA exercise which was found to have been misused was recovered. carried out to make the Institution more A total of 6,869 (69%) citizens were trained effective, efficient and responsive. to monitor government projects.
Inspectorate of Government Report to Parliament July - December 2018 xi Structure of the Report
Chapter One gives a brief account of the jurisdiction and independence of the office. The chapter also gives a summary of the IG’s strategic plan and further lays out the organizational structure of the IG.
Chapter Two highlights the enforcement measures used by the Inspectorate in the implementation of the anti-corruption functions. These include investigation of cases of corruption; arrests and prosecution of persons involved in corrupt practices. The chapter also reports on the civil suits that the IG handled during the period.
Chapter Three highlights the activities carried out by the IG in implementing the Ombudsman function.
Chapter Four covers activities carried out by the IG in enforcing the Leadership Code of Conduct.
Chapter Five focuses on the preventive measures used by the IG to curb corruption and promote good governance in public offices.
Chapter Six reports on the training activities that were carried out for the officers of the Inspectorate during the period and the activities carried out to enhance national and international cooperation between the IG and other stakeholders.
Chapter Seven highlights the general operational constraints and challenges faced by the IG. The chapter further outlines the future plans of the office and makes recommendations to Government on how to improve efficiency and effectiveness of the office and other public institutions.
xii Inspectorate of Government Report to Parliament July - December 2018 Chapter One INTRODUCTION
1.1 Constitutional Mandate to submit (f) To stimulate public awareness about Performance Report to Parliament the values of constitutionalism in The Inspectorate of Government (IG) general and the activities of the office, was established under Article 223 of the in particular, through any media or Constitution of Uganda. Article 231 of the other means it considers appropriate. Constitution requires the IG to submit to Parliament at least once in every six months, 1.3 General Powers of the Inspectorate a report on the performance of its functions, of Government making recommendations which the The general powers of the IG are laid down in office considers necessary for the efficient section 12 of the Inspectorate of Government performance of public institutions in service Act and include: Authority by IG officers to delivery. investigate allegations of corruption, abuse of office, maladministration and breach of This is the 40th report of the IG to Parliament. the leadership code of conduct. The report gives a summary of the performance of the Inspectorate for the The IG has powers to enter and inspect the period July – December 2018. premises or property of any department of Government, person or of any authority; to 1.2 Functions of the Inspectorate of call for, examine and where necessary, retain Government any document or item in connection with The functions of the IG as spelt out in the case being investigated, found on the Article 225 of the Constitution of Uganda premises; and may, in those premises, carry and Section 8(1) of the Inspectorate of out any investigation for the purpose of its Government Act are: functions.
(a) To promote and foster strict adherence 1.4 Special Powers of the Inspectorate to the rule of law and principles of of Government natural justice in administration; The IG is granted special powers under (b) To eliminate and foster the elimination Article 230 of the Constitution and Section of corruption, abuse of authority and 14(5) of the Inspectorate of Government of public office; Act. These are; powers to investigate or (c) To promote fair, efficient and good cause investigations, arrest or cause arrest, governance in public offices; prosecute or cause prosecution in respect of cases involving corruption, abuse of authority (d) To supervise the enforcement of the or of public office, maladministration and Leadership Code of Conduct; breach of the leadership code of conduct. (e) To investigate any act, omission, advice, decision or recommendation The Inspector General of Government (IGG) by a public officer or any other may also, during the course of his or her authority to which the Article applies, duties or as a consequence of his or her taken, made, given or done in exercise findings, make such orders and give such of administrative functions; and directions as are necessary and appropriate in the circumstances.
Inspectorate of Government Report to Parliament July - December 2018 1 1.5 Jurisdiction and Independence of priority of increased transparency and the Inspectorate of Government accountability. In this regard, the IG launched Article 226 of the Constitution provides the the Online Declaration System (IG-ODS) that IG with areas of authority. The jurisdiction will improve the leaders’ compliance and of the IG covers officers or leaders whether ensure effective and efficient verfications of employed in the public service or not and information provided. the institutions, organizations or enterprises Parliament has prescribed under S.9 of the (d) Strengthening organisational Inspectorate of Government Act. These capacity for service delivery include the Cabinet, Parliament, courts of The IG will build a performance driven culture law, central and local governments and with focus on achievement of strategic and statutory corporations, among others. The operational objectives. In addition, the culture jurisdiction of the IG has also been expanded of the organisation will be value driven with by the Anti- corruption Act 2009 to include special emphasis on integrity, impartiality the Private Sector. and professionalism.
On the other hand, article 227 guarantees (e) Effective collaborations with partners its independence. The IG is independent in The IG will invest in working in partnership the performance of its functions and shall and collaboration with key stakeholders not be subject to the direction or control of including Parliament, sister Accountability any person or authority and shall only be entities, MDAs, LGs, CSOs and the public responsible to Parliament. in execution of its mandate to improve governance and eliminate corruption. 1.6 Strategic Objectives of the Inspectorate of Government 1.7 Organization Structure of the The IG Strategy is premised on five Strategic Inspectorate of Government Objectives: The Leadership of the IG is provided for under Article 223 of the Constitution. It is comprised a) Reducing corruption of; the Inspector General of Government The IG will achieve this through focusing (IGG) and two Deputy Inspectors General on high impact cases, Building capacity of Government (DIGGs). The Inspector to detect, investigate and prosecute high General of Government and the Deputies are impact cases, identify and implement appointed by the President with the approval mechanisms aimed at reducing the growing of the Parliament of Uganda. caseload and Recovering misappropriated/ stolen assets The Secretary to the Inspectorate of Government is the Accounting Officer and is b) Leveraging the ombudsman role appointed by the President on the advice of The IG will strengthen its ability to identify the Public Service Commission. and resolve underlying drivers of complaints and use systemic and innovative approaches The strategic implementation of the to identify and address high-risk areas in functions and objectives of the Inspectorate governance. of Government is structured into one Department, six Directorates and three c) Enforcing the Leadership Code of Divisions. The functions and activities of the Conduct Department, Directorates and Divisions are The IG will continue in its efforts to enforce outlined below: the Leadership Code of Conduct, which will in turn re-enforce the Government’s
2 Inspectorate of Government Report to Parliament July - December 2018 Figure 1: Functions of the Department of Finance and Administration
The Department of Finance and Administration(F&A)
- Consolidation of work plans and budgets - Preparation and submission of Policy statements - Recruitment of staff - Procurement of works, goods and services - Management of staff emoluments, entitlements and welfare facilitation of staff in performance of their duties - Staff performance appraisal - Conduct training needs of the staff and organize training of staff in various skills to enhance performance
Figure 2: Functions of the Directorate of Special investigations
The Directorate of Special Investigations
- Investigates complex and high profile cases of corruption. - Carries out arrests of suspects.
Inspectorate of Government Report to Parliament July - December 2018 3 Figure 3: Functions of the Directorate of Leadership Code
The Directorate of Leadership Code
- Enforce the Leadership Code Act - Conduct Investigations into breaches of the Leadership Code - Conduct verification of declarations of leaders.
Figure 4: Functions of the Directorate of Education and Prevention of Corruption (DEP)
The Directorate of Education and Prevention of Corruption
- Conducts Public Awareness programmes - Publish IG Performance reports to Parliament and other Publications - Conduct Research and Surveys to support the mandate of the IG
4 Inspectorate of Government Report to Parliament July - December 2018 Figure 5: Functions of the Directorate of Regional Offices
The Directorate of Regional Offices
- Executes the functions of the IG at the Regional level - Carries out investigations in Local Governments
Figure 6: Functions of the Directorate Legal Affairs
The Directorate of Legal Affairs
- Render Legal advice to the IG in the execution of its mandate - Prosecution of cases of the IG - Conducts civil litigation - Supporting Investigations for prosecution
Inspectorate of Government Report to Parliament July - December 2018 5 Figure 7: Functions of the Directorate of Ombudsman Affairs
The Directorate of Ombudsman Affairs
- Conduct Ombudsman Investigations - Carry out Policy and Systemic Interventions
Figure 8: The Divisions and their functions
III Vetting staff to be recruited by Government PMD P & IR Institutions. Monitor & Inspect Responsible for the projects implemented Intelligence information relations of the IG both by Government. These gathering & curtailing of with the public and projects are both corruption among IG international Government and Donor staff funded Central data management
6 Inspectorate of Government Report to Parliament July - December 2018 1.8 Inspectorate of Government Regional Offices Pursuant to the provisions of Article 228 of the Constitution, the IG has established sixteen (16) offices in the Regions. The Regional Offices are structured to perform the functions of the Inspectorate. One Regional Office covers between 3-10 Districts as follows:
Table I: Coverage of IG Regional Offices No. Region Regional Office Districts Mpigi, Mityana, Mubende, Butambala, Wakiso, Kampala – 7 Districts Gomba and Kampala. 1. Masaka, Kalangala, Sembabule, Rakai, Central Masaka – 9 Districts Bukomansimbi, Kalungu, Lwengo, Lyantonde and Kyotera. Mukono, Kayunga, Nakaseke, Luwero, Mukono – 7 Districts Buvuma, Nakasongola and Buikwe. Kabarole, Bundibugyo, Ntoroko, Kamwenge, Fort Portal – 8 Districts Kyenjojo, Kyegegwa, Bunyangabu and Kasese. Hoima, Kibaale, Kiboga, Buliisa, Masindi, Hoima – 8 Districts Kagadi, Kiryandongo and Kakumiro. 2. Western Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Mbarara – 10 Districts Rubirizi, Mitooma, Sheema, Buhweju and Ntungamo.
Kabale, Kisoro, Kanungu, Rubanda, Rukiga Kabale – 6 Districts and Rukungiri. Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Jinja–10 Districts Luuka, Namutumba, Mayuge and Namayingo. Soroti, Amuria, Kaberamaido, Katakwi, Soroti-8 Districts Bukedea, Ngora, Serere and Kumi. 3. Eastern Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Mbale –9 Districts Pallisa, Bulambuli, Kibuku and Kween. Tororo, Busia, Butaleja, Manafwa, Namisindwa Tororo –6 Districts and Bududa. Arua–5 Districts Arua, Koboko, Zombo, Nebbi and Maracha. Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya, Gulu–8 Districts Omoro and Amuru. Moroto, Abim, Nakapiripirit, Amudat, Kotido, 4. Northern Moroto –7 Districts Napak and Kaabong. Lira, Apac, Oyam, Dokolo, Otuke, Alebtong, Lira –8 Districts Kole and Amolatar. Moyo– 3 Districts Moyo, Adjumani and Yumbe.
Inspectorate of Government Report to Parliament July - December 2018 7 Chapter Two THE ANTI-CORRUPTION FUNCTION
2.0 Introduction from the Ministry of Health under the Public- Private Partnership, Health Policy during FYs The mandate of the IG is to promote just 2014/15 and 2015/16. It was specifically utilization of public resources. This is derived alleged that; from the functions enshrined in Chapter 13, Article 225 of the Constitution of the • Rushoroza Health Center IV in Kabale Republic of Uganda 1995, which empowers District and Butterman Outreach the office to investigate any act, omission, International Centre for Community advice, decision or recommendation by a Health (BORCCH) in Luuka district public officer or any other authority to which diverted UGX 131,349,981/= and the article applies, taken, made given or UGX 5,597,887/= respectively on done in exercise of administrative functions. infrastructure development.
2.1 Special Investigations of • There were idle beneficiary facilities corruption complaints in Namayingo, Bugiri, Luuka, Kamuli, The Directorate of Special Investigations Kabale and Wakiso Districts. of the IG is mandated with investigating complex and high profile syndicated • There were non-existent PNFP beneficiary cases of corruption. The highlights of the facilities in Kampala and Wakiso Districts. performance of the Directorate during the period included investigations of 8 (133%) Investigations carried out by this office high profile cases out of a bi-annual target established that; of 6. The cases were in REA, UPF, OPM, (i) Butterman Outreach International Centre MoIA, UNHCR (Iragi Bridge), MoES, CAA for Community Health (BORCCH) in and MoH. The cases involved a total Luuka district diverted UGX 3,675,000/= sum of UGX 19,419,619,300/= and USD in FY 2015/16 for the construction of a 3,632,087. A total of UGX 470,010,520/= maternity ward at the facility and had not was recommended to be recovered by accounted for UGX 757,372/= received UNHCR from Danish Refuge Council. A total in FY 2014/15. 103 other corruption cases were completed in MDAs. (ii) M/S Community Integrated Development Agency (CIDA) in Bugiri District was Below is a summary of the high profile cases found to be in operation, but had not investigated and completed: accounted for UGX 13,085,879/= which it received in FYs 2014/15 and 2015/16. 2.1.1 Alleged irregularities in the management of the Health Delivery (iii) Although Uganda Martyrs’ Hospital was System under Private Not for found to be existent, it was ineligible to Profit Program (HQT/15/10/2016) receive PHC funding under Wakiso District in FY 2015/16 since it had relocated from The IG received a report of a Special Audit Wakiso District to Mukono District in July conducted by the Ministry of Finance, 2015. However, in FY 2015/16, the Health Planning and Economic Development on the facility received UGX 26,643,270/= from Private-Not for Profit (PNFP) facilities which the Ministry of Health. It was noted that received Primary Health Care (PHC) grants Uganda Martyrs Hospital only accounted
8 Inspectorate of Government Report to Parliament July - December 2018 for UGX 4,726,250/=, leaving a sum of It was specifically alleged that: UGX 21,917,020/= unaccounted for. • The expenditure on the procurement of instructional materials for primary three It was recommended that; and four classes incurred in the Financial • Dr. Waiswa Robert, the Chief Executive Year 2016/2017 was irregular. Officer, Butterman Outreach International Center for Community Health, refunds • The expenditure of one billion, seven the sum of UGX4,432,372/=PHC hundred fifty nine million, nine hundred funds which was not accounted for by thirty two thousand five hundred shillings M/s Butterman Outreach International only (UGX 1,759,932,500/=) spent Centre for Community Health to the on procuring the venue which included Inspectorate of Government Assets meals and accommodation and the Recovery Account. evaluation workshop to select suppliers for the instruction materials for primary • Mr. Mangeni Sylvester Kelement, Director three and four classes was not properly Community Integrated Development accounted for. Agency, CIDA, Bugiri, refunds the sum of UGX13,085,879/= PHC which was The investigation established that; not accounted for by M/s Community • The Ministry of Education and Sports Integrated Development Agency to the budgeted for UGX 1,759,932,500/= Inspectorate of Government Assets (one billion, seven hundred fifty nine Recovery Account. million, nine hundred thirty two thousand five hundred shillings only) to carry out • Dr. Opegu Titus, Director Uganda an Evaluation workshop for instructional Martyrs’ Hospital, Mukono refunds the materials for primary three and primary sum of UGX 21,917,020/=PHC being four classes. The budgeted expenditure funds that were irregularly received and was for both the venue and the evaluation unaccounted for by Uganda Martyrs’ of the bids for the instructional materials. Hospital to the Inspectorate of Government Assets Recovery Account in Bank of Uganda. • Shimon Core Primary Teachers College was selected as the venue for the one 2.1.2 Alleged irregular expenditure of month workshop. The selection was UGX 1,759,932,500/= by officials treated as Force on Account since of the Ministry of Education Shimoni Core PTC is one of the entities and Sports in the financial year of the Ministry of Education. 2016/2017 (HQT/16/12/2017) • The Ministry of Education and Sports The IG received a complaint alleging irregular released UGX 1,538,142,500/= to expenditure of one billion, seven hundred Shimoni Core Primary Teachers College fifty nine million, nine hundred thirty two for the Evaluation Workshop. thousand, five hundred shillings only (UGX 1,759,932,500/=) incurred on an evaluation • The Evaluation Workshop was conducted th workshop for primary three and four classes for a duration of one month from 6 th bids for instructional materials, held at September to 6 October 2016. Shimoni Primary Teachers College (PTC), Kira Municipality. • The Principal of Shimoni Core PTC, Dr. Beatrice Byakutaga submitted accountabilities for funds amounting to UGX 1,538,142,500/= (one billion, five
Inspectorate of Government Report to Parliament July - December 2018 9 hundred thirty eight million one hundred on Board contract) to the Board of forty two thousand five hundred shillings) Governors of Shimoni Core PTC for released by Ministry of Education and disciplinary action for failure to properly Sports to Shimoni PTC for the evaluation account for public funds entrusted to her. workshop. (iv) The Permanent Secretary, Ministry of A verification exercise was conducted by Education and Sports should caution the the investigation team on accountabilities Principal Shimoni Core PTC to always for UGX 1,538,142,500/= spent on the ensure that due diligence is carried out evaluation workshop by Shimoni Core before any College activity is performed. Primary Teachers College and the following was established: 2.1.3 Alleged corruption and embezzlement of funds by All the evaluation workshop expenditures officials of Ministry of Local were handled by officials of the Ministry of Government (HQT/88/12/2017) Education and Sports and Shimoni Core Primary Teachers College. The IG received a complaint in which it was alleged that during the Financial Accountabilities for UGX 9,147,000/=were Year 2014/2015, Mr. Paul Okot Okello, not authentic and the responsible officials Commissioner District Administration in the were Mr. Kato Henry (Bursar Shimoni Core Ministry of Local Government (MoLG) was PTC) UGX 6,672,000/= and Ms. Kyeyune paid UGX206,992,500/= in administrative Daphine (Tutor on Board Contract) UGX advances to conduct various activities in 2,475,000/=. the Ministry and that the funds were not appropriately accounted for. It was recommended as follows: (i) The Permanent Secretary, Ministry of Investigations conducted by the IG Education and Sports should ensure established that: that Mr. Kato Henry (Bursar Shimoni Core PTC) pays UGX 6,672,000/= to • In the Financial Year 2014/2015, Mr. Paul the Inspectorate of Government Asset Okot received UGX 215,692,000/= Recovery Account. as official advances through his personal Bank Account number 95010100008776 (ii) The Permanent Secretary, Ministry held at Bank of Baroda Kampala main of Education and Sports should also branch. submit Mr. Kato Henry (Bursar) Shimoni Core PTC to the Education Service • Some of the activities for the above Commission for disciplinary action for stated funds were directly conducted by failure to properly account for public Mr. Paul Okello while for other activities funds entrusted to him. the money was passed on to third parties who were to conduct the activities (iii) The Principal, Shimoni Core PTC should either on his behalf or as implementing ensure that Ms. Kyeyune Daphine partners. However, Mr. Okello remained (Tutor on Board contract) pays UGX responsible for implementation of the 2,475,000/= being funds she did not activities and eventual accountability of properly account for to the Inspectorate all the funds. of Government Asset Recovery Account. The Principal Shimoni Core PTC should submit Ms. Kyeyune Daphine (Tutor
10 Inspectorate of Government Report to Parliament July - December 2018 • Mr. Paul Okot filed accountability 2.1.4 Alleged corruption in the Ministry documents for the administrative of Health HQT/01/03/2017 advances. Analysis of the payment The IG received complaints among others vouchers and activity reports which that M/s Frematex Services Ltd was paid were provided and other accountability UGX 700,000,000/= for refurbishment of a documents, revealed that a number of reception area at the MoH under contract activities were never carried out, dates reference MoH/SWRKS/2015-1/00509. on some of receipts were written by the That the payments were made without driver on instructions of his supervisor, certificates of completion from the Engineers. implementing partners in a number of That the company was also irregularly activities did not account for the funds awarded the contract without following to them, some junior staff claim to have PPDA Regulations. been coerced to sign acknowledgement sheets with no money paid to them and Investigations established that: a number of activities had overlapping • The Head PDU of MoH issued two dates implying that they were conducted bid documents for the reception simultaneously even where it was not improvement works. The bid document humanly possible. and specifications used were however, not approved by the Contracts • Verifications of the documents with Committee. various service providers especially fuel stations and stationery shops revealed • The works on improvement of the that many of the receipts presented for MoH reception area were executed accountability by Mr. Paul Okot were not and payment effected without a formal genuine and some were not issued in contract signed between MoH and M/s the course of normal business. This was Frematex Services (U) Ltd. in most cases evidenced by differences in cost prices from the official prices • The execution was not supervised by especially fuel where cost prices are Engineers from MoH. There was also declared and displayed on specific days. no certificate of completion of works • A number of transactions had monies prepared and approved by an Engineer that were not properly accounted for on completion of the works before on the basis of some of the irregularities payment. mentioned. Some members of staff of the Ministry of Local Government received • The total value of works done was UGX funds which they failed to account for or 17,593,813/= not UGX 33,884,408/= accounted for irregularly. requisitioned by M/s Frematex Services (U) Ltd and paid by MoH. Actual work It was recommended that the affected done was less than what was paid for members of staff at the Ministry of according to the Valuers. Therefore Local Government refund the amount of UGX16,290,595/= was irregularly paid money totaling to UGX 32,275,000/= to to the contractor. Dr. Asuman Lukwago the Inspectorate of Government Assets then Permanent Secretary MoH and Recovery Account. Mr. Wycliffe Mwambu, then Assistant Commissioner Accounts MoH authorized and approved the irregular payment to the contractor and did not ensure that there was a certificate of completion of works prepared and approved by an
Inspectorate of Government Report to Parliament July - December 2018 11 Engineer before payment. ii) Leverage the ombudsman role to embed adherence to the rule of Law and principles • The entire contract sum of UGX of natural justice in administration. 33,884,408/= was paid to the contractor by MoH officials before execution of the In line with the above objectives, the contract. Directorate is responsible for investigating corruption cases in local Governments; In view of the above findings, it was investigating or resolving ombudsman cases recommended that: in local Governments; and following up • Dr. Asuman Lukwago, the then Permanent implementation of IG recommendations in Secretary MoH and now Secretary, local Governments. Education Service Commission refunds UGX 8,145,298/=being half of UGX During the reporting period a total of 794 16,290,595/= to the Inspectorate of (317.6%) were concluded out of a biannual Government Asset Recovery Account in target of 250 investigations. A total of 1,942 Bank of Uganda. corruption investigations were ongoing by the end of the reporting period. • Mr. Wycliffe Mwambu, then Assistant Commissioner Accounts MoH and now A total of 315 (70%) Ombudsman complaints in the same capacity at Uganda Prisons out of a biannual target of 450 were Service should refund UGX 8,145,298= concluded. 566 Ombudsman cases were being half of UGX 16,290,595/= to the ongoing at the end of the reporting period. Inspectorate of Government Asset A total of 901backlog cases were disposed Recovery Account. of during the period. Backlog in Regional Offices stood at 336 by end of December • Mr. Johnson Musinguzi, then Head 2018. PDU be submitted to the Public Service Commission for appropriate disciplinary The above investigations led to prosecution action for abuse of office when he prepared of 8 persons, administrative actions on 305 a bid document and specifications which officials, and recommendation for recovery of were used in the re-development of the UGX 765,967,125. The IG however, did not reception area without approval of the find proof of offence in 277 investigations. contracts Committee. He also neglected his duty when he failed to have a formal 2.2.1 Category of the Persons contract agreement signed between Investigated by Regional Offices MoH and M/s Frematex Services (U) Ltd for execution of the works. The categories of people who were investigated included: 2.2 Corruption Investigations by i) Political leaders such as Mayor at IG Regional Offices in Local Municipality and District Speaker, Governments Speaker at Division level. The mandate of investigations in local ii) Heads of departments such as CFOs, governments is implemented by the District Engineers, CDOs, Physical Directorate of Regional Offices and is derived Planners, Personnel officers at the from the following IG strategic objectives: District, Principal Agriculture Officers, superintendent of works. i) Improve efficiency and effectiveness in iii) Senior Public Servants that include Chief preventing, detecting and eliminating Administrative Officers, Town Clerks, corruption. Assistant Registrar of High Court etc
12 Inspectorate of Government Report to Parliament July - December 2018 iv) Heads of academic institutions (Principals No 005/2016: Recheal Kisakye Nalukwago at Technical Institutes / colleges) Kaminski Vs. Ryan Nobert Kaminski at the v) Other public officers such as Senior High Court of Uganda at Kampala. Accounts Assistants, Clerk to Council, Bursar of Technical Institute, Cashier of On 10th February, 2016, the Assistant High Court, Lecturer at UTC, Drivers, Registrar of the High Court, Family Division Teachers, Nurses, Senior Assistant Town presided over a consent agreement between Clerk, the parties in the petition which, among other terms required that a sum of USD 25,924 be Below is the summary of some of the cases deposited in the High Court by 2.30pm on investigated by Regional Offices; 10th February 2016.
2.2.2 Alleged Embezzlement of Funds On 12th February 2016, Mr. Paul Mwemeke, by the Assistant Registrar Accounts Assistant/Cashier of the High and Cashier of the High Court Court, Family Division received USD 25,924 Family Division, Kampala - from Ms Kalenge, Bwanika, Ssawa and HQT/94/01/2018 Company Advocates for safe custody pending final determination of Divorce Cause The Inspectorate of Government received No 005/2016. He acknowledged receipt of a complaint alleging that Ms. Justine the same on Form 1: Cash receiving and Atukwasa, Assistant Registrar and Mr. Paul safe custody. Ms Kalenge, Bwanika, Ssawa Mwemeke, Cashier High Court, Family and Company Advocates represented Ms. Division embezzled USD 25,924 in Divorce Recheal Kisakye Nalukwago Kaminski in the Cause No. 005/2016, Recheal Kisakye petition. Nalukwago Kaminski Vs. Ryan Nobert Kaminski. The specific allegations were that: Upon mediation, the parties reached a consent settlement on 2nd March 2017 and • On 12th February 2016, Ms. Recheal the Judge/Mediator signed it off on 9th march Kisakye Nalukwago Kaminski, under 2017 in which it was agreed, among others the instruction of the Assistant Registrar, that the parties share equally the USD 25,924 Ms. Justine Atukwasa, deposited USD deposited in the High Court, Family Division. 25,924 in cash with the Court Cashier However, upon request for the money, Mr. and she was given an acknowledgement Paul Mwemeke, the Court Cashier failed to receipt for the same. avail the same.
• Upon mediation of the case, a consent In an Internal Memo dated 29th March, 2017 agreement was signed and among others to the Secretary to the Judiciary, Mr. Paul the petitioner and the respondents agreed Mwemeke acknowledged failing to avail the to share the USD 25,924 deposited in money when the parties to the divorce cause Court. demanded for it on 10th March, 2018. In the same memo, he apologized and undertook • The Assistant Registrar and the Court to refund the money within three months. Cashier failed to pay the USD 25,924 back to the petitioner and the respondent. During investigations in July 2018, it was found that Mr. Paul Mwemeke had This office investigated the allegations and disappeared without refunding the money. found out that: The parties to the petition had not been On 4th February, 2016, Ms. Recheal Kisakye paid. All efforts by this Office together with Nalukwago Kaminski filed Divorce Cause the Police to trace him have been futile.
Inspectorate of Government Report to Parliament July - December 2018 13 The Permanent Secretary contended that the • Efforts by Members of Parliament, elders Judiciary had no funds to pay the claimants and some Subcounty councilors calling since Mr. Paul Mwemeke did not bank the for the intervention of the RDC, DISO and said funds in the Judiciary Accounts. Police were all in vain and a request by some Subcounty councilors for an extra However, it was noted that whereas ordinary meeting to halt the exercise the actions and /omissions of Mr. Paul were frustrated by the technical staff of Mwemeke were unjustified and meant for his the Subcounty. own benefit, the Judiciary, was responsible for the money received by its employee in This office investigated the allegations and the course of normal duty. To that extent, the established that: Judiciary was liable and should refund the money to the parties to the Divorce Cause. Mubende District Local Government (Kibalinga Subcounty) was the registered Judiciary was directed to refund the USD proprietor of the land in question under 25,924 that was deposited with the Court to Freehold Register, volume HQT 123, Folio 2 Ms. Recheal Kisakye Nalukwago Kaminski and known as Block 199 Plot 242 and 243 and Mr. Ryan Nobert Kaminski and thereafter at Lusalira, Mubende, Buwekula issued on pursue Mr. Paul Mwemeke with a view of the 28th day of June 2017 and measuring prosecuting him and recovering the said 4.6690 hectares. According to the certificate sum of money from him. The money was of title, the land was restricted to Institutional recovered. use. Part of the land is occupied by Lusalira Health Centre III. 2.2.3 Alleged Selling of Government Land to Private Investors without Mr. Julius Matovu, former Subcounty Chief following Proper Procedures signed a Private-Public Partnership (PPP) HQT/34/12/2017 agreement on behalf of Kibalinga Sub county with M/s Mubende Agro Supply and The Inspectorate of Government received a Processors limited on 31st of July 2017, in complaint with allegations that: effect, leasing part of the registered land • The Chairperson LC III of Kibalinga measuring 300ft by 400ft to the latter for Subcounty, Mr. Venancious Mboonye; a period of 49-years for the purpose of the Subcounty Chief, Mr. Julius Matovu developing and construction of a commercial together with the Ag Deputy Chief building. Mr. Venancious Mboonye, the LC III Administrative Officer Mubende, Mr. Chairperson and Mr. Emmanuel Ssempala, Emmanuel Ssempala leased Sub county the Ag Deputy Chief Administrative Officer land which partly hosts Kibalinga Health Mubende signed the agreement as Centre III to Mr. Twahirwa Jean De Dieu witnesses. According to the agreement, of Mubende Agro Supply and Processors the commercial building would comprise of limited for 49 years. Produce stores, Supermarket, Hotel and a fuel station. • The lease process was flouted in that no legal advice was sought from the Solicitor When the site was inspected during General nor from the Ministry of Local investigations, it was found that M/s Mubende Government, no procurement committee Agro Supply and Processors Limited was involved, there was no competitive had taken occupancy and commenced bidding and there was conflict of interest construction. The Subcounty had initiated since some councilors benefited from the process of subdividing the land and the same land. registering his interest on the land but the
14 Inspectorate of Government Report to Parliament July - December 2018 District Land Board was yet to complete 2.2.4 Alleged Gross Mismanagement the process of registering it. In light of this of Funds and Abuse of Office finding, this office issued an Interim Order by some Officials of Hima Town on 12th February, 2018 to the Secretary, Council, Kasese District – Mubende District Land Board halting any FPT/05/05/2013 activities pertaining to the allocation of the land to M/s Mubende Agro Supply and The Inspectorate of Government received a Processors Limited. complaint in which it was alleged that:
The signing of the PPP agreement was a. There was gross mismanagement of irregular in that it was not done in line with the funds meant for construction of the principles of the Public Private Partnership Town Council administration block by Act, 2015, the Land Act and Regulation 16 Hima Town Council when they awarded of the Land Regulations, 2004. In addition, the contract to M/s Kule William & Sons 15 out of the 17 Sub county councilors Ltd the second time after the company interviewed were opposed to the lease. had failed to complete the project in the The named officials in paragraph (b) above first contract. therefore, irregularly leased out Mubende District Local Government Land. b. UGX 98,000,000= in land premium The CAO Mubende District Local payment from Hima Cement Ltd in Government was therefore directed to: 2012 formerly planned to rehabilitate a Immediately cause the cancellation of the drainage channel was diverted to the illegal Private Public Partnership Agreement office block. signed with M/s Mubende Agro Supply and Processors limited and regularise it following c. One hundred fifty (150) bags of cement the right procedure. donated by Hima Cement Ltd were given to the Contractor at no cost yet Submit Mr. Julius Matovu, former Sub county the Contractor was paid for the entire Chief and Mr. Emmanuel Ssempala, the Ag. project. Deputy Chief Administrative Officer to the District Service Commission for appropriate Investigations carried out by this Office disciplinary action for irregularly leasing out established that: government land. a. The contract for construction of an The District Speaker, Mubende should office block by Hima Town Council submit Mr. Venancious Mboonye, the LC was awarded to M/s Kule William and III Chairperson, Kibalinga Subcounty to the Sons Ltd at a Contract sum of UGX District Council for appropriate disciplinary 651,066,416= and the work was to be action for irregularly leasing out government executed within three (3) months. land. b. The contract period (3 months) expired after the Contractor had been paid only UGX 87,000,000=. On request, the Contractor was given an extension of eight (8) months up to 1st May 2011. The extension was authorized by the then Town Clerk Mr. Robert Mwesigye without consultation with the Contracts Committee, Kasese District.
Inspectorate of Government Report to Parliament July - December 2018 15 c. In October 2011, five (5) months after on other contracts he executed in the the expiry of the contract extension, Town Council. He promised that he the Contractor submitted a request would reconcile his documents and to review the contract sum upwards confirm the figure of UGX 47,008,088= by 45%.The matter was forwarded to which was never done. PPDA who advised that the contract should instead be retendered due to the f. The diversion of premium payment of fact that it had expired and there was UGX 98,000,000= from construction of poor performance on the part of the drainage to Administration block was Contractor. The PPDA further advised authorized by the Executive Committee the Accounting Officer and Contracts of Hima Town Council through a Committee to ensure transparency, virement. UGX 94,000,000= and not competitiveness and value for money UGX 98,000,000= was diverted. are observed in the new contract. g. There was documentation in form of d. The Bills of Quantities were revalued agreements to show that the contractor and the contract re-tendered as had borrowed 150 bags of cement advised by PPDA. After assessment, from Hima Town Council. The receipt of the contract was again awarded to 150 bags of cement from Hima cement M/s Kule William and Sons and a new Ltd was confirmed by the then Town Contract Agreement entered on 28th Clerk Mr. Robert Mwesige in a letter to December 2012 at a contract sum of the Head Finance, Hima Town Council UGX 482,357,568= to cater for the dated 16th April 2013. According remaining works. to the Head Finance, Mr. Augustine B. Mkamba, UGX 4,500,000= was e. As of May 2014, UGX 328,412,598= recovered from M/s Kule William and had been paid on the new contract Sons Ltd as payment for 150 bags leaving an unpaid balance of UGX of cement which the contractor had 153,944,973= on the Contract sum. borrowed from Hima Town Council. It should be noted that there was an overpayment of UGX 200,953,568= In view of the above findings and observations to the Contractor on the first contract M/s Kule William and Sons was directed to where UGX 852,019,477= instead of refund UGX 47,008,088= to the Inspectorate UGX. 651,066,416= was paid to the of Government Assets Recovery Account Contractor. Taking into consideration No003030088000007 at Bank of Uganda the overpayment on the first contract being the money M/s Kule William & Sons and the underpayment on the second Ltd received in excess of contract sum for contract, a net overpayment of UGX the construction of Hima Town Council 47,008,088= remained outstanding. Administration Block. This issue of overpayment of UGX 47,008,088= was brought to the attention of the Contractor who admitted that UGX. 40,675,866 was the amount that could have been overpaid to M/s Kule William and Sons Ltd on the construction of the office block for Hima Town Council. He however stated that the amount could have been brought about by payments
16 Inspectorate of Government Report to Parliament July - December 2018 2.2.5 Alleged Suspicious Payments • The works would be supervised by to Mr. James Tumwesigye, an Uganda National Roads Authority (UNRA) Engineer of National Water and and the works would be executed to the Sewerage Corporation, Soroti requirement of NW&SC, local authorities Office - HQT/41/08/2017 and the consultant.
The Inspectorate of Government received a • The relocation or alteration would be in complaint alleging that: conjunction with and to specification of NW&SC who would approve the quality • On 12/04/2017, deposits of UGX of works before approval by the Resident 100,000,000 and UGX 15,000,000 were Engineer UNRA for payment of the made by M/s Milestone Technical Services contractor. Limited to account No. 9030010814269 in Stanbic Bank belonging to Mr. James • On 20/03/2017, Mr. James Tumwesigye Tumwesigye, an employee of National who was appointed as an Engineer on Water and Sewerage Corporation contract for 3 years by the Board of (NW&SC). Directors of NW&SC at their meeting of 26/03/2014, informed the General • M/s Milestone Technical Services Limited Manager of NW&SC Jinja that M/s was sub contracted by M/s Chongqing Milestone Technical Services Limited had International Construction Corporation informed him about the award of contract (CICO) to supply materials and install to relocate pipes. That the contractor had pipelines for relocating water supply asked him to help identify a company that in areas of Wakitaka-Bugembe and supplied NW&SC with good pipes. In Namulesa-Butiki in Jinja District to allow response the General Manager directed road construction. Mr. Tumwesigye to give the contractor a list of NW&SC prequalified suppliers and The NW&SC was to supervise the works. to give whatever support he could to ensure that water supply is restored. Our investigations into the matter have established that: • On 12/04/2017, a sum of UGX 115,000,000 was deposited by M/s • M/s CICO, the main contractor for Milestone Technical Services Limited tarmacking 22Km of roads in Kamuli on account No. 9030010814269 in Town and other selected roads in Stanbic Bank belonging to Mr. James Busoga sub Region under contract No. Tumwesigye. UNRA/WORKS/2014-2015/00030, subcontracted M/s Milestone Technical According to Ms. Beatrice Namatovu Services Limited to relocate pipelines the Managing Director of M/s Milestone in work affected areas in Jinja District. Technical Services Limited, this money was On 15/03/2017, M/s CICO signed an meant for purchase of pipes by M/s Summit agreement with M/s Milestone Technical Projekt Limited. Services Limited for relocation of water supply pipelines in areas along Wakitaka- According to Mr. David Mishereko, a Bugembe and Namulesa-Butiki in Jinja Director of M/s Summit Projekt Limited, their by supplying materials and installing the company asked Mr. Tumwesigye to receive pipelines at a sum of UGX 658,466,951 the money on their behalf because they had VAT inclusive. Some of the considerations never done business with M/s Milestone of the contract were that: Technical Services Limited.
Inspectorate of Government Report to Parliament July - December 2018 17 According to Mr. Tumwesigye, he offered Tumwesigye. According to Mr. Wasswa, to assist M/s Milestone Technical Services the works were done to completion and the Limited after he had sought guidance from affected customers were reconnected. the General Manager NW&SC Jinja on 20/03/2017. Mr. Tumwesigye exhibited conflict of interest when he accepted M/s Milestone Technical According to Dr. Charles Okuonzi, General Services Limited to pay their supplier Manager NW&SC Jinja, he tasked Mr. through his personal account since the said Tumwesigye to work closely with the works were being supervised by NW&SC. contractor to ensure very quick restoration His involvement as directed by the General of water supply. That the support entailed Manager was to provide a list of prequalified provision of a list of prequalified suppliers as suppliers to the contractor and to work well as deployment of enough manpower closely with them to have the water supply to ensure water supply as a priority. Further restored. that, it was the mandate of the contractor to purchase pipes using whatever means and In view of the above, NW&SC was required methods available to them. to warn Mr. James Tumwesigye for having exhibited conflict of interest when he got The UGX 115,000,000 deposited on Mr. personally involved in a contract under Tumwesigye’s account was spent as follows: the supervision of NW&SC. Mr. James Tumwesigye was directed to transfer UGX 81,000,000 to Ms. Beatrice Namatovu Amount Transaction which was deposited on his account on (UGX) 29/07/2017. Transfer to Summit Projekt 20,000,000 2.2.6 Alleged Abuse of Office by Mr. Cash payment to Mr. Martin Ojara Mapenduzi, the 47,000,000 David Mishereko LCV Chairman of Gulu District- GUL/01/06/2018 Payment to Roofing 44,706,100 Limited for pipes The Inspectorate of Government received Transportation of the a complaint from Mr. Keith Coggin and Ms. 4,800,000 materials Lisa Coggin alleging that:-
Total 116,506,100 • They were the registered proprietors of land comprised in Leasehold Register Mr. David Mishereko acknowledged receipt Volume HQT90 Folio 18 Plot No. 67, of funds from Mr. Tumwesigye. Aswa Block 2 Gulu District. The said land was leased to them by Gulu District Local On 29/07/2017, UGX 81,000,000 was Government for a period of 49 years for deposited on the account of Mr. Tumwesigye the purpose of setting up a school. by Beatrice Namatovu of Milestone Technical Services Ltd before all transactions on the • A school was set up on the land but was account of Mr. Tumwesigye were halted by later closed down by the owners due to Financial Intelligence Authority. financial constraints. Mr. Keith Coggin and Ms. Lisa Coggin were approached by The relocation work was supervised by a Pastor who was willing to continue the Mr. Sam Ssenyonga Wasswa, a Technical running of the school and they entered Supervisor NW&SC Jinja Area and not Mr. into an understanding with him to do so.
18 Inspectorate of Government Report to Parliament July - December 2018 The Pastor, however, mismanaged the Management in the handover of the school school and the complainants decided to the Pastor, there was no Memorandum to re-possess it. They sought assistance of Understanding that was made between from the LCV Chairperson, Gulu District the District Management, Pastor George who instead sided with the Pastor to stay Jabulani or the Coggins. and informed the complainants that the land did not belong to them. In 2017, Lisa and Keith Coggin wanted Pastor George Jabulani to withdraw from Investigations by the Inspectorate of the school because they had information Government established that: that he was mismanaging the school. There were issues of the school property being In 2006, the community members of Ocuka mismanaged and stolen. Village, Bungatira Sub- County, Gulu District offered land to Keith and Lisa Coggin who The District Chairperson, Gulu called for a were working under the Ministry of Global meeting in September 2017 between Pastor Outreach International. Global Outreach George Jabulani, Lisa and Keith Coggin International later relinquished its assets to and other district stakeholders to solve this Keith and Lisa Coggin and among them was matter. In this meeting, it was resolved that Plot No. 67 Aswa Block 2. Pastor George Jabulani would continue running the School, as Lisa and Keith Keith and Lisa Coggin became registered Coggin did not have any clear plan on how proprietors of Plot No. 67 Aswa Block 2, they were to continue running it. It was also measuring approximately 4.660 hectares, resolved that Lisa and Keith Coggin would on 23rd August 2013. The land was leased to be allowed to stay in their residential home them by Gulu District (Bungatira Sub County) which was adjacent to the school. for a period of 49 years. It was noted that S.59 of the Registration In 2007, Keith and Lisa Coggin set up a school of Titles Act, Cap 230 (RTA) provides that called Sanctuary of Grace Christian Primary a certificate of title is conclusive proof of School on the said land. In the beginning the ownership. The lease held by the Coggins local community was not paying any money can only be impeached on grounds of towards school fees or any requirements, illegality or fraud. Neither Gulu District nor but later they were required to pay school Pastor George Jabulani has raised a claim fees due to the reduction in donor funding seeking to secure a cancellation of the title to Sanctuary of Grace Christian Primary for reason of illegality or fraud. School. The District has neither presented any Due to financial constraints, the Coggins evidence to show that the Coggins intend to closed the school in March 2016 and the do anything other than operate a school nor school was later handed over to Pastor made a claim that there has been a breach George Jabulani to run it on their behalf. of any of the covenants whether expressly During the course of handing over the school, provided in the lease agreement or implied there was no formal document or agreement by law. It is actually the District which that was made between the parties. A appears to be in breach of the rights of the gentle-man’s agreement was made between Lessee contained in the lease agreement Pastor George Jabulani and Keith and Lisa which provides in Clause 3 (a) “for the Coggin based on the fact that the Pastor Lessees to peacefully hold the land without had experience of running schools. Further, any interruption by the Lessor or any other even when the parties involved the District person rightfully claiming under or in trust for
Inspectorate of Government Report to Parliament July - December 2018 19 him as long as the lessees are performing and observing the several covenants.” • General poor record keeping by Government departments and private In view of the above findings and observations, firms. For example some accountabilities the CAO was directed to immediately cannot be verified because of lack of cause Pastor George Jabulani to vacate the records by the document originators. property belonging to Lisa and Keith Coggin. • Public apathy to the plight of corruption The District Police Commander was asked resulting in low cooperation from to ensure that the handover is peaceful. members of the public.
2.2.7 Outcome of follow up of • Poor or low rate of implementation of recommendations by Regional recommendations by some responsible Offices public officers. At the beginning of the reporting period (July 2018), the Directorate of Regional 2.4 Prosecutions Offices had a total of 609 unimplemented recommendations. 2.4.1 Introduction The powers of the IG to prosecute or cause The Directorate of Regional Offices followed- prosecution of suspects alleged to have been up all the recommendations in Local engaged in Corruption practices and Abuse Governments and some in Ministries such as of office are derived from the Constitution of Ministry of Local Government. Resulting from the Republic of Uganda which provides in implementation of the recommendations, Article 230 that: administrative action was taken against public officers as shown in the table below: “The Inspectorate of Government shall have power to investigate, cause investigation, Q1 Q2 arrest, cause arrest, prosecute or cause Jul – Sep Oct – Dec Total prosecution in respect of cases involving 2018 2018 corruption, abuse of authority or of public Dismissed 18 13 31 office”. public officer Warned public 14 3 17 2.4.2 Achievements under officers Prosecutions Interdicted 3 2 5 During the period under review, the IG officers prosecuted one hundred and eleven (111) Submissions to cases, out of which ninety seven (97) were Commissions (e.g DSC) for 54 18 72 carried forward from the previous reporting disciplinary period i.e. ongoing cases and pending actions appeals as at 30th June 2018. Fourteen (14) were new cases registered in courts of law, 2.3 Constraints Encountered in to-wit, 8 cases registered before courts of Investigation of Corruption Complaints first instance and six (6) appeals. Thirty one (31) cases were concluded during the • Increasing complexity and syndicate reporting period. The concluded cases are corruption in the management of categorized as follows sixteen (16) cases Government funds. convictions, 8 of the convictions had court orders for refund of misappropriated funds, • High risks associated with the cases two cases (2) acquittals, and five (5) cases handled. withdrawn and 2 abatements.
20 Inspectorate of Government Report to Parliament July - December 2018 Six cases under perusal were concluded at the Court. administratively through pursuance of refund of misappropriated funds. Fifty (50) d) Delay to hear cases on Appeal especially cases were on-going at first trial and thirty by Court of Appeal and Supreme Court. seven (37) cases were on appeal, as at 31st December 2018. e) Limited number of vehicles to facilitate upcountry travels and human resource Highlights of the performance of prosecutions to handle prosecution at IG. during the period were: (i) 7 (27%) of the prosecuted cases were of 2.4.4 Recommendations high profile in nature and 19 (73%) were The Government of Uganda should avail other corruption cases. facilitation to conduct criminal sessions in the areas where cases originate from; (ii) Obtained 16(61.5%) convictions, 2 this ensures faster disposal of cases. acquittals, 5 withdrawals, 2 abated cases Most importantly, the communities directly and one case to answer judgment. appreciate government efforts to combat corruption when they see the sessions going (iii) The withdrawals were as a result of on. amendment in the respective laws however, IG filed an appeal regarding the Whistleblowers and witnesses should be acquittal. given substantial protection and reward by the state. (iv) Concluded 2(50%) judicial reviews successfully in favor of IG. The Judicial Service Commission should appoint and deploy more judges to the Court (v) 5 individuals left office after successful of Appeal since it handles all Constitutional plea bargain processes. Matters as well as civil, criminal and election appeals. (vi) UGX 449,609,951/= was recovered by end of half year (December 2018). More judicial officers should be deployed at the Anti-Corruption Division to increase 2.4.3 Constraints faced under efficiency and faster disposal of cases. prosecutions Corruption cases cannot be rushed and they involve a lot of documentation. a) Limited/lack of cooperation from prosecution witnesses; some either The Judicial Service Commission should refuse to report to court or they appear appoint and deploys more magistrates to in court and turn hostile to the state. up country stations for effective and efficient court processes. b) Accused persons sometimes jump bail delaying and/or sometimes abating their The Judicial Service Commission should be cases. properly facilitated to increase on monitoring the performance of the magistrates and c) Low/ reducing rate of disposal of cases judges across the country. before the Anti-Corruption Division (ACD) of the High Court. This has created Funds be earmarked and availed to the backlog of cases at the court. There are IG for continuous Legal Education for all few judicial officers at ACD to handle the prosecutors to keep up to date with the growing number of corruption cases filed current corruption trends.
Inspectorate of Government Report to Parliament July - December 2018 21 Increase public awareness activities on the 2.5.1 Challenges faced in Civil Litigation need to combat corruption and plea bargain. Lack of corporate status continues to be a major challenge for the unit. The unit 2.4.5 Future Plans depends on Attorney General’s chambers to . Conduct refresher training in plea manage the cases. Often times they do not bargaining, cyber-crime, Asset follow the instructions of the IG and are lax recovery and Anti-money laundering in the management of the cases which may for all IG prosecutors. result into loss of cases and delays in taking the next appropriate steps. . Lobby for increase in the number of prosecutors to match with the 2.5.2 Recommendations increasing volume and quality of The process of the IG being granted work. corporate status should be expedited. Ministry of Finance, Planning and Economic 2.5 Civil Litigation Unit Development should increase in budget The mandate of this Unit is to defend civil allocation to the IG to cater for training needs cases in all courts of law, provide legal of the unit and vehicles. opinions on all matters to IG and identify and initiate reforms to legislations that hamper 2.6 Asset Recovery the effective performance of the IG. For the period under review 25 cases were Money Recovered as a result of IG handled in court. Of those cases, 3 were Investigations concluded, 14 are on-going in courts of first instance and 8 are on appeal. During the period July - December 2018, UGX 449,609,951/= was recovered as a result of investigations conducted by IG and deposited on the IG Asset Recovery Account in Bank of Uganda.
Comparative Analysis of Recoveries Month FY 2017/18 FY 2018/19 July 22,482,747 39,900,000 August 41,739,175 38,805,033 September 45,604,251 67,298,580 October 65,320,379 116,988,605 November 42,681,118 81,314,470 December 49,363,888 105,303,263 Total 267,191,558 449,609,951
22 Inspectorate of Government Report to Parliament July - December 2018 There has been a marked improvement confiscation (forfeiture). This, in addition with in recoveries during the current period prosecuting the corruption case. compared to the previous reporting period. This is attributed to the focus that was given The asset recovery unit has identified the to pursuing recoveries under IG. The IG following areas that will improve recoveries:- undertook a strategy to mobilize recovery of funds by way of summonses issued to • Need for additional staff to boost the the various debtors around the country. In follow-up process. addition, members of the IG recovery unit travelled to different parts of the country to • Training of IG staff in recovery processes meet with debtors, many of whom responded as well as benchmark with other positively and refunded the funds. This institutions that successfully conduct intervention led to increased recoveries. Asset Recovery in the region and internationally. Need to conduct parallel financial investigations with a view to prosecuting, • Conduct financial profiling of suspects with money laundering in addition to the at the commencement of investigations predicate offences which in this case is for possible prosecution for money anti-corruption offences. This approach laundering. will enable the Asset Recovery Unit identify and seize (freeze) property with a view to
Inspectorate of Government Report to Parliament July - December 2018 23 Chapter Three THE OMBUDSMAN FUNCTION
3.0 Introduction or procedure which in the opinion of The functions of the Directorate of the Inspectorate may be conducive to Ombudsman Affairs are spelt out under corrupt practices; and, Article 225(1) of the Constitution of Uganda and specifically paragraphs (a), (c) and (e) as (ii) To advise those offices on ways and follows: means of preventing corrupt practices and methods of work or procedure (a) To promote and foster strict adherence conducive to the effective performance to the rule of law and principles of natural of their duties and which, in the opinion justice in administration; of the Inspector General of Government would reduce the incidence of corruption. (c) To promote fair, efficient and good governance in public offices; and, Aware of the above mandate and in the performance of the ombudsman function, (e) To investigate any act, omission, advice, the Inspectorate presently has two decision or recommendation by a public categories of interventions it uses to achieve officer or any other authority to which strategic objective number 2 of the strategic this article applies, taken, made, give Plan which is “Leveraging the Ombudsman nor done in exercise of administrative Role to embed adherence to the Rule of law functions. and Principles of Natural Justice and Public Administration”. These interventions are The IG employs the ombudsman function carried out under the General Investigations to address underlying systemic issues in and the Systemic Interventions. public administration that occur repetitively in specific institutions or as a result of The General Investigations include complex administrative flaws. Systemic complaints from individuals with a view to interventions by the IG are aimed at quick settlement or resolutions. improving service delivery in Government Ministries, Departments, Agencies and The Systemic Interventions emphasize Local Governments (MDA/LGs). Systemic broader investigations that are aimed interventions are guided by the provisions at addressing underlying administrative of Section 8(1) (i) parts (i) and (ii) of the weaknesses or lapses with a view to Inspectorate of Government Act, 2002 recommend corrective measures for which spell out additional functions as: improvement.
To take necessary measures for the detection During the reporting period, the IG and prevention of corruption in public offices accomplished Ombudsman activities as and in particular: - follows:
(i) To examine the practices and procedures of those offices in order to facilitate the discovery of corrupt practices and to secure the revision of methods of work
24 Inspectorate of Government Report to Parliament July - December 2018 3.1 General Ombudsman Investigations: The following investigations of individual complaints were accomplished during the reporting period:
Table II: Ombudsman Complaints handled Nature of complaint Number of complaints Percentage Nonpayment of salaries & other benefits 126 31.6% Mismanagement 73 18.3% Delay of service delivery 44 11.0% Property Disputes 32 8.0% Tenders & Contracts 24 6.0% Victimization/ oppression 24 6.0% Irregular recruitments 18 4.5% Tax Evasion 1 0.3% Others 57 14.3% Sub Total 399 100.0% Note: The complaints above include even those that were handled at the Regional Offices
As indicated in the above table, most of complaints so that they are determined at the complaints under the ombudsman are source. those involving nonpayment of salaries and other payments accounting for 31.6% of 3.2 Systemic Interventions the total ombudsman complaints. Analysis During the period under review, IG of ombudsman complaints registered by IG undertook the following systemic necessitated the Directorate of Ombudsman investigations: Affairs to interface with top leadership of 34 District Local Governments countrywide with 3.2.1 A Systemic investigation into the an aim of assessing their existing capacity procedures used in the interdiction to effectively resolve grievances that are of the Executive Director and of ombudsman in nature at source. The filling of Top positions in the outcome revealed that most of the leaders Uganda Investment Authority were not aware of the Ombudsman function The IG received complaints against the of IG and the concept of Ombudsman Board of Directors (the Board) of the generally. Also, there was limited capacity Uganda Investment Authority (UIA) that they in terms of staff and finances to effectively unjustifiably interdicted the UIA Executive handle Ombudsman complaints. Director without required quorum and failed to adhere to established recruitment Similar intervention was explored with the procedures in filling the top position at the leadership of Ministry of Defence and Veteran “newly restructured” UIA. The IG carried out Affairs (MODVA) and Ministry of Education systemic investigations into the matters that and sports (MoES) with the aim of improving were raised and a report was issued on 6th the processes on resolving Ombudsman November 2018. It was established that;
Inspectorate of Government Report to Parliament July - December 2018 25 The Board was quorate when it resolved to the positions they vied for. interdict the Executive Director as it complied with the provisions of Clause 2 of the First The Board did not have the good practice of Schedule of the Investment Code Act and validating information given in applications. Section 3.5 of the UIA Board of Directors Most organizations do carry out such Manual. There was no evidence found by validation on the best candidates after this investigation that the Board brought interviews for economy reasons. The Board flimsy charges against Executive Director as however had no such practice either. alleged. However, the Executive Director was found to have committed gross misconduct This investigation did not find any evidence as defined under Section 9.2.2 of the UIA that current Directors at UIA lacked integrity Human Resource Manual. to be re-appointed as Directors. No evidence was found that the Directors had given any In order to facilitate the filling of the positions inducements to Board members or that any of Directors and Chief Internal Auditor, on 3rd of them had extorted any kind of inducement April 2018 the Board acting within the law from potential investors. justifiably gave notice of termination of the running contracts of Directors and the Chief The Executive Director notified some Internal Auditor at UIA. These notices were candidates that they were successful at later on suspended in June 2018 to support the interviews. The said notifications were continuity of work at UIA pending the evidently made with the blessings of the outcome of the Inspectorate’s investigations. Board. In light of the provisions of Regulation 29(1) of the Public Service Commission The Executive Director irregularly extended Regulations and, Sections 4.3(a), 4.4 and the contracts of Deputy Directors at UIA 4.5 of the UIA Human Resource Manual, contrary to the provisions of the Investment it was conclusive that the e-mails sent out Code Act and Section 4.8.1(b) of the UIA by the Executive Director to successful Human Resource Manual that vests the candidates notifying them that they were powers to appoint staff in the Board. successful following the interviews were not legally binding job offers as believed. UIA staffs were given about thirteen (13) days from 5th to 17th April 2018 to respond This investigation did not find any evidence to the internal advertisement. It was noted that a member of the Board influenced the that Section 3.4.1(e) of the UIA Human Board to disregard any recommendation Resource Manual provides for the running made in any audit report concerning the period of an advert to be fourteen (14) days. management of land owned by UIA, or that While the shortfall of one day was believed he influenced the Board in allocating land to not to be detrimental, it did not negate the quack companies. Further no evidence was fact that the Board did not fully comply with found to the effect that a one Board member the established procedure. influenced the Board into approving funding of alleged questionable projects at UIA. During the short listing exercise, the Board only considered degree academic qualifications and working experience leaving out other vital parameters. Even so, the Board failed to carefully scrutinize the applicants’ qualifications and ended up short listing ineligible persons that did not have the required minimum qualifications for
26 Inspectorate of Government Report to Parliament July - December 2018 In view of the findings above, it was 3.2.2 A Review of the Appointment recommended among other things, as of Commissioner Education follows: Services at the Education Service Commission (ESC) by the Public The UIA Board, Service Commission (PSC) a) be cleared of the allegations that it unjustifiably interdicted the Executive In the complaint, it was alleged that the Director by bringing flimsy charges appointment of the Commissioner at the against her; ESC by the PSC was irregular. After review it was established that it was the mandate of b) be exonerated of the charge that it the Public Service Commission given under recommended for appointment as Article 166(1)(c) of the Constitution of the Directors persons that lacked integrity; Republic of Uganda 1995 and Section 8(c) of Public Service Commission Act, 2008 to c) should review Section 9.4.4(a) of the UIA approve person specifications for positions Human Resource Manual and bring it at the Education Service Commission in conformity with Section F-s (8) of the inclusive of that of the Commissioner Uganda Public Service Standing Orders; Education Services which it ably did. There was no evidence found that any officer(s) of d) should in future ensure that probationary the ESC or PSC influenced the process of contracts given to new staff at UIA are determining the person specifications for in compliance with the provisions of this position to suit the qualifications of a Section 67(2) of the Employment Act; certain candidate as it had been alleged. A report was issued on July 2018 to that effect e) put a stop to the practice of the Executive and allegations were not upheld. Director extending staff contracts without recourse to the Board of Directors as it 3.3 Challenges in Conducting contravenes the Investment Code Act; Ombudsman Investigations and Systemic Interventions: f) adopt a practice of verifying academic documents and information given in a) Reluctance to respond to Ombudsman applicants’ CVs at the point of short requests by some government institutions listing or to the candidates that emerge which in effect resonates with the way in the best after interviews but before which government institutions directly appointment; respond to citizen concerns. g) confirm its recommendation for b) The systemic interventions are broad appointment of various staff to the in nature and take some time to be respective positions after validating accomplished. their academic documents and verifying information on their years of experience c) Manpower gaps. as given in their applications.
NOTE: The full report can be accessed on the IG website.
Inspectorate of Government Report to Parliament July - December 2018 27 3.4 Future Plans in the implementation of the Ombudsman Function
The IG plans to: (i) Conduct special inspections using compliance spot-checks so as to identify and intervene in high-risky areas.
(ii) Support the re-activation of the Grievance Handling Mechanism (GHM) in MDA/ LGs.
(iii) Train staff in undertaking Alternative Dispute Resolutions (ADR) so as to achieve timely resolution of cases. (iv) Undertake systemic interventions in MDA/LGs to resolve underlying issues that abet corruption.
(v) Use of Board room sessions to enlist compliance by respective institutions to provide prompt responses to the IG inquiries.
(vi) Follow-up of the status of implementation of IG recommendations to document success stories.
28 Inspectorate of Government Report to Parliament July - December 2018 Chapter Four ENFORCEMENT OF THE LEADERSHIP CODE OF CONDUCT
4.0 Introduction (iii) 138 verifications were still ongoing by the end of reporting period. Pursuant to Articles 225 (1) (d) and 234 of the Constitution of the Republic of Uganda, (iv) 9 (75%) investigations into breaches 1995, Section 3 (1) of the Leadership Code were concluded out of a target of 12. Act, 2002 and S. 8 (1) (d) of the Inspectorate of Government Act, 2002 the IG is mandated 4.1 Management of Leaders’ to enforce the Leadership Code of Conduct. Declarations of Income, Assets and Liabilities: The Leadership Code Act, 2002 provides a minimum standard of behavior and conduct Section 3A of the Leadership Code Act, for leaders; it requires all specified leaders 2002 empowers the IG to receive, examine to declare their income, assets and liabilities and verify declarations lodged by leaders. to the Inspector General of Government. The Code prohibits conduct that is likely to 4.1.1 IG Online Declaration System compromise the honesty, impartiality and Testing and Launch of the Update Module integrity of leaders or conduct that leads to and Leader Support System corruption in public affairs. The code also imposes penalties on leaders who breach The Leaders Support System is a derivative the Code. of the IG-ODS which is designed to make it easy for leaders to submit their personal Section 37 of the Leadership Code Act, details for registration onto the system, and 2002 provides that the Inspectorate shall also for leaders to make inquiries about include in its statutory Report to Parliament declarations of income, assets and liabilities. a report on its enforcement of the Code. The IG tested and piloted the Update Module During the period July – December 2018, and Leader Support System in Kisoro and the main achievements were as follows: Gulu Districts in August and September 2018 respectively. During the exercise, leaders got (i) Incomes, Assets and Liabilities for 39 a demonstration of the system and had a (52%) leaders were verified out of a half hands-on experience in preparation for the year target of 75. The verified officials declaration of March 2019. were from BOU, MoE&S, MFSC, MoFA, MoIA, MoH, MoFFPED, NARO, MoLG, During this reporting period, a workshop MoTWA, Ministry of Energy and Mineral for staff of the IG was conducted with the Development, OPM, NSSF among purpose of sensitizing them on the developed others. updated module and leader support system. This was also aimed at preparing them for (ii) The total incomes involved in the the March 2019 declaration exercise and verifications and investigations were to assist them in their verification of leader’s UGX 42,621,309,182/= while the assets. assets verified were worth UGX 33,841,542,344/=.
Inspectorate of Government Report to Parliament July - December 2018 29 4.1.2 Development of the verification to declare, conflict of interest and matrix anticipatory declaration. A workshop for developing verification rules and matrix for the IG-ODS was conducted The following were the three main for both internal and external participants. recommendations from that workshop; Members successfully developed the rules and a matrix was designed although it is yet • There should be sensitization of the to be tested. The rules and matrix generated public on the leadership Code Act are aimed at developing the verification tool. • The Leadership Code Tribunal should be 4.1.3 Leadership Code (Declaration constituted Form) Regulations During this reporting period, the Leadership • The Leadership Code Act should be Code (Declaration Form) Regulations, 2018 further amended to address the loopholes were prepared and signed by the Minister therein of Ethics & Integrity on 18th October 2018. The Regulations once gazetted will be ready for enforcement of the Leadership Code in 4.3 2018 Declarations receiving and examining the Leaders’ 2019 declarations. The invitations to the leaders eligible to declare in March 2018 were put on hold 4.2 Sensitization of stakeholders on pending the amendment and approval of the Leadership Code Act the Leadership Code (Declaration Form) Regulations. On 1st and 2nd August 2018 a workshop was held to build a shared understanding of 4.4 2019 Declarations the provisions of the Leadership Code Act, 2002 (as amended) identify opportunities The Inspectorate of Government commenced and challenges, and identify areas for further preparatory activities for the declaration amendment. period due March 2019. Leaders were thus expected to submit their declarations by the It was noted that while the Amendment end of March 2019 using the upgraded IG- provided for the Leadership Code Tribunal ODS. The Inspectorate expects to receive a as sought, other important provisions of total of 26,000 leaders eligible to submit their the Act were removed which hinders the forms during the 2019 declaration period. enforcement of the Leadership Code Act, for instance; In line with this, letters were distributed to Accounting Officers of the various institutions • The removal of the requirement for and districts requesting for updated lists of declaration of the incomes, assets and leaders due to declare by March 2019. By liabilities of the spouse, children or the end of this reporting period, a total of 54 dependents had responded out of 150 institutions and 15 Districts out of the expected 114 districts. • The removal of major breaches of the Act The process of following up on the various such as false declarations and excess or Accounting Officers to submit their updated under declaration of property. lists before end of January 2019 was still ongoing by end of the reporting period. • The amendment did not provide for penalties for breaches such as failure
30 Inspectorate of Government Report to Parliament July - December 2018 4.5 Verifications of Leader’s (iii) A gift of 1000 bags of cement. This gift Declarations of Income, Assets was not received by the leader. The and Liabilities leader however informed this office about the offer of this gift and was thanked for During this reporting period, a total of 39 having informed the Inspectorate about verification cases were concluded. In all the the matter. cases, the leader’s assets were found to be commensurate with their known sources 4.8 Constraints in the Enforcement of income and no undeclared assets were of Leadership Code Act found. • While the Leadership Code Act was 4.6 Investigations into breaches of amended recently, it came with new the Leadership Code; challenges that have affected its enforcement. These include: the removal During this reporting period, a total of 9 of the requirement for declaration of the investigation cases were concluded. incomes, assets and liabilities of the spouse, children or dependants, removal • 7 cases, allegations were found to be of some breaches and the lack of some false; penalties for some breaches.
• 2 cases, forwarded for prosecution and • The lack of a Leadership Code Tribunal legal advice is still a significant challenge to the enforcement of the Leadership Code and 4.7 Gifts Declared by Leaders contributes to the decline in adhering to the code of conduct by leaders. Section 10(1) of the Leadership Code Act, 2002 requires a leader to declare to • The delay in availing information by the Inspector General of Government a Government Registries and Commercial gift or donation of a value of ten currency Banks causes further delays in the timely points or above received on any public or completion of cases. ceremonial occasion, or a commission on any transaction. • The informal and undocumented transactions continue to make leader’s During this reporting period, the following incomes, liabilities and assets difficult to gifts were declared; trace and accurately prove.
(i) A Gift of 2 cows. The leader was advised to retain the gifts since they were intended 4.9 Future Plans for the Period to appreciate his services and bid him January – June 2019 farewell. • Complete the development of Phase II of (ii) An Ipad/phone. The leader was advised the IG-ODS to have it registered in the office inventory, dispose of it in accordance with the • Operationalize the electronic verification Public Procurement and Disposal of of declarations received through the IG- Authority (PPDA) Act, 2003 and have the ODS. proceeds deposited in the Consolidated Fund.
Inspectorate of Government Report to Parliament July - December 2018 31 • Complete a total of 300 cases of both 4.10 Recommendations investigations of breaches of the Code and verification cases of leaders’ • The Directorate for Ethics and Integrity incomes, assets and liabilities. should fast track the Constitution and operationalization of the Leadership • Train and sensitize the IG-ODS Focal Code Tribunal. This will enable the Persons and Leaders on the use of effective enforcement of the Code and the Inspectorate of Government online will encourage leaders to comply with declaration system (IG-ODS). the Code.
• Engage Banks to provide information • The various Government Registries electronically should frequently update information and records in their Registries to enable • Partner with the various Government access to accurate data and obtaining of Registries to allow IG access of the credible information. required information and records in time to facilitate investigations and • The Directorate for Ethics and Integrity verifications. should consider the review of the Leadership Code Act to address the loopholes that arose from its recent amendment.
32 Inspectorate of Government Report to Parliament July - December 2018 Chapter Five PREVENTIVE MEASURES
5.0 Introduction The following public awareness programmes and activities were carried out by the Under the 1995 Constitution, the IG is Directorate during the period under review: mandated to sensitize and educate the public about the values of constitutionalism 5.1 Public Awareness Programmes in general and the activities of the office in and Sensitization particular, through any media or any other means it considers appropriate. The aim is to 5.1.1 Workshops create partnership and collaborative efforts The IG carried out 21 sensitization workshops, with various sections of the public in order in line with constitution and fulfilling strategic to achieve its mandate of fighting corruption, objective No.5 of the IG Strategic Plan. abuse of office and administrative injustices. For example, the IG in collaboration with The public is therefore, educated about their Platform for Social Justice organized an Anti- Constitutional right to access public services Corruption training workshop for District without having to pay bribes or any other leaders in greater Mbarara at Rwizi arch extra costs and made aware of their civic Hotel in Mbarara on 4th October, 2018 under duties and responsibilities; to demand for a theme “Effects of Corruption on Social accountability, value for money from their Service Delivery at the Districts Platform leaders and to report corrupt practices, for Social Justice (PSJ)”. The objective mismanagement or abuse of public office to was to enhance the understanding of the the IG. role of IG and the participation of other key stakeholders.
Participants at the workshop at Rwizi Hotel Mbarara
Inspectorate of Government Report to Parliament July - December 2018 33 Director for Education and Prevention of Corruption facilitating during the training
5.1.2 Electronic Media Ambassadors Clubs (IACs) in Tertiary Eight (8) Radio and 4 TV Talk-shows were Institutions. IG strengthens and supports held during the reporting period. The talk the Integrity Ambassadors Clubs by offering shows were held on Capital FM, Elgon FM both financial and technical assistance. Kapchorwa, Eye FM Iganga , Impact FM Kampala, Jogo FM Busia, NBS Jinja, STEP During the period under review the IG Radio & Step TV Mable. The objective was supported three Integrity Ambassadors to discuss the theme of the anti- corruption Clubs activities: campaign 2018, which was focusing on On 22nd September 2018, IG facilitated the the participation of citizens and other Ambassadors’ Club of Mbarara University of stakeholders in the preventing of corruption. Science and Technology (MUST) to sensitize 1st year students about the role of IG and the Four different spot messages (two in Luganda need to participate/join the Integrity Club to and two in English) were aired on the above fight corruption. mentioned radio stations. The message focused on the role of the Inspectorate On 27th September 2018, IG facilitated IAC of Government and other stakeholders in workshop at Kampala International University fighting corruption with a call on citizens to under the theme “Corruption a human demand for accountability and play a role in rights issue; have stakeholders forgotten the fight as it’s their duty. their responsibilities”. This workshop was attended by 300 students. 5.1.3 Integrity Ambassadors Clubs’ Activities The Inspectorate of Government through its On 11th October, 2018, Integrity Ambassadors public awareness strategy enlists the support Club was launched at Kyaddondo S.S, of the youth in the fight against corruption. Matuga. This is done through formation of Integrity
34 Inspectorate of Government Report to Parliament July - December 2018 A cross section of students of Kyaddondo S.S, Matugga
Students of Kyaddondo S.S IAC electing their leaders
Inspectorate of Government Report to Parliament July - December 2018 35 5.1.4 Publications joint anti-corruption campaigns with different The IG published and distributed 300 copies targets every year. In 2018, the agencies of the IAC Bulletin 4th Edition. The bulletin organized anti-corruption activities under highlights activities implemented by IACs the theme, “Citizens’ participation in the during the period July – December 2018. fight against corruption: A Sustainable Path The IG distributed two sets of car bumper to Uganda’s Transformation”. stickers with the Anti- Corruption massages encouraging the public to hold their leaders The theme was in line with Strategic accountable and report corruption. Objective No. 2 of the National Anti- Corruption Strategy (NACS) 2014 – 2019 5.1.5 Training/Sensitization of Public which is “To empower citizens to participate Servants in Anti-Corruption measures at national and The IG conducted sensitization and training at local governments”. The NACS is the programs for other civil servant as detailed National Strategy to fight corruption and below: rebuild ethics and integrity in Uganda for the period 2014 to 2019. On 23rd August 2018, a presentation on the “Role of IG in promoting Public The theme was also premised on the Accountability” in the Training of 38 Senior citizen engagement models that the IG Police Officers at Senior Command and Staff implemented in NUSAF 2 and has continued College, Bwebajja was made. to implement in NUSAF 3 projects, where the involvement of the citizens in monitoring A presentation on the role of IG in the fight implementation of projects has ensured full against corruption was made at a training of project implementation and accountability. 321 Police Officers at Kabalye Police Training School on 9th August, 2018. The 2018 Anti-Corruption Campaign intended to empower and encourage The Inspectorate of Government established citizens to combat corruption and misuse or partnership and collaboration with Kumi wastage of public resources. Human Rights Initiatives on 6th September 2018 at Joyland Guest Land, Kumi. The Under the campaign a series of Anti- stakeholders were sensitized and educated Corruption activities were executed on the Anti-Corruption laws including access culminating into the commemoration of to Information Act, Anti-Corruption Act and the International Anti-Corruption Day on Whistleblowers Act. 10th December, 2018. H.E Yoweri Kaguta Museveni, the President of the Republic of 5.2 Anti-Corruption Campaign 2018 Uganda addressed the nation on the state of In order to fight corruption more effectively, corruption in Uganda at Kololo Ceremonial the Inspectorate of Government in Grounds on that day. partnership with the Directorate for Ethics and Integrity, Office of the Auditor General The campaign which highlighted the and Public Procurement and Disposal of importance of citizens’ participation in the Public Assets Authority and Justice Law fight against corruption provided fora for and Order Sector formed a partnership in ACAs to talk to the public and get feedback 2014. This collaboration is supported by and also mobilize them against corruption the German Government through Deutsche through a series of activities namely; barazas, Deutsche Gesellschaft für Internationale spot checks, Boardroom Sessions, radio Zusammenarbeit GmbH (GIZ). and TV Talk Shows, radio spot messages Since then, the partners have been holding and distribution of IEC materials.
36 Inspectorate of Government Report to Parliament July - December 2018 The campaign was also inward looking Kapchorwa and Mbale on 24th, 25th, 26th, focusing on addressing integrity, corruption 27th and 28th September, 2018 respectively. and service delivery gaps within the ACAs Through Baraza and Boardroom Sessions, themselves; Boardroom Sessions were many complaints and concerns emerged conducted in IG, PPDA and OAG to motivate that ACAs could explore to improve public staff to be corruption free, more responsive service delivery and enhance the fight and professional as well as result oriented against corruption. while executing their duties. The meetings aimed at motivating Local Barazas and Local Government Boardroom Governments to create and/or strengthen Sessions were held in selected Districts and internal mechanisms to prevent corruption Municipal Councils of Njeru, Iganga, Busia, and punish corrupt practices.
Participants during a Boardroom Session in Mbale District Local Government
Boardroom Sessions were held with the as a compulsory and examinable area sectors of Education, Oil and Gas and and reinforce Anti-Corruption education Justice, Law and Order Sector, Media in schools through promoting annual houses and Inter-Religious Council of competitions in music, poetry, dance and Uganda. The Boardroom Sessions featured drama with themes about the role of the plenary discussions in which participants youth in fighting corruption. raised concerns, asked questions and made recommendations on what can be done to The dialogue was attended by 80 address service delivery gaps and corruption participants including representatives from in Uganda. The key recommendations by Ministry of Education and Sports (MoES), sector include the following: National Curriculum Development Centre (NCDC), Uganda National Examination Education Sector Boardroom Session: Board (UNEB), Uganda Police Force (UPF), include Anti-Corruption, Ethics and Integrity Office of the Director of Public Prosecutions education in the national school curriculum (ODPP), Inter-Religious Council Uganda
Inspectorate of Government Report to Parliament July - December 2018 37 (IRCU), Uganda National Teachers’ Union The purpose of the dialogue was to engage (UNATU), selected District Education Officers Ministry of Education and Sports to consider and Primary and Secondary Schools Head inclusion of Anti-Corruption, Ethics and Teachers from Kampala, Wakiso, Mukono, Integrity studies in the School Curriculum. Bundibugyo, Mayuge and Nebbi districts, The Education Sector Key players led by the IG, OAG, PPDA and DEI. Minister of Education and Sport, Hon. Janet Kataaha Museveni on 26th October, 2018 at Imperial Royale Hotel Kampala.
Hon. Janet Kataaha Museveni with the IGG and representatives from OAG and PPDA during the Education Sector Boardroom meeting at Imperial Royale Hotel
Oil and Gas Sector: Sensitize the local oil and gas sector and compensations of communities on how to tap into the job project affected persons. The workshop was opportunities for oil and gas projects. thus able to address the above concerns Skill Ugandans to take up the available as well as discuss mitigation measures to job opportunities, increase the number harness opportunities and maximize benefits of Ugandans employed in oil and gas accruing in the industry. companies and build the capacity of local communities in the Albetine region to be Justice, Law and Order Sector (Uganda able to competitively supply the industry. The Police Force): tighten and safeguard the engagement was held on 12th September gateway to the force, consider carrying 2018, Serena Hotel, Kampala. The Heads out investigations into the source of forged of Institutions resolved to follow-up with documents in the country, strengthen other state actors on some of the key public supervision for effectiveness and prevention concerns which include land acquisition for of corruption in the force, review the training the oil and gas projects, opportunities in the syllabus with a view to bring up professional
38 Inspectorate of Government Report to Parliament July - December 2018 Police Officers and build a structure in which This engagement was held on the 15th cases of national interest can be determined November 2018, at Golf course Hotel, so that they can be given due attention from Kampala and the purpose was to strengthen all concerned institutions and are handled functional linkages and collaboration expeditiously. between Police and Anti- Corruption Agencies (ACAs).
Participants during the UPF Boardroom session at Golf Course Hotel
Inter-Religious Council of Uganda: The IG in partnership with ACAs led by the encourage schools to rebuild the moral fibre Minister of State for Ethics and Integrity, Rev. by teaching morals and values to the young Fr. Simon Lokodo, held a dialogue with the generation, come up with a systematic way Inter-Religious Council of Uganda on 2nd of packaging Anti-Corruption messages October, 2018 at IRCU Secretariat in Mengo. and set aside days to relay the message, condemn corruption as a sin in all places of The engagement was intended to improve worship, hold national level and closed door cooperation and coordination between seminars for key public officials on integrity IRCU and the government Anti-Corruption and stewardship and summarise, translate Agencies in the fight against corruption. laws and national values in local languages and disseminate them.
Inspectorate of Government Report to Parliament July - December 2018 39 Rev. Fr. Simon Lokodo addressing participants during a Boardroom Session with Inter-Religious Council Uganda
Media Boardroom Sessions (at BBS STAAC is tailored to contribute to Terefayina/CBS Radio Buganda, Next the Government priority for improved Media Group): nurture a generation of transparency and accountability in public journalists that detest corruption by putting service delivery as enshrined in the Vision emphasis on sensitizing and educating the 2040, the National Development Plan young generation about corruption and its and the Accountability Sector Strategic dangers, invest in developing Anti-Corruption Investment Plan (ASSIP); and to enhance the series and modules tailored for children effectiveness of transparency, accountability, and rethink the communication strategy to and Anti-Corruption processes in project ensure that Anti-Corruption messages are areas. appealing to the public. The IG uses four main interventions to 5.3 Strengthening Transparency, achieve the above. These include: Accountability and Anti- Corruption (STAAC) in a) Training, sensitization and awareness of Government Projects communities;
5.3.1 Introduction b) Citizens and stakeholder engagement; The IG is implementing Strengthening c) Monitoring and Inspection of project Transparency, Accountability and Anti- activities at all levels; and Corruption (STAAC) component in government projects. d) Enforcement through investigation and prosecution.
40 Inspectorate of Government Report to Parliament July - December 2018 5.3.2 Third Northern Uganda Social Society Organizations. The aim of the follow- Action Fund (NUSAF 3) up training was to ensure that CMGs had fully grasped the concept of community Training, Sensitization and awareness monitoring (during the initial training) and had of communities the necessary skills to monitor government The objective is to create awareness projects independently and diligently. Any to targeted groups on STAAC and IG issues that were not properly understood involvement in government projects as during the initial training were tackled during well as to solicit their support in ensuring follow up. transparency and accountability during project implementation. During the period, The IG also sensitized Community Project the following was achieved: Management Committee Members (CPMCs), Community Procurement Community Trainings Committees (CPCs) of the various NUSAF Follow up training of 586 Community 3 Sub-Projects and Community Watershed Monitoring Groups (CMGs) in NUSAF 3 Committees on STAAC. project area was carried out by the Civil
The participants during the training on STAAC in the district of Oyam.
Inspectorate of Government Report to Parliament July - December 2018 41
The participants during the training on STAAC in the districts of Kole and Amolatar.
Radio Talk-shows
The IG participated in nine (9) radio Talk-shows that were organized by the Office of the Prime Minister.
Engagement of Citizens and Stakeholders
World Bank Mission The IG participated in the World Bank-GoU supervision Mission whereby NUSAF3 Sub-Projects under Sustainable Livelihood Pilot (SLP) in Gulu and Nwoya were inspected by representatives from the World Bank, OPM and the IG. The Mission began with the launch of the report of 12th World Bank Uganda Economic Update by Hon. Vincent Sempijja, Minister of Agriculture, Animal Industry and Fisheries.
42 Inspectorate of Government Report to Parliament July - December 2018 Hon. Vincent Sempijja, Minister of Agriculture, Animal Industry and Fisheries launching the Report of the 12th Uganda Economic update
After the launch of the report the participants visited Unyama Parish where beneficiaries were gathered. They included beneficiaries from the pilot villages based in Lilaya, Unyama and Layibi Clusters. The beneficiaries were happy with the project and thanked Mr. Tony Thompson, World Bank Country Manager Uganda for the intervention of the World Bank in their lives.
Beneficiaries of SLP hosting the visiting team at Unyama Parish
On the 21st November 2018, the team visited Nwoya District. Mr. Okello Patrick Oryem, the LC.V Chairman addressed the team and later led them to Odyek Can Deklok Cassava Growing Project in Nwoya District.
Inspectorate of Government Report to Parliament July - December 2018 43 Mr. Okello Patrick Oryem, the LC.V Chairman of Nwoya addressing the visiting team
The projects visited showed that NUSAF Monitoring and Inspection of Sub- 3 and particularly its Livelihood Income Projects Support component improved the welfare of The IG has monitored all funds disbursement the beneficiaries. to districts, utilization and accountability and followed up on the implementation of Sub- Acknowledgement of the role of the Projects. Inspectorate of Government Dr. Robert Limlim, Director, NUSAF 3 The purpose of the monitoring is to ensure and Ms. Goretti Okech, the NDO of Gulu that the Sub-Projects are being implemented acknowledged and praised the contribution as planned and in accordance with the of the IG towards the success of NUSAF3. guidelines. It also offers an opportunity to According to Dr. Limlim, the STAAC quickly detect and fix any implementation component has minimized the incidences of challenges in order to have the Sub-Projects abuse of the project funds. In her remarks, timely completed. Ms. Goretti Okech said that whereas at the beginning there was apprehension by some Activities carried out under monitoring NUSAF project implementers about the include physical inspection of Sub-Projects, involvement of the IG, it is now being viewed organizing and attending meetings with positively as an important partner. She noted various stakeholders. The IG conducted that the Community Monitoring Groups inspections of NUSAF 3 Sub-Projects in (CMGs) have played a big role in ensuring that several districts communities actually implement projects as planned.
44 Inspectorate of Government Report to Parliament July - December 2018 IG officers inspecting a cassava garden in Kiryadongo District
IG officers inspecting a Block farm in Kotido District
Inspectorate of Government Report to Parliament July - December 2018 45 IG officers interacting with NUSAF 3 beneficiaries in Sironko District
Investigations and grievances handled During the period, the IG received a number of complaints and grievances, some of which were resolved whereas others are at various stages of investigation.
Table III: Summary of the complaints/grievances handled during the period July – December 2018 No. Office No. of complaints/ grievances No. resolved No. pending
1. Arua Regional Office 10 8 2
2. Lira Regional Office 8 7 1
3. Gulu Regional Office 13 12 1
4 Soroti Regional Office 12 11 1
5. Hoima Regional Office 38 36 2
6. Mbale Regional Office 11 8 3
7. Moroto Regional Office 52 49 3
8. Tororo Regional Office 38 37 1
9. Moyo Regional Office 3 2 1
Total 185 170 15
46 Inspectorate of Government Report to Parliament July - December 2018 5.3.3 Development Response to Displacement Impact Project (DRDIP) The Government of Uganda received a grant from the World Bank towards the Development Response to Displacement Impact Project (DRDIP). The Project aims to improve access to social services, expand economic opportunities and enhance environmental management for host and forcibly displaced households in the targeted areas of Uganda. It is being implemented in the districts of Arua, Adjumani, Yumbe, Koboko, Moyo, Lamwo, Hoima, Kamwenge, Isingiro, Kiryadongo and Kyegegwa.
IG is implementing Transparency, Accountability and Anti-Corruption (TAAC) in government projects including DRDIP. Drawing from the successful implementation of TAAC in the second Northern Uganda Social Action Fund where it was credited for reduced misuse of project resources, fraud and corruption, the IG developed similar mechanism to implement TAAC in DRDIP. Community meeting held to elect CMG members in Arua District Engagement of citizens and other stakeholders Training of Trainers (ToT) The IG is implementing a Citizens Engagement Following the signing of the MoU with Framework referred to as Community the CSOs, a five day training for the CTs Responsibility to Enhance Transparency and Programme Managers commenced and Accountability (CRETA). The objective in December 2018. The training was of CRETA is to build the capacity of CMGs held at Desert Breeze Hotel, Arua and 33 to enhance community responsibility, participants were trained on how to teach transparency and accountability in the communities on Social Accountability, government projects. The IG is working with the IG, types of corruption, how and why Civil Society Organizations to empower the we monitor projects, community monitoring communities. tools, how and where to report complaints and grievances, types of grievances to be During the period, the IG participated in handled at community level and which are to overseeing the process of selecting CMGs be referred to IG and other authorities. in the community. Formation and Verification of Community Monitoring Groups (CMGs) The IG developed the guidelines that were used for the identification and selection of members of the Community Monitoring Groups (CMGs).
Inspectorate of Government Report to Parliament July - December 2018 47 Communities were mobilized in 11 Districts to form groups referred to as CMGs. During the period, approximately 95 groups under Development Response to Displacement Impact Project (DRDIP) were formulated by officers of the Inspectorate of Government. Each of these groups has more than 10 members (of which half are female) that are empowered to monitor and inspect projects in their respective communities.
Monitoring and Inspection Monitoring and inspection activities were carried out in all the 11 districts implementing the DRDIP. In total 76 sub projects were inspected. The objective of monitoring and inspection activities was to establish if project implementation was taking place according to project guidelines and resources were properly accounted for. Some of the findings of the monitoring included, among others: IG team inspecting the general ward at (i) Sub-Projects do exist and are at various Imvepi Health Centre III in Arua District levels of implementation;
(ii) There were some delays in commissioning of Sub-Projects due to the absence of DRDIP Engineers who were supposed to be recruited by the OPM and sent to the districts. (The recruitment exercise was however concluded by OPM and Engineers sent to the districts);
(iii) Sub-Project Committees (CPMC, CPC, and CWC) are in place and underwent
training;
(iv) The DRDIP Project was timely given the influx of refugees especially from South Sudan which was starting to put a strain especially on Health and Education facilities.
IG team inspecting OPD and staff houses at Palabek Ogili Health Centre III in Lamwo District
48 Inspectorate of Government Report to Parliament July - December 2018 5.3.4 The Youth Livelihood Programme (iv) Misappropriation of the project funds by (YLP) some of the group members. The Youth Livelihood Programme (YLP) is a Government of Uganda five year Development (v) Natural hazards like drought affected Programme (2013/14-2017/18) targeting agricultural products. the poor and unemployed youth aged between 18 and 30 years. The programme (vi) Inadequate operational funds for district is implemented under the Ministry of Gender, authorities to monitor implementation Labour and Social Development (MGLSD). It and performance of the sub projects. covers all the districts of Uganda including Kampala City with a projected total budget Recommendations to Mitigate YLP of UGX 265 billion. Implementation Challenges
The IG is mandated with an over sight role to (i) Youth should particularly be adequately ensure transparency, accountability, effective sensitized about the purpose of the service delivery and value for money in project to make them appreciate that project implementation. it is for their own good and that they are supposed to refund the funds they Monitoring and Inspection of YLP received. This will encourage hard work Projects among the youth and thereby enabling The planned monitoring and inspection of them to make refunds without the need YLP in the period were however affected for coercive measures. by limited funding. Nevertheless, there were other engagements with various (ii) Group formation should be based stakeholders which led to identification of on common interest to minimize the challenges as high lighted below. disintegration and group collapse.
Challenges encountered by YLP (iii) The number of group members should implementers and beneficiaries also be reduced from 15 to between 5-7 As part of the continued engagement between to ease group management and ensure the IG, stakeholders and beneficiaries of group cohesion. YLP, several challenges have been identified and these include among others:- (iv) Need for technical facilitators to guide youth groups right from project (i) Little funding is availed for training of identification to implementation. the members on skills and knowledge areas relevant to the sub-project focus. (v) Youth whose sub projects are of Currently, YLP officials do more of agricultural nature should be advised to sensitization than training. plan and align their Sub-Project activities with the weather forecast to avoid (ii) Lack of enterprise management skills adverse effects of bad weather. by youths. This led to collapse of some funded Sub-Projects especially after (vi) Districts ought to be funded adequately some youth diverted part of Sub-Projects to monitor the implementation and funds to personal use. performance of the youth projects.
(iii) Project membership (10-15) too big for cohesion and easy management.
Inspectorate of Government Report to Parliament July - December 2018 49 Investigations of YLP Complaints The Inspectorate of Government and The Project Monitoring Division is currently the MAAIF signed a Memorandum of investigating two cases related to YLP. Understanding (MoU) which provides a framework of cooperation between the 5.3.5 Regional Pastoral Livelihoods IG and MAAIF. The IG’s responsibility is Resilience Project (RPLRP) to conduct transparency, accountability RPLRP is a world bank funded project and Anti-Corruption activities during the whose implementation is spear headed by implementation of RPLRP. Ministry of Agriculture, Animal Industry and Fisheries (MAAIF). In the period under review, the Inspectorate formed Community Monitoring Groups in The project is aimed at enhancing livelihood all the districts under RPLRP. A total of 61 resilience of pastoral and agro-pastoral CMG groups were formed comprising of communities in cross-border drought prone 429 individuals (191 female and 238 male). areas and to improve government’s capacity Follow up training of the CMGs is scheduled. to respond promptly and effectively to eligible The CMGs shall be tasked with monitoring, crises or emergencies. inspection and grievance handling in their respective areas. Below are the pictures It is implemented in twelve (12) Districts from the CMG formulation exercise in several of Kaabong, Kotido, Moroto, Napak, districts. Abim, Amuria, Katakwi, Kumi, Bukedea, Nakapiripirit, Kween, and Amudat.
Community Group Formation in Kumi District for RPLRP
50 Inspectorate of Government Report to Parliament July - December 2018 Chapter Six CAPACITY BUILDING AND COLLABORATIONS
6.0 Introduction One (1) Senior Information Technology The IG is committed to strengthening and Officer attended a conference on Securing building capacity of its staff by organizing the Digital Economy from 13th to 17th August relevant training programs and study tours 2018 in Munyonyo, Kampala. both at individual and group levels. IG appreciates that the war against corruption Thirty Two (32) staff from Regional Offices and promotion of good governance requires at the level of Regional Inspectorate Officers cooperation, support and exchange of and Deputy Regional Inspectorate Officers ideas with other relevant institutions at the attended Training in Integrated Financial national, regional and international levels. IG Management System on 12th December therefore, interacts with various stakeholders 2018 at the Inspectorate of Government at national, regional and international Offices. levels. This is done by not only organizing meetings, workshops and conferences for Nineteen Drivers (19) were trained in driving selected stakeholders but by also attending skills by Uganda Driving Standard Agency and participating in those organized by other from 24th November to 8th December 2018. stakeholders. IG also interacts with other stakeholders through exchange visits and Internal Integrity Campaigns were conducted study tours. by the Inspectorate of Government for all IG staff on 11th December 2018 at Hotel 6.1 Trainings under taken from July Africana. to December 2018 b) Regional Training a) Local Training The Principal Policy Analyst/Planner attended Sixteen (16) staff attended a Workshop on training on Policy Analysis, Formulation and Proceeds of Crime Law on 27th July 2018 at Management from 6th to 17th August 2018 at Hotel Africana. ESAMI Headquarters in Arusha.
Thirty Drivers (30) were trained in driving c) International Training skills by Uganda Driving Standard Agency One Principal Inspectorate Officer attended from 21st July to 4th August 2018.Thirty a Seminar on Rule of Law Building and Six (30) staff of the Directorate of Special Governance Capacity for Developing Investigations attended training on Financial Countries from 11th to 31st July 2018 in Profiling and Understanding of Ingredients of Beijing, China. Corruption Offences from 14th to 16th August 2018 at Country Lake Resort Garuga, Two Senior Staff attended a Seminar on Entebbe. Building Social Governance System and Governance Capacity for Developing One (1) Information Technology Officer Countries from 4th to 24th September 2018 attended training on Computer Hacker and in Beijing, China. Forensics Investigation from 13th to 17th August 2018 at Summit Consulting Ltd, Kampala.
Inspectorate of Government Report to Parliament July - December 2018 51 Two Principal Officers attended a Seminar a shared responsibility for effective service on Production Capacity Cooperation for delivery”. There was an exhibition where Uganda from 13th to 26th September 2018 IEC materials were distributed at the IG stall in Shijiazhuang, Hebei Province in China. as well as talking to the participants about One Director and Head of Division attended the IG. The IG also contributed articles to a Capacity Building Training Workshop for the quarterly Accountability Sector Bulletin, Senior Officials of Anti-Corruption Bodies/ a publication of the Ministry of Finance, Institutions of IGAD Member States from Planning and Economic Development. Other 13th to 16th November 2018 activities included an inter-university debate on accountability at City Hall. 6.2 Public and International Relations Taxpayers’ Appreciation Week 2018 Media coverage The IG took part in the Taxpayers’ The IG got a lot of media coverage during Appreciation Week 2018 spearheaded the period. Some of the key headlines by Uganda Revenue Authority at Kololo covered the Anti-Corruption Campaign Ceremonial Grounds from 26th to 28th 2018 that culminated in the Anti-Corruption September, 2018. The IG showcased the Day, Katosi road scam case and judgment, Online Declaration System (IG-ODS) used the probe into the wealth of former Bank by leaders to declare their income, assets of Uganda Director for Supervision, Ms. and liabilities online, distributed Information, Justine Bagyenda, the IG’s request for a law Education and Communication (IEC) empowering it to seize assets of suspected materials and interacted with members corrupt officials who fail to explain source of of the public on matters of corruption and their wealth, investigations into allegations maladministration. of nepotism and corruption at Makerere University following numerous complaints 6.3 International Collaboration from some staff members, among others. UN DAY 2018 Newspaper Supplements The United Nations Day was commemorated The IG published a supplement in the New on 24th October, 2018 at Kololo Ceremonial Vision in commemoration of Uganda’s 56th Grounds under the theme, “Promoting the Independence Anniversary on 9th October, SDGs - UN is Us”. The Inspectorate of 2018 under the theme, “Standing tall as we Government participated in an exhibition to celebrate achievements of the 56 years of showcase the work done with support from Independence”. Another supplement was United Nations Development Programme published in the New Vision on International (UNDP) to operationalize the Online Anti-Corruption Day on 9th December, 2018 Declaration System (IG-ODS). under the theme, “Citizens participation in the fight against corruption: A sustainable Cross Border Anti-Corruption Initiative path to Uganda’s transformation”. A team of 3 IG officials were hosted on 28th August 2018 by the Ethics and Anti- Public Relations Corruption Commission (EACC) of Kenya. A dialogue regarding Cross Border Anti- ASJAR 2018 Corruption Initiative was also conducted in The Inspectorate of Government participated Nairobi. The overall objective of the dialogue in the Accountability Sector Joint Annual was to strengthen collaboration with EACC Review (ASJAR) 2018. The event was held to combat cross border corruption and at Speke Resort Munyonyo on 30th to 31st improve in security and governance in the August 2018 on the theme, “Accountability, two countries.
52 Inspectorate of Government Report to Parliament July - December 2018 Benchmarking on online Declaration declaration systems and E verification. system To enhance the implementation of the The team was able to learn from the Inspectorate of Government Online benchmarking and will enhance the Declaration system (IG-IDS), staff from the e-verification system at the inspectorate of Directorate of Leadership Code (DLC) and Government. Inspectorate of Government Information Technology (IT) conducted is grateful for the partnerships with a benchmarking visit to the Office of The anti-corruption agencies in Africa and Anti-Corruption Commission of Sierra specifically appreciate the Anti-Corruption Leone. The purpose of the benchmarking Commission of Sierra Leone for hosting the visit was to learn and share best practices study visit. regarding implementation of online
The team of IG led by the Director of Leadership Code with staff of Anti-Corruption Commission of Sierra Leaone
EAAACA Constitutional Amendment
The D/IGG representing IG during the EAAACA Meeting in September 2018.
Inspectorate of Government Report to Parliament July - December 2018 53 The name of the association was amended Anti-Corruption year. The topics that were to Eastern Africa Association of Anti- identified were also aligned to how the corruption Authorities (EAAACA) and anti-corruption agencies can win the Fight the objectives were reviewed in line with against Corruption through sharing the the newly developed Strategic Plan. The lessons and challenges. mission and vision of the association were also reviewed and are: The Deputy IGG Maria Wangadya led the delegation from Uganda which comprised, Vision: An Eastern Africa Region free from Ms Sarah Birungi the Director Legal Affairs Corruption. and President Asset Recovery Inter-agency Network for Eastern Africa, Ms. Josephine Mission: To strengthen the capacity of Namatovu from Office Directorate of public EAAACA members to prevent and combat Prosecutions, Mr. Bernard Ocaya from CID, corruption through Regional cooperation. Mr. Joseph Nabwii from the Inspectorate of Government and Dr Nsamba from Office of the Auditor General. 12th EAAACA AGM The 12th Eastern Africa Association of The Uganda Ambassador to Rwanda, Her Anti-Corruption Authorities (EAAACA) Excellency Oliver Wonekha with officials Annual General Meeting was hosted by from the Embassy joined the Uganda the Office of the Ombudsman from 19th – delegation during the meeting. 22nd November 2018 in Kigali, Rwanda. The theme of the AGM was “Winning the A communique was signed during the Fight against Corruption: Lessons and meeting and can be accessed on the IG Challenges.” The theme was in line with Website: www.igg.go.ug. the AU resolution to designate 2018 as
Deputy IGG with representatives of Anti-corruption agencies from Kenya, Ethiopia and South Sudan.
54 Inspectorate of Government Report to Parliament July - December 2018 The DIGG (Centre) with a delegation from Uganda
Deputy IGG George Bamugemereire with Heads and Deputy Heads of Anti-Corruption Authorities under the umbrella of EAAACA with Members of the East Africa Legislative Assembly at EAC Headquarter in Arusha, Tanzania.
Inspectorate of Government Report to Parliament July - December 2018 55 The members of the Eastern Africa Anti- corruption in the region. The Deputy Corruption Authorities under the umbrella IGG, Mr Bamugemereire represented the of EAAACA, paid a courtesy call on the Inspectorate of Government. Members of the Regional Affairs and Conflict Resolution sub-committee of the 4th ARINEA AGM East Africa Legislative Assembly at the The Asset Recovery Inter-agency Network EAC Headquarters in Arusha. The purpose for Eastern Africa (ARINEA) held their 4th was to interact with the committee that was Annual General Meeting on 20th November handling the Anti-corruption bill for East 2018 in Kigali Rwanda. During the Meeting, Africa. The members noted that as key the members were also trained on Financial stakeholders, the committee should create Investigations, tracing and recovering of a partnership with the anti-corruption assets. agencies to enhance the fight against
Ms Sarah Birungi the Director of Legal Affairs chairing the meeting.
International Anti-Corruption The Prime Minister of Denmark Lars Conference and the International Løkke Rasmussen officially opened the Corruption Hunters Alliance conference and expressed dismay at the The 1st International Anti-Corruption recent discovery of tax fraud in Denmark. conference were held at Bella Center in The President of Afghanistan Ashraf Ghani Copenhagen Denmark from the 22nd to also addressed the conference via video 24th October 2018 and the International link and he debunked the argument that Corruption Hunters Alliance meeting fragile states could not fight corruption by held at the Ministry of Foreign Affairs in listing the bold measures that Afghanistan Copenhagen on 25th and 26th October had taken to eradicate and combat 2018. corruption.
56 Inspectorate of Government Report to Parliament July - December 2018 Easy access to information and close and Agencies in Commonwealth Africa at Hilton independent scrutiny of promotions to the Hotel Mauritius. The training took place most senior positions both in the Police from 27th – 31st August 2018. The objective and the Military President Ghani noted of the training was to help member were some of the key initiatives. countries deal with corruption and tackle its destructive impact. The Commonwealth The delegation from Uganda was led Africa Anti-Corruption Centre’s capacity by Mr George Bamugemereire, Deptuy building programmes are based on the IGG, Senior Assistant DPP Jane Okuo Professional Action Learning Programme Kajuga, Jovile Mugyereza from URA, the model. Regional Inspectorate Officer (RIO),Fort Portal Mr Nicholas Kajura. In addition, While addressing the delegates during a representative from the Rwenzori Civil the official opening Dr. Beekarry, the ICAC Society also attended. The conference Director-General noted the need for all report can be accessed on www.igg. agencies to focus on ‘Effectiveness’ of go.ug. their organizations and their procedures. He added that all agencies need strong Senior Leadership and Management management teams who can push Programme for heads of Anti-Corruption forward the anti-corruption agencies Agencies. (ACAs) agenda. Ms. Mariam Wangadya The Commonwealth Africa Anti-Corruption represented the Inspectorate of Centre (CAACC) organized a training Government at the training. for Heads of National Anti-Corruption
Ms Mariam Wangadya (R) with Heads of Anti- Corruption Agencies from Sierra Leone, South Africa and Botswana
Inspectorate of Government Report to Parliament July - December 2018 57 Heads of National Anti-Corruption Agencies who attended the training in Mauritius
IG Call Centre using similar systems to enhance the fight The Management of the Inspectorate of against corruption and maladministration. Government during the period established As a result, this will enable the IG set up a the need to set up a full time call center to call centre which will improve the services enable the public access the Inspectorate and thus the fight against corruption. services using a quick and cheap platform. The call center will also bridge the gap of The support of the Director General Mr interaction between the IG and its clients Athumani Diwani and staff of PCCB is who are the public. greatly appreciated and acknowledged.
The Inspectorate of Government staff visited the Prevention and Combatting Corruption Bureau of Tanzania to study and learn from them given that they are
58 Inspectorate of Government Report to Parliament July - December 2018 Chapter Seven CHALLENGES, RECOMMENDATIONS AND FUTURE PLANS
7.1 Challenges funding to the IG. We are also grateful to all our Development Partners and Agencies Over the years, Uganda has made significant that have come to our aid to supplement achievement in the fight against corruption. Government resources to enable us fight It has established comprehensive legal, corruption, administrative injustice and administrative and institutional framework enforcement of the Leadership Code Act. to fight corruption. In spite of these, The IG is especially grateful to the Danish corruption has continued to be a major International Development Agency (DANIDA), concern for the people of Uganda and the DFID, European Union (EU), UNDP and GIZ various stakeholders. Corruption is a major for their continued support to its operations. obstacle to the enforcement of laws and The IG is also grateful to the World Bank for to the development of modern societies. the support towards monitoring strategic Eliminating and combating this scourge development programmes. therefore requires concerted efforts of all parties including the public and private 7.2 Future Plans sector. In the near future, the IG has proposed measures to investigate and prosecute cases In the forthcoming year, the IG will use the of corruption, enforce leadership Code of budgetary provisions to produce the outputs Conduct, investigate maladministration and listed below: injustices and create public awareness. (i) Investigating and prosecuting cases However, our capacity to fight corruption is of grand/high profile/syndicated and constrained by inadequate human, financial other corruption, establishing and and other resources. The existing strength of implementing an improved complaints technical staff does not match the growing management system which will enhance workload arising from the increased number the IG capacity to efficiently and effectively of corruption cases reported. Furthermore, investigate and prosecute corruption there are inadequate skills among staff in cases and strengthening mechanisms addition to the need to purchase specialized to detect and prevent corruption in an equipment to facilitate forensic and computer equitable manner. aided investigations. The above initiative will be achieved through: Despite the above challenges, the Inspectorate of Government is committed (i) Investigating 12 high profile and 683 to ensuring that corruption is fought at all other corruption complaints in Local and levels of government in an equitable manner Central Governments; (ii) Prosecuting 50 which is in line with our broad mandate of corruption cases 12 of which will be high promoting good governance. I wish to re- profile in nature; (iii) Recovering at least emphasize that the fight against corruption 50% of funds recommended for recovery cannot be solely achieved by the IG without during investigations, (iv) conducting the contribution of other stakeholders. We specialised training and (vii) Following-up therefore commend government for the all (100%) recommendations made. efforts made over the past years to increase
Inspectorate of Government Report to Parliament July - December 2018 59 (ii) Investigating maladministration and Development Programmes. injustice in public office, enhancing the capacity of MDALGs to identify and This will be done through training at least resolve underlying drivers of complaints at 10,000 community members, providing source and using the systems approach mentorship to the trained groups to ensure to proactively identify and address high at least50% functionality rate, resolve at risk areas in governance. least 80% of the project implementation grievances within 3 month of registration, This will be achieved through carrying inspect 2240 development projects and out 8 systemic interventions; supporting/ ensure that at least 75% of the project funds reactivating 10 MDALGs setup or reactivate are accounted for timely. internal inspectorates to resolve ombudsman complaints at source, resolving 30% of (vi) Strengthen Internal Capacity to build an ombudsman complaints using Alternative Ethical & Performance Driven Culture in Dispute Resolutions (ADR), conducting 150 IG. ombudsman investigations and following up on 75% of the recommendations. This will be achieved by conducting team building events, mentorship sessions and (iii) Increasing compliance with Leadership supervision and management trainings Code Act by improving capacity to as well as implementing the new IG staff verify declarations, increase capacity to appraisal system. investigate and prosecute breaches of the Code and rolling out E-system (IG- (vii) Strengthen organizational effectiveness ODS) for declarations. and efficiency
Under this the IG will focus on verifying By aligning strategy, resources, processes 300 declarations submitted by leadersand and infrastructure through implementing investigate 25 cases of breaches of the the recommendations of Organizational Leadership Code Act. Development Assessment, participatory planning, budgeting and prioritizing (iv) Strengthen IG’s brand and its public resources towards the achievement of the education, training and awareness IG mandate. interventions to enlist public support for preventing and combating corruption. 7.3 Emerging Issues This will be done through conducting 24 sensitization programmes, establishing a) Mainstreaming Transparency, 24 partnerships/collaboration networks, Accountability and Anti-Corruption increasing cooperation with 4 other Institutions in Development Programmes. The and 4 Non State Actors and enhancing Inspectorate of Government implemented participation of the citizens in combating this programme which involved corruption through implementation of the facilitating greater participation of citizens IG Citizen Engagement Framework. under NUSAF 2. This led to increased transparency, accountability and timely (v) Increase Monitoring and Inspection implementation, reduced wastages, of development programmes by less abuse of public resources and undertaking continuous Monitoring/ improved service delivery. The successes inspection of major Government registered in NUSAF 2 resulted in a high
60 Inspectorate of Government Report to Parliament July - December 2018 demand for use of this approach by both prepare a bill upon which the proposed government and development partners. proceeds of crime law shall be based. As a result it was incorporated in the The IG therefore requests Parliament to design of NUSAF 3 and rolled out to the support this initiative and the proposed GoU Youth Livelihood Project and other bill. development projects namely USMID, DRDIP and PRLRP. In addition, the OPM d) The Leadership Code Act 2002 (in Section in FY 2017/18 made a resolution to rollout 4 thereof) as amended removed the TAAC to all government programmes. requirement by leaders to declare wealth The IG is therefore requesting Parliament of their spouses and children/dependents. to support the mainstreaming of TAAC in Thus, illicitly acquired assets can be all development programmes. conveniently registered in the names of spouses, children or dependents of the b) Implementation of Organizational leaders without question. Furthermore, Development Assessment some important breaches were removed Recommendations. Last financial although the penalties corresponding year the IG concluded an ODA exercise to those breaches were left in the law. which was carried out to make the The major breaches set out in Section Institution more effective, efficient and 4(7) and (8) of the Principal Act were responsive. The major recommendations removed. In addition the Tribunal’s to be approved by both the IG Board and powers under the Act with regard to Management are: disciplinary actions against leaders who have breached the Code are limited to (i) a new structure and its salary; making recommendations to authorized (ii) performance management persons. This means enforcement of framework and disciplinary sanctions against leaders (iii) competence framework. who have breached the Code will depend on the willingness and cooperation of The new structure proposes an increase other agencies. These inconsistencies in staffing from the current 426 to 537 will render the enforcement of the employees and corresponding wage Leadership Code by the IG problematic. increase from UGX 21.170 Billion to UGX 40.403 Billion. The IG intends to implement the new structure in a phased manner in the next 3 financial years. However, funding has not been secured for the first phase to the tune of UGX 10 Billion. c) The current asset recovery laws are inadequate in addressing asset recovery because they lack legal provisions on civil asset recovery; they lack specific procedure to follow on recovery of proceeds of crime and there is no specific provision or time frame within which to pay or realise the illicitly acquired assets among others. The IG is working with Directorate of Ethics and Integrity (DEI) to
Inspectorate of Government Report to Parliament July - December 2018 61 62 Inspectorate of Government Report to Parliament July - December 2018 PICTORIAL Anti- Corruption Campaign 2018
Inspectorate of Government Report to Parliament July - December 2018 63 Launching the Anti- Corruption Campaign 2018
64 Inspectorate of Government Report to Parliament July - December 2018 H.E President Yoweri Kaguta Museveni endorsing the strategy in engaging the citizens in the fight against corruption.
Inspectorate of Government Report to Parliament July - December 2018 65 Engaging the Public through boardroom sessions
66 Inspectorate of Government Report to Parliament July - December 2018 Engaging the Public through boardroom sessions and the Media
Inspectorate of Government Report to Parliament July - December 2018 67 Using different channels to educate the public
68 Inspectorate of Government Report to Parliament July - December 2018 Guiding the public on how to report corruption
Inspectorate of Government Report to Parliament July - December 2018 69 Engaging the Public through Barazas
70 Inspectorate of Government Report to Parliament July - December 2018 Using the electronic media to reach the public
Inspectorate of Government Report to Parliament July - December 2018 71 APPENDICES
72 Inspectorate of Government Report to Parliament July - December 2018 APPENDIX A
STATISTICS JULY – DECEMBER 2018
Inspectorate of Government Report to Parliament July - December 2018 73 Investigations workload July – December 2018
The Inspectorate of Government had a workload of 5,542 investigations during the period. A total of 4,207 complaints were brought forward from the previous period and 1,115 were new complaints while 120 files for leaders’ declarations of assets and liabilities were initiated for verifications. A total of 98 cases were initiated as a result of reviewing audit reports from the Auditor General’s office. The figure below illustrates how the workload was handled during the reporting period.
Figure 9: Work load for the period July – December 2018
74 Inspectorate of Government Report to Parliament July - December 2018 Figure 10: Comparison of Investigations for the Periods January – June 2018 and July – December 2018
The diagram above shows that the total number of complaints which were investigated and completed increased from 860 complaints during the period January – June 2018 to 905 during the period July – December 2018 which is an increase of 5.2% of the complaints investigated and completed. The number of cases in progress reduced from 4620 to 3834 due to increased disposal of backlog cases which were 413 during the reporting period.
Inspectorate of Government Report to Parliament July - December 2018 75 Table IV: Number of Complaints Registered by the Inspectorate of Government Offices July – December 2018
Office Number of complaints Percentage
Kampala Headquarters 534 47.9% Fort Portal 60 5.4% Jinja 60 5.4% Soroti 56 5.0% Arua 46 4.1% Moyo 42 3.8% Lira 40 3.6% Gulu 38 3.4% Masaka 38 3.4% Mbale 32 2.9% Hoima 32 2.9% Tororo 30 2.7% Moroto 30 2.7% Mbarara 29 2.6% Mukono 25 2.2% Kabale 17 1.5% Kampala RO 6 0.5% Total 1,115 100.0%
As indicated in the above table, most of the complaints were registered at Kampala Headquarters and the least complaints were registered at Kabale and Kampala Regional Offices.
76 Inspectorate of Government Report to Parliament July - December 2018 Table V: The Nature of complaints registered during the period July – December 2018
Nature of complaint Number of complaints Percentage Corruption Complaints Abuse of office 170 15.2% Forgery 46 4.1% Embezzlement 72 6.5% Bribery 23 2.1% Misappropriation 55 4.9% Conflict of interest 25 2.2% Corruption 120 10.8% False Claims 21 1.9% Audit Queries 64 5.7% Extortion 9 0.8% Influence peddling 7 0.6% Causing Financial Loss 18 1.6% False Accounting 1 0.1% Inspections 21 1.9% Nepotism/irregular recruitment 14 1.3% others 35 3.1% Sub Total 701 62.9% Ombudsman Complaints Mismanagement 73 6.5% Nonpayment of salaries and other benefits 126 11.3% Property Disputes 32 2.9% Tenders & Contracts 24 2.2% Delay of service delivery 44 3.9% Victimization 24 2.2% Irregular recruitments 18 1.6% Tax Evasion 1 0.1% Others 57 5.1% Sub Total 399 35.8% Leadership code complaints Amassing wealth 7 0.6% Failure to declare 8 0.7% Sub Total 15 1.3% Total 1,115 100.0%
Inspectorate of Government Report to Parliament July - December 2018 77 Figure 11: Trend of the complaints Registered at Kampala Headquarters and Regional Offices for the years 2005 – 2018
As seen from the above graph, the lowest number of complaints were registered in 2006 (1562) but since then there has been an upward trend of complaints registered especially those that are registered at Regional Offices.
78 Inspectorate of Government Report to Parliament July - December 2018 Table VI: Ranking of districts according to complaints received for the period July – December 2018
S/N District Number of complaints Percentage 1. Kampala 175 15.7% 2. Wakiso 55 4.9% 3. Arua 32 2.9% 4. Jinja 32 2.9% 5. Bundibugyo 27 2.4% 6. Mbale 27 2.4% 7. Moyo 22 2.0% 8. Moroto 21 1.9% 9. Soroti 21 1.9% 10. Kasese 19 1.7% 11. Mukono 19 1.7% 12. Masaka 17 1.5% 13. Lira 16 1.4% 14. Mbarara 15 1.3% 15. Nakasongola 14 1.3% 16. Nebbi 14 1.3% 17. Ntungamo 14 1.3% 18. Adjumani 12 1.1% 19. Gulu 12 1.1% 20. Iganga 12 1.1% 21. Lwengo 12 1.1% 22. Kabale 11 1.0% 23. Kabarole 11 1.0% 24. Mubende 11 1.0% 25. Tororo 11 1.0% 26. Zombo 11 1.0% 27. Amolatar 10 0.9% 28. Kamuli 10 0.9% 29. Katakwi 10 0.9% 30. Mayuge 10 0.9%
Inspectorate of Government Report to Parliament July - December 2018 79 S/N District Number of complaints Percentage 31. Amuria 9 0.8% 32. Kamwenge 9 0.8% 33. Kole 9 0.8% 34. Lamwo 9 0.8% 35. Mpigi 9 0.8% 36. Namisindwa 9 0.8% 37. Amuru 8 0.7% 38. Buikwe 8 0.7% 39. Kapchorwa 8 0.7% 40. Kyegegwa 8 0.7% 41. Luwero 8 0.7% 42. Manafwa 8 0.7% 43. Serere 8 0.7% 44. Sironko 8 0.7% 45. Yumbe 8 0.7% 46. Budaka 7 0.6% 47. Buliisa 7 0.6% 48. Busia 7 0.6% 49. Kagadi 7 0.6% 50. Kibaale 7 0.6% 51. Kiboga 7 0.6% 52. Kisoro 7 0.6% 53. Kumi 7 0.6% 54. Masindi 7 0.6% 55. Nwoya 7 0.6% 56. Pader 7 0.6% 57. Pallisa 7 0.6% 58. Bududa 6 0.5% 59. Bushenyi 6 0.5% 60. Dokolo 6 0.5% 61. Kanungu 6 0.5% 62. Koboko 6 0.5%
80 Inspectorate of Government Report to Parliament July - December 2018 S/N District Number of complaints Percentage 63. Kyankwanzi 6 0.5% 64. Maracha 6 0.5% 65. Mityana 6 0.5% 66. Nakapiripirit 6 0.5% 67. Ngora 6 0.5% 68. Rakai 6 0.5% 69. Apac 5 0.4% 70. Buyende 5 0.4% 71. Hoima 5 0.4% 72. Isingiro 5 0.4% 73. Kiruhura 5 0.4% 74. Kyenjojo 5 0.4% 75. Kyotera 5 0.4% 76. Luuka 5 0.4% 77. Omoro 5 0.4% 78. Rubanda 5 0.4% 79. Others 5 0.4% 80. Abim 4 0.4% 81. Amudat 4 0.4% 82. Bukedea 4 0.4% 83. Butaleja 4 0.4% 84. Buvuma 4 0.4% 85. Kayunga 4 0.4% 86. Kitgum 4 0.4% 87. Oyam 4 0.4% 88. Rukungiri 4 0.4% 89. Sembabule 4 0.4% 90. Bugiri 3 0.3% 91. Bukwo 3 0.3% 92. Butambala 3 0.3% 93. Bunyagabu 3 0.3% 94. Ibanda 3 0.3%
Inspectorate of Government Report to Parliament July - December 2018 81 S/N District Number of complaints Percentage 95. Kaberamaido 3 0.3% 96. Kaliro 3 0.3% 97. Kiryandongo 3 0.3% 98. Mitoma 3 0.3% 99. Nakaseke 3 0.3% 100. Not given 3 0.3% 101. Otuke 3 0.3% 102. Sheema 3 0.3% 103. Bulambuli 2 0.2% 104. Kaabong 2 0.2% 105. Kotido 2 0.2% 106. Lyantonde 2 0.2% 107. Rukiga 2 0.2% 108. Agago 1 0.1% 109. Alebtong 1 0.1% 110. Bukomansimbi 1 0.1% 111. Gomba 1 0.1% 112. Kakumiro 1 0.1% 113. Kalangala 1 0.1% 114. Kalungu 1 0.1% 115. Kibuku 1 0.1% 116. Kween 1 0.1% 117. Namutumba 1 0.1% 118. Ntoroko 1 0.1% 119. Rubirizi 1 0.1% Total 1,115 100.0%
82 Inspectorate of Government Report to Parliament July - December 2018 Table VII: The Nature of complaints Investigated and completed during the period July – December 2018
Nature of complaint Number of complaints Percentage Corruption Complaints Abuse of office 163 18.0% Embezzlement 63 7.0% Corruption 62 6.9% Audit Queries 62 6.9% Misappropriation 61 6.7% Forgery and uttering of false documents 38 4.2% False Claims 21 2.3% Causing financial loss 21 2.3% Nepotism/irregular recruitment 16 1.8% Bribery 14 1.5% Conflict of interest 10 1.1% Extortion 9 1.0% Diversion of resources 3 0.3% Sub Total 543 60.0% Ombudsman Complaints Non payment of salaries and other benefits 104 11.5% Mismanagement 98 10.8% Property Disputes 44 4.9% Victimization/ Oppression 31 3.4% Delay of service delivery 21 2.3% Tenders & Contracts 15 1.7% Irregular appointments & employment disputes 10 1.1% Others 30 3.3% Sub Total 353 39.0% Leadership Code complaints Amassing wealth 9 1.0% Failure to declare 0 0.0% Sub Total 9 1.0% Total 905 100.0%
Inspectorate of Government Report to Parliament July - December 2018 83 As indicated in the table above of the corruption complaints, abuse of office and embezzlement of public funds were the highest number of the complaints investigated and completed by the Inspectorate of Government. During the period July – December 2018 abuse of office accounted for 18.0% of the total number of complaints investigated and completed embezzlement accounted for 7.0% of the total number of complaints investigated and completed.
Of the ombudsman’s complaints, nonpayment of salaries & other benefits and mismanagement of public resources comprised majority of the complaints that were investigated and completed accounting for 11.5% and 10.8% respectively.
84 Inspectorate of Government Report to Parliament July - December 2018 Table VIII: MDAs/Institutions complained against during the period July – December 2018
Number of Complaints Kampala Regional SN Department Headquarters Offices Total Percentage 1. District Administration 158 208 347 31.1% 2. Individuals (Public officials) 10 150 160 14.3% 3. Schools (Primary & Secondary ) 15 44 59 5.3% 4. Uganda Police 29 24 53 4.8% 5. Municipal & Town Councils 4 39 43 3.9% 6. Universities and Tertiary Institutions 17 9 26 2.3% 7. District Service Commissions 1 24 25 2.2% 8. Lands Office 16 5 21 1.9% 9. Sub county Administration 2 18 20 1.8% 10. Colleges/institutes 15 0 15 1.3% 11. Ministry of Education 15 0 15 1.3% 12. UNRA 8 6 14 1.3% 13. Hospitals & Health Centers 5 7 12 1.1% 14. Private companies /Organizations 2 8 10 0.9% 15. Magistrate Courts 3 5 8 0.7% 16. Judiciary 7 0 7 0.6% 17. Ministry of Defence 7 0 7 0.6% Ministry of Finance, Planning and 18. 7 0 7 0.6% Economic Development 19. Ministry of Lands 7 0 7 0.6% 20. Ministry of Public Service 6 1 7 0.6% 21. Public Service Commission 5 2 7 0.6% 22. KCCA 6 0 6 0.5% 23. Land Registrars 6 0 6 0.5% 24. Ministry of Internal Affairs 6 0 6 0.5% 25. Ministry of Water and Environment 5 1 6 0.5% 26. Immigration Department 5 0 5 0.4% 27. Ministry of Energy 5 0 5 0.4%
Inspectorate of Government Report to Parliament July - December 2018 85 Number of Complaints Kampala Regional SN Department Headquarters Offices Total Percentage 28. Ministry of Health 4 1 5 0.4% 29. NIRA 5 0 5 0.4% 30. NUSAF 2 3 5 0.4% 31. CAA 4 0 4 0.4% 32. District Land Boards 2 2 4 0.4% 33. DPP 3 1 4 0.4% 34. Education Service Commission 3 1 4 0.4% 35. Ministry of Housing 1 3 4 0.4% 36. UBC 4 0 4 0.4% 37. Company Registry 3 0 3 0.3% 38. DEI 3 0 3 0.3% 39. DEOs 3 0 3 0.3% 40. District Engineers 2 1 3 0.3% 41. Financial Institutions 5 0 5 0.5% 42. IG 3 0 3 0.3% 43. ISO & UPDF 3 0 3 0.3% 44. Land Board 3 0 3 0.3% 45. Ministry of Local Government 3 0 3 0.3% 46. MPs 3 0 3 0.3% 47. NSSF 3 0 3 0.3% 48. OPM 3 0 3 0.3% 49. Parliament 3 0 3 0.3% 50. RDCs 3 0 3 0.3% 51. Administrator General 2 0 2 0.2% 52. Attorney General 2 0 2 0.2% 53. Churches 2 0 2 0.2% 54. DISO/GISO 2 0 2 0.2% 55. Electoral Commission 2 0 2 0.2% 56. Inspector of Schools 2 0 2 0.2%
86 Inspectorate of Government Report to Parliament July - December 2018 Number of Complaints Kampala Regional SN Department Headquarters Offices Total Percentage 57. Judicial Service Commission 2 0 2 0.2% 58. Labour Office 2 0 2 0.2% 59. LCs 0 2 2 0.2% 60. Ministry of Agriculture 2 0 2 0.2% 61. Ministry of Foreign Affairs 2 0 2 0.2% 62. NARO 2 0 2 0.2% 63. NDA 2 0 2 0.2% 64. NFA 2 0 2 0.2% 65. NPA 2 0 2 0.2% 66. Operation Wealth Creation 2 0 2 0.2% 67. PPDA 2 0 2 0.2% 68. President’s office 2 0 2 0.2% 69. Prisons 1 1 2 0.2% 70. Uganda Registration Services Bureau 2 0 2 0.2% 71. Uganda Road Refund 2 0 2 0.2% 72. Uganda Rural Electrification Agency 1 1 2 0.2% 73. UWA 2 0 2 0.2% 74. Auditor General 1 0 1 0.1% 75. Chief Gov’t Valuer 1 0 1 0.1% 76. District Surveyors 1 0 1 0.1% 77. Health Service Commission 1 0 1 0.1% 78. Insurance Regulatory Authority 1 0 1 0.1% 79. Joint Medical Stores 1 0 1 0.1% 80. Micro Finance Support Centre 1 0 1 0.1% 81. Ministry of Disaster Preparedness 1 0 1 0.1% 82. Ministry of Gender 1 0 1 0.1% 83. Ministry of Information 1 0 1 0.1% 84. Ministry of Trade 1 0 1 0.1% 85. Ministry of Works 1 0 1 0.1%
Inspectorate of Government Report to Parliament July - December 2018 87 Number of Complaints Kampala Regional SN Department Headquarters Offices Total Percentage 86. National Council of Sports 1 0 1 0.1% 87. National oil company 1 0 1 0.1% 88. NEMA 1 0 1 0.1% 89. NGOs 1 0 1 0.1% 90. NWSC 1 0 1 0.1% 91. Parish Chiefs 1 0 1 0.1% 92. State House 1 0 1 0.1% 93. UBOS 1 0 1 0.1% 94. Uganda Communication Commission 1 0 1 0.1% Uganda National Council for 95. 1 0 1 0.1% Science & Technology
96. UMEME 1 0 1 0.1% 97. UNEB 1 0 1 0.1% 98. URA 1 0 1 0.1% 99. UWEC 1 0 1 0.1% 100. Others (e.g audit queries) 42 14 56 5.0% Total 534 581 1,115 100.0%
88 Inspectorate of Government Report to Parliament July - December 2018 APPENDIX B
SAMPLE CORRUPTION CASES INVESTIGATED
Inspectorate of Government Report to Parliament July - December 2018 89 Table IX: Sample of corruption cases investigated and completed during the period July – December 2018
S/N Ref. Number Subject Matter Recommendations
PPDA to take administrative action against M/s. Azu Alleged fraud, forgery of properties Ltd, M/s. Net world (U) 1. HQT/18/08/2016 documents, tax evasion and Ltd, M/s. Dove Logistics (U) Ltd , corruption in CAIIP- MOLG M/s. Trace Mark (U) Ltd and M/s. KLUB-3 Investment Ltd.
Alleged forged IG letter Re- 2. HQT/42/05/2017 instating Echongu William Convicted on 20/4/2018 Into UWA employment
Alleged corruption and mismanagement of funds The concerned officer paid the in the ministry of Local 3. HQT/15/10/2015 outstanding bills for the air ticket Government (The case of air (US 37,759) tickets from M/s Bunyonyi Safaris)
Prof. John Okedi former chairman Alleged conflict of interest Kyambogo University and 7 4. HQT/85/11/2012 Uganda Vs Pof. John Okedi others were prosecuted for and 7 others. conflict of interest. The case was withdrawn by IGG on 30/03/2017
Alleged corruption and mismanagement of Mr. Paul Okot Okello was directed Ugx.206,992,500/= by to refund Ugx.25,423,000/= and 5. HQT/88/12/2017 Mr. Paul Okot Okello, appropriate disciplinary action Commissioner , District be taken by the Public Service Administration in the Ministry Commission. of Local Government.
There was no evidence that Mr. Alleged abuse of office, Turyahikayo altered payment causing financial loss and terms of the contract with Real 6. HQT/72/7/2017 breach of PPDA laws and Marketing Ltd. He delayed to regulations by the Executive appoint a contract manager Director REA resulting in potential financial loss of Ugx. 779,232,780/=
Alleged corruption at the A refund of Ugx.16,290,596 to be 7. HQT/1/3/2017 Ministry of Health. made by the responsible officers.
90 Inspectorate of Government Report to Parliament July - December 2018 The local contract staffs were Alleged irregular recruitment irregularly offered appointments of local contract staff by as they lacked the required 8. HQT/15/12/2017 Ministry of Education and qualifications for the posts they Sports. held. Their contracts not to be renewed.
Alleged non-recovery of Ugx.1,768,816,000/= UNRA required registering 9. HQT/34/4/2016 worth of facilities during registerable assets in its name rehabilitation of Luwero Kafu and maintaining asset register. road.
Alleged abuse of office by Kyambogo University 10. HQT/CO/199/2018 Secretary, Mr. Charles Submitted for Prosecution Okello.
• Entities concerned directed Alleged irregularities in the to refund unaccounted for management of the Health monies. 11. HQT/15/10/2016 Delivery System under PNFP • Ministry of Health to put in program. place stringent measures for accountability.
Alleged irregular procurement of M/s MOTT The investigation found no MacDonald by UNRA for fundamental difference between additional RAP preparation the original contract and the 12. HQT/119/08/2016 and implementation addendums. The services that including land expropriation were extended through the three and tithing services on the addendums were already part of new Kampala-Entebbe the original contract. Expressway
Sent to PPDA to blacklist M/s Alleged mismanagement of MALT Electrical Engineering power line relocation along 13. HQT/10/10/2016 Company Ltd for submitting Ntungamo- Mirama Hills forged documents on request for Road by REA officials. payments.
Inspectorate of Government Report to Parliament July - December 2018 91 The investigations established that goods worth USD 148,500 purchased by KCCA in 2009 could not be accounted for Alleged abuse of office by 14. HQT/37/11/2013 and verified due to passage of Ministry of Finance officials. time (8 years) and liability to do investigations in china. Case can be reopened if new information is obtained.
Alleged corruption at the PS- MAAIF instructed to ensure Ministry of Agriculture, registration/Lease of the 66 Plots 15. HQT/24/12/2015 Animal Industry and of land it purchased in Kalangala Fisheries. for vegetable Oil Development.
Alleged irregular payment Directorate of Geological Survey 16. HQT/74/06/2017 of public funds to M/s Welt and Mapping to improve its Machinen Engineering Ltd. methods of operation.
Alleged mismanagement Mr. Amanyire Ronald submitted of contract between of Public Service Commission Government of Uganda 17. HQT/32/08/2017 for disciplinary action for breach and SGS by Mr. Amanyire of the Uganda Public Service Ronald – member of Standing Orders. contract Management team.
This office was only required to Alleged defrauding of OMNI provide information to FBI which 18. HQT/43/11/2017 Industries Ltd by some would help it in its investigations. individuals. The information was provided to FBI as requested.
The PS-MOFA should develop a clear system and policy for Alleged abuse of office by 19. HQT/44/02/2016 management of fuel and stop some officials from MOFA staff from using fuel cards to draw cash from fuel stations.
92 Inspectorate of Government Report to Parliament July - December 2018 • UNHCR was advised to further investigate the various issues raised in the report in respect of its Implementing Partner DRC as regards its management and supervision of the construction of Iraji Bridge in line with its Partnership Agreement with DRC. Alleged mismanagement • Investigations against Office of of refugee funds in Uganda the Prime Minister (OPM) were 20. HQT/59/07/2018 closed since neither OPM (construction of IRAJI Bridge nor Adjumani District Local at UGx.1.5Billion. Government received funds for the project or participated in the contract management and supervision. • OPM Adjumani Desk Office and DRC to consider clearing the classroom in Lewa Primary School for the school to put the room to its intended purpose.
PS- Ministry of lands to develop policy that regulates use of special value in property valuation. Alleged irregularities in the 21. HQT/75/07/2018 procurement of Land at PS- OPM to submit Bafaki OPM. Charles, Twesigye Stephen and Katenga John to Public Service Commission for appropriate disciplinary action.
Mr. Justin Aboki, Transport Officer to refund Ugx.3,430,430/= Alleged financial loss of advanced to him in July for 22. HQT/55/12/2017 Ugx.1.1Billion by the officials transportation of examinations of Kyambogo University. materials but did not account for the funds.
Alleged over payment of funds and causing financial 23. HQT/124/08/2016 File closed due lack of evidence. loss of Government by UNRA officials
Alleged irregular PPDA granted UNRA authority 24. HQT/120/8/2016 procurement of office space to directly procure M/s. Rhino by UNRA officials. Investments Ltd.
Inspectorate of Government Report to Parliament July - December 2018 93 Alleged abuse of office No evidence was adduced and mismanagement of to confirm the alleged 25. HQT/63/06/2017 funds at the Directorate of embezzlement of funds through Community Service, Ministry the volunteers Bank accounts. of Internal Affairs.
Refund of Ugx.9,147,000/= to be made on IG Asset Recovery Alleged irregular expenditure account due to lack of proper of Ugx.1.7Billion by officials 26. HQT/16/12/2017 accountability and disciplinary Ministry of Education and action to be taken by Public Sports. Service Commission on the responsible officer.
All the recommendations above have been implemented
94 Inspectorate of Government Report to Parliament July - December 2018 APPENDIX C
ARRESTS
Inspectorate of Government Report to Parliament July - December 2018 95 Table X: Arrests Effected
Date Of S/N Particulars Of Suspect Offence(S) Complaint No. Arrest No 34483 Cpl Maxwell Corruption C/S 2 (a) 1 Ocen OC CID Aleptong LIR/02/03/2017 16/07/18 and 26 of the ACA District
Mr. Opio Robert, Ag. 20/07/18 Commissioner Land Disobedience of 2 Registration Ministry of Lawful Orders HQT/34/5/2018 Lands, Housing and Urban (witness summons) Registration
Mr. David Omika & Ms. Abuse of Office & 3 Pauline Polly Achloa S/C HQT/106/07/2017 5/9/2018 Forgery Chief Kole District
Mr. Charles Gordon Abuse Of Office Muwonge Sub-County 4 &Causing Financial HQT/81/6/2012 6/11/18 Chief- Kapeeka Sub- Loss County Nakaseke District
Mr. Moses Kyambadde Abuse of Office & Sub-Accountant Kapeeka 5 Causing Financial HQT/81/6/2012 6/11/18 Sub-County Nakaseke Loss District
96 Inspectorate of Government Report to Parliament July - December 2018 APPENDIX D
PROSECUTIONS
Inspectorate of Government Report to Parliament July - December 2018 97 Table XI: Concluded cases during the period July to December 2018
Court Reference Offence S/N Name of Accused Outcome Number Committed A1. Hon Eng. A1,A2,A3 and A6 Abraham James acquitted on all Byandala counts A2 Eng. Berunado Ssebbugga Kimeze A4,A5 and A7 were A3 Joe Ssemugooma Abuse of office, convicted A4 Marvin Baryaruha Causing Financial A4and A7 for Abuse A5 Apollo Senkeeto loss, Theft, of office, neglect A6 Mugote Isaac, Disobedience of duty, A5 was Minister without of lawful orders, convicted of Theft HCT-00-AC- Portfolio, former Ag. Corruption, of 24 billion, uttering CO-12/2015 1. Executive Director, Uttering false false documents and Uganda National documents obtaining execution Roads Authority and obtaining of security by false (UNRA), execution of a pretence. They Former Ag. Director security by false were sentenced to Finance and pretence. imprisonment for 5 Administration(UNRA), years (For A3),10 Former Legal Counsel years (For A5) and 5 (UNRA), Businessman years (for A7) and Former Banker, NB: No order was Housing Finance made for refund. Bank respectively.
A1 and A2 were A1 Moses Papa convicted on charges is Project Finance of False accounting Officer, OPM, Arua and Causing financial DLG loss A2 John Alinaitwe, A3 was convicted on Senior Settlement 1. False charges of Causing Commandant, accounting by financial loss and A4 Refugee Desk Office a public official was acquitted. A1 HCT‐00‐AC‐ OPM, Arua DLG 2. Causing and A2 were each SC‐0003‐2017/ financial loss sentenced to a fine 2. A3 Safina Nannono, ACD No. 121/2016 3. Abuse of of UGX 1,440,000/= Program Officer, office on Count 1, A1, A2 Accounts Department 4. Embezzlement and A3 were each of Refugees, UNHCR and sentenced to a fine Project, OPM 5. Corruption of UGX 7,320,000/= Kampala for Causing Financial A4 Aziku Patrick, Loss or 3 years Assistant Settlement imprisonment in lieu. Commandant, OPM, A3 in addition was Kampala ordered to refund UGX 100 million.
98 Inspectorate of Government Report to Parliament July - December 2018 Jane Mpeirwe, Soliciting Principal Inspectorate ACD High Court and receiving Officer, Inspectorate Criminal Appeal No. gratification, Convicted on Appeal 3. of Government, Arthur 1/2018 Abuse of office and sentenced to Mpeirwe Advocate and Aiding fines. and Kaguta former and abating RDC. Corruption.
Convicted and sentenced to 2 years imprisonment or Causing fine of 4 million on Mawanda Dunstan, HCT-00-AC-CO- Financial loss, count I, ordered to Senior Commercial 4. 143/2014 Embezzlement compensate Njeru Officer, Njeru Town and Abuse of Town Council with Council. Office the UGX 26 million and ordered not to hold any public office for 10 years.
Sendagi Fabian and Pleaded guilty, W/CPL No. 20817 Corruptly was convicted Mutesi Beatrice, HCT‐00‐AC‐SC‐ soliciting for and sentenced to Process server in the 5. 0053‐2017 and receiving a fine of 1 million Judiciary attached gratification and on each count or to Nakawa Court abuse of office. imprisonment for 8 and Police Officer months. respectively.
Pleaded guilty to counts 4 and 5 HCT-00-AC-CO- Abuse of Ductoor Fatwinah, office, Forgery, for uttering forged 6. Assistant Town Clerk, documentsand 53/2018 Uttering forged Magamaga Town documents sentenced to a fine Council, Mayuge DLG of UGX 500,000/= on Total of 5 counts each count and other charges withdrawn.
Senyonjo Noah ACD-Cr Appeal Corruptly Conviction upheld by 7. Nakiwafu, Senior No. 5/2018 soliciting for High Court. Lands Management and receiving Officer, Buikwe gratification
Inspectorate of Government Report to Parliament July - December 2018 99 A2 pleaded guilty and was sentenced A1 Adeka Judith Abuse of Office to a fine of UGX Margaret, former Corruption, 1,440,000/= or 12 Human Resource monthsimprisonment Officer, Ministry of HCT-00-AC- Conspiracy to in lieu. She was 8. Gender Labour and CO-66/2017 Defraud, Aiding further ordered Social Development and Abetting to refund Fraud, Theft and A2 Annet Adero, UGX14,537,244/= Personation Teacher in Lira to the estate of the District. late Akuma Kelili. This money has already been recovered. Concluded through plea bargain. He False pleaded guilty to HCT-00-AC-CO- accounting, counts of False Peter Okema Oryem, Accounting and 9. Embezzlement District Water Officer, 0031/2018 and Embezzlement, Kitgum. refunded money Abuse of Office. (UGX 11,656,000/=) and count of Abuse of Office was withdrawn. The Appellant Obore George Alfred, Embezzlement, withdrew Appeal 10. Okallany Samuel and COA Appeal No. Abuse of Office against Conviction. Opolot Phillip 308/2015 and Causing Conviction upheld Gonzaga Financial Loss. by court. File sent to HARU for recovery. Pleaded guilty on charges of Emebezzlement Abel Katalibara and sentenced to fine of 1.5million and Businge Sirwano or 12 months Justus, Sub-county HCT-00-AC-CO- Embezzlement, imprisonmemt 11. Chief and Accounts 62/2018 Abuse of office for each accused Assistant, Kisuba personand further Sub-County, ordered to refund Bundibugyo UGX 5,900,000/= (New) which was embezzled, charges withdrawn on other counts.
Gawaya Andrew, Corruption, Court of Appeal 12. Resident State Criminal Appeal Solicitation upheld conviction Attorney, Ibanda No. 221/2015 and receipt of and sentence of High ODPP. gratification. Court.
100 Inspectorate of Government Report to Parliament July - December 2018 Appeals filed by Inziku and Toko Aleni Inziku Paul, Aderubo were dismised for Vincent, Toko Aleni, Embezzlement, want of Prosecution. 13. former Town Clerk, COA-00-CR-CN Causing financial Stateordered to Arua, former CFO loss, Abuse of -79-2012 pursue refund from and former Accounts office. them. The Appeal Assistant respectively. filed by Aderubo is for judgement on Notice.
Appeals filed by Inziku and Toko Aleni Inziku Paul, Aderubo were dismised for Vincent, Toko Aleni, Embezzlement, want of Prosecution. 14. former Town Clerk, COA-00-CR- Causing financial State ordered to Arua, former CFO loss, Abuse of CN-79-2012 pursue refund from and former Accounts office. them. The Appeal Assistant respectively. filed by Aderubo is for judgement on Notice. Dismised for want COA-00-CR- Corruption, of Prosecution. 15. Oguta Bernard, State Solicitation and Appelant did not file CN-335-2015 Attorney receipt of Gratifi- MOA or appear in cation court.Conviction by lower court upheld. Supreme Court held that IG had powers to handle criminal Supreme Court matters as long 16. Sarah Kulata Criminal Appeal as the matter did Basangwa No. 003/2018 not interfere with civil case or matter underinvestigation is not a court decision. Kyenkya Joshua, Causing Human Resource Financial Loss, Officer HCT-00-AC- 17. CO-102/2017 Abuse of Office Aquitted, IG filed Galimaka Hosea, and Conspiracy appeal in the matter. Accountant to defraud Nakasongola District Local Government. Embezzlement, Wandera B. D and HCT-00-AC-CO- Causing 18. Opiding, former Financial Loss, Aquitted, IG filed 34/2014 Director Soroti Flying Abuse of Office appeal in the matter. School, Soroti and Diversion of public funds.
Inspectorate of Government Report to Parliament July - December 2018 101 Appeal was Betty Namboze withdrawn by IG on Bakileke, ground that the law 19. COA-00-CR- Law Enforcement Corruption had been amended Officer, CN-20-2004 and rich jurisdiction Mukono had been secured under the new law. Appeal was withdrawn by IG Patricia Ojangole, on ground that the offence of Conflict 20. Managing Director, COA-00-CR- Conflict of of Interest is now an Interest Uganda Development CN-693-2014 administrative breach Bank and any further prosecution would not yield much. Ssempebwa Samuel, Case withdrawn Senior Accounts 21. Conflict of Assistant, School ACD 0101/2017 Conflict of interest is Interest of Clinical Officers, now an administrative Kabarole District breach.
1. Moses Kisembo Bahemuka 2. Abdonson Paul Owino and Causing Financial Case against A2 22. 3. Meeme Tiko Kasifa HCT-00-AC-CO- loss and Abuse abated because he Deputy CAO 0004/2018 Mityana former of Office. died. Ag. CAO,CFO and Accounts Assistant Yumbe District Local Government
Elly Piwang & Abdonson Paul Owino Causing A1 CAO and A2 HCT-00-AC-CO- Financial loss, Case against A2 23. CFO, 0022/2016 False accounting abated because he Yumbe District Local and Uttering died Government False Documents (New) Withdrew charges Godfrey Kisira and against A1 because all efforts to trace 24. HCT-00-AC-CO- Embezzlement, Bob Muduse, Senior him were fruitless. Town Agent, Lugazi 0069-2018 Abuse of Office Hearing of case MC against A2 is ongoing.
102 Inspectorate of Government Report to Parliament July - December 2018 Withdrew charges against A1 because John Baptist Mubiru all efforts to trace 25. HCT-00-AC- Godfrey Kisira him were fruitless. CO-047/2018 Nalule Olivia Hearing of case against A1 is ongoing. A1 John Baptist Mubiru, Senior Assistant Abuse of Office, Corruption, Case settled out of 26. Town Clerk, Najjembe HCT-00-AC-CO Causing court in respect of division 047/2018 Financial Loss, A2. She refunded A2 Nalule Olivia, Embezzlement UGX 1,500,000/= Business Woman, and Theft Stegeo Development Association Alleged Case settled out Embezzlement of 27. of court. Mr Wejuli HQT/39/8/2016 UGX 48,000,000 has so far refunded million by Harold UGX 10,000,000/=. Wejuli Recovery of funds Alleged abuse from teachers and of office and 28. nurses who had HQT/78/9/2014 causing Financial irregularly been paid loss by Wakiso salaries amounting to district officials. UGX 2.3 billion. File split into two, Alleged abuse one case is for 29. of office and HQT/09/12/2016b prosecution and the causing Financial other for recovery of loss by MOES. UGX 28million.
Alleged causing of financial loss of UGX For recovery of 76,959,660 UGX 6,382,426/= 30. LIR/05/10/2017 meant for which investigations UPPET/APAL1 established was an Phase II activities excess payment. in Aloi SS in Alebtong District.
Alleged Non Account-ability for funds by For refund of 31. MOY/07/05/2016 Mr. Matua misappropriated Emmanuel, a funds former employee of Yumbe DLG.
Inspectorate of Government Report to Parliament July - December 2018 103 Table XII: Ongoing cases before courts of first instance as at 31St december 2018
S/N Name of Accused Court Reference Offence Committed A1 Mutabwire Patrick, Ag. Permanent Secretary, Ministry of Local Government A2 Wasolo Alfred, former Principal 1. Diversion of public Accountant, Ministry of Local resources Government. 2. Embezzlement A3 Ali Atabua, Senior Accountant, HCT-00-AC-CO 3. Abuse of office 1. Ministry of Local Government. 099/2017 4. Causing Financial A4 Turyahabwe Wilberforce, Principal Loss Systems Analyst, Ministry of Local Government. 5. False accounting A5 Wammwa Jackson, Senior 6. Corruption Systems Analyst, Ministry of Local Government. (New) 1. Giving false Hon Ntabazi Harriet information to the Bug Rd Cr Inspectorate of 2. Former Member of Parliament Case No 588/2018 Government. Bundibugyo. 2. Uttering a false document.
Bafirawala Elisha, Principal State Attorney, Attorney General`s 1. Abuse of office Chambers. HCT-00-AC-CO 3. Sebanja Abu Baker, Advocate of the 0068 2. Causing Financial High Court, Sebanja and Company Loss Advocates.
A1 Ngolobe Patrick Bugiri Criminal case A2 Namboze Lydia Conspiracy to defraud 4. A3 Wandera Diana Patience No. 078/2018 A5 Joshua Isiiko Mwene A6 Wanya Gerald
No. 40372 Cpl Sam Omara alias Buganda Road CR 1. Uttering False John Bosco Okii, Police Officer, Documents 5. Forensic Service Department, Case No. 2. Personation Uganda Police Force. 1147/2018
104 Inspectorate of Government Report to Parliament July - December 2018 1. Abuse of Office A1John Baptist Mubiru, Senior 2. Corruption Assistant Town Clerk, Najjembe 3. Causing Financial 6. HCT-00-AC-CO 47 division. Loss 4. Embezzlement 5. Theft
Cleophas Bagorogoza Sabiiti HCT-00-AC-CO 1. Causing Financial 7. and Leonard Twongyeirwe, Head 0027/2018 loss Teacher and Teacher, St. Leonard SS, 2. Neglect of duty Maddu, Gomba District
Ssebunya Denis, Tom Kwezi 1. Causing Financial and 2 ors, Chief Administrative HCT-00-AC-CO Loss 8. Officer, Koboko Accountant Mubende 2. Abuse of office DLG 0029/2018 3. Forgery Peasant Farmer
No. 30461 D/Sgt Ochayotoo 1. Corruption Soliciting HCT-00-AC-CO and receiving 9. Gerald Omona, O/C CIID Kalongo gratification 005/2018 Police Station 2. Abuse of office
Florence Nattu, Principal Human 1. Abuse of Office Resource Officer, Kayunga District HCT-00-AC-CO 2. Corruption 10. Robert Mubiru, former Senior 0048/2018 3. Causing Financial Assistant Secretary, Kayunga. Loss
1. Moses Kisembo Bahemuka 2. Abdonson Paul Owino and HCT-00-AC-CO Abuse of office, 11. 3. Meeme Tiko Kasifa Deputy CAO Mityana, former Ag. 0004/2018 Causing Financial loss CAO, CFO and Accounts Assistant, Yumbe District Local Government.
1. Embezzlement Kakonge Umar and 3 ors 2. Causing Financial Loss A1 Kakonge Umar, Senior Assistant Secretary, Buikwe DLG 3. False accounting by HCT-00-AC-CO a public official 12. A2 Nsubuga Collins, Senior Accounts Assistant, Buikwe DLG 102/2016 4. Uttering false documents A3 Nabwire Amina, Manager, Time Service Station, Lugazi. 5. Conspiracy to commit a misdemeanor
Inspectorate of Government Report to Parliament July - December 2018 105 1. Soliciting and No. 21199 D/DPC Amos Okiria Peter, HCT‐00‐AC‐ receiving gratification 13. Police detective of Kayonza Central SC‐0044 and Police Station, Kayunga District. 2. Abuse of office.
Anthony Vincent Opio, Senior HCT-00-AC-CO Abuse of Office and 14. Assistant Town Clerk, Gulu Municipal 005/2015 Forgery. Council.
HCT-00-AC-CO Soliciting and receiving 15. Butamanya Moses, Court Clerk. 0050/2015 Gratification.
1. Uttering forged Kansiime Resty, Police Officer in HCT-00-AC-CO documents. 16. charge of Mukono Police Station. 059/2015 2. Presenting false documents.
1. Receiving gratification Silas Okello, State Prosecutor, HCT-00-AC-CO 17. and Masindi 083/2015 2. Abuse of office
Rose Ochom, former CAO Kumi, Johnson Opolot, former Assistant 1. Abuse of office and CAO, Charles Okalebo, former HCT-00-AC-CO 18. Principal Accounts Assistant, Amos 0137/2014 2. Causing Financial Stanley Omongot, former Internal loss Auditor.
Namiiro Stella, Principal Land Officer, HCT-00-AC-CO Abuse of office and 19. Ministry of Lands. 0117/2015 Conflict of interest.
Francis Lokiru, Chairperson LCIII, Nakapiripirit Town council A2 Emmanuel Achuka, Health 1. Theft 20. Assistant, Nakapiripirit DLG MOR-CR-157/2018 2. Conspiracy to A3 Racheal Nangiro, Resident of Defraud Nakapiripirit Town Council (New)
A1 Sikuku Moses (Ranger of Uganda Wildlife Authority(UWA) A2 John Lapeyo (Armory Clerk of UWA) HCT-00-AC- Abuse of Office and 21. A3 Olinga Moses (Armory Clerk of CO0004/2016 Corruption UWA) A4 Prosper Wasike (Assistant Warden-UWA)
106 Inspectorate of Government Report to Parliament July - December 2018 1. Abuse of office Jimmy Patty Odera & Anor, District 2. Causing financial loss Engineer, Amuru district HCT‐00‐AC‐SC and 22. Robert Ojok, District Works 0006/2016 3. Issuing False Supervisor, Nwoya District. Certificate of Completion of Works
Geoffrey Kazinda, Principal HCT‐00‐AC‐SC 23. Illicit enrichment Accountant, Office of Prime Minister 0059/2016
1. Causing Financial Loss Elly Piwang & anor HCT‐00‐AC‐SC 24. 2. False Accounting and A1 CAO and A2 CFO 0022/2016 3. Uttering False Documents
Alex Katikiro HCT‐00‐AC‐SC 25. Abuse of office. District Lands Officer, Kasese 0033/2016
1. Embezzlement Harold Michael Wejuli 2. Diversion of Public HCT‐00‐AC‐SC 26. Resources and Chimulwa Wycliff, Town Clerk, 0115/2016 Kumi and Principal Accountant 3. Uttering False documents
A1. Murisho Shafi, Chairperson Area Land Committee, Jinja Central A2. KirondeGodfrey, Member-Area Land Committee, Jinja Central 1. Corruption A3. Sowale Abedi, Member-Area 2. Abuse of office Land Committee, Jinja Central 3. Uttering false A4. Sam S. Male M/A aged 70 documents years, Ag. Executive Secretary, HCT-00-AC-CO 27. 4. Influence peddling Departed Asians Property Custodian 00096/2016 Board Committee-Kampala 5. Obtaining registration by false pretenses A5. Nnume Edward M/a aged 35 years, Secretary-Jinja District Land 6. Conspiracy to Board defraud A6. Kalisa Kalangwa Moses alias, Nantambala Joyce, Businessman, Kayunga.
ASP Katwire Francis, Police Officer HCT-00-AC-CO Corruptly soliciting for 28. attached to Rwizi Regional Police 055/2015 gratification Headquarters, Mbarara.
Inspectorate of Government Report to Parliament July - December 2018 107 1. Embezzlement Nanjobe Florence, Cashier, National HCT-00-AC-CO 2. Abuse of office 29. Curriculum Development Center, 0106/2016 Kyambogo 3. False accounting by a public official
A1Lokong Daniel, Senior Engineer, 1. Abuse of Office Kaabong District Local Government. HCT-00-AC-CO 30. 2. Causing Financial A2 Akena Layoo, Road Inspector, 0111/2016 Loss Kaabong District Local Government
A1 Ojok James, Ag Town Engineer, Kaabong District Local Government 1. Abuse of Office A2 Lokong Daniel, Senior Engineer, 2. Causing Financial HCT-00-AC-CO 31. Kaabong District Local Government Loss 089/2016 A3 Gertrude Naibok, Company 3. Neglect of duty Director, Natumurai Enterprises in 4. Theft Kaboong District.
Samuel Acwica, State Prosecutor, HCT-00-AC-CO Soliciting and receiving 32. Koboko 085/2016 gratification
Cpl Wilfred Odama, Police Officer HCT-00-AC-CO Soliciting and receiving 33. attached to Arua Central Police 0099/2016 gratification Station 1. Abuse of office HCT-00-AC-CO 2. Forgery Tumushabe Julius, Senior Accounts 34. 128/2016 3. Uttering False Assistant, Kyambogo University. documents and 4. Making a false Statement.
Peter Wathum and Wilson Negohe, HCT-00-AC-CO 1. Causing Financial Geological Assistant and Watchman, Loss 35. 148/2016 Ministry of Energy and Mineral 2. Abuse of Office Development. 1. Soliciting and No. 2340Geoffrey Leo Ogwok, Police HCT‐00‐AC‐ receiving Gratification 36. Officer. CO‐0042‐2017 and 2. Abuse of office. No. 38522 A/CIID Tusubira Samuel and Monday Mwalimu, Police Officer HCT‐00‐ Soliciting and receiving 37. and Crime Preventer attached AC‐25/2016 gratification to Kakoola Police Post, Kibaale District.
108 Inspectorate of Government Report to Parliament July - December 2018 1. Abuse of Office, 2. Forgery HCT‐00‐AC‐ Rawlings Katusabe, Former Ag. 3. Uttering forged 38. CO‐0030‐2017 Secretary, Buliisa District Land Board. documents 4. Giving false information to IG officer.
1. Abuse of Office 2. Corruption A1 Adeka Judith Margaret, former 3. Conspiracy to Human Resource Officer, Ministry HCT‐00‐AC‐ Defraud 39. of Gender Labour and Social SC‐0066‐2017 4. Aiding and Abetting Development. Fraud 5. Theft 6. Personation
Kinene Mohamed & Kibahwire Annet, HCT-00-AC-CO Corruption 40. Head Teacher and School Bursar, 054/2015 Kitebi SSS, Wakiso District. Bribing an IG officer
John Mwase, D/AIP Etiu Robert, 1. Abuse of office 41. HCT-00-AC-CO Isabirye Henry, Court Clerk, Police 0114/2015 2. Soliciting and Officer, Businessman receiving gratification
Cr Case No 1. Forgery 42. Moses Okello, Teacher at Onyut 1434/2017 Primary School, Kole District. 2. Making a document Before Lira without authority. Magistrate`s court
David Omika and Pauline Achola 1. Abuse of office 43. District Labour Officer Kole District HCT-00-AC-CO and Secretary Contracts Committee 0106/2018 2. Causing Financial Loss (New) Charles Gordon Muwonge, Sub- County Chief, Kapeeka SC, 1. Abuse of Office 44. Nakaseke District HCT-00-AC-CO 2. Causing Financial Moses Kyambadde, Sub-Accountant, 0120/2018 Loss Kapeeka SC, Nakaseke District (New)
Inspectorate of Government Report to Parliament July - December 2018 109 Wilfred Nsubuga, Statistician Commission of Inquiry in the Effectiveness of law, Policies and 45. Abuse of office processes of land Acquisition, land HCT-00-AC-CO Administration, land management Corruption and land Registration in Uganda (New)
No. 34483Cpl Ocen Maxwell, OC Corruption (solicitation 46. HCT-00-AC-CO CIID Alebtong Police station and Receipt of 087/2018 (New) gratification)
47. Bob Muduse, Senior Town Agent, HCT-00-AC- Embezzlement Lugazi MC (New) CO-0069-2018 Abuse of Office
110 Inspectorate of Government Report to Parliament July - December 2018 Table XIII: Pending Criminal Appeals as at 31st December 2018
Outcome of Court Name of Name of Offence S/N The Previous Reference Appellant Respondent Committed Trial Number 1. Obtaining goods by false pretenses ACD-Cr Appeal No. 2. Conspiracy to 1. Afaro Gilbert, Uganda Conviction 115/2017 defraud 3. Uttering false documents Supreme David Chandi 2. Uganda Conviction Court App No. Abuse of office Jamwa 2/2018 B. D. Wandera 1. Embezzlement ACD-Cr Appeal No. 3. and Opiding Uganda Conviction 2. Abuse of office 24/2018 Francis 3. Diversion of funds
1. Abuse of Office Malimbo ACD-Cr Appeal No. 4. Uganda Conviction 2. Misuse of public Mugagga 13/2018 property 1. Causing Financial Nalubega Sansa ACD-Cr Appeal No. loss 5. and Tegras Uganda Acquittal 5/2018 2. Abuse of office Mukisa 3. Embezzlement
Conviction Criminal Appeal No. Soliciting and 6. Katamba Fred Uganda 2/2018 receiving Gratification
1. Embezzlement 2. Abuse of Office Wanyaka Samuel Conviction COA-00-CR- 7. Uganda and Huxley CN-281-2015 3. False Accounting by Public Officer
1. Embezzlement Dr. Eumu, former COA-00-CR- 2. Causing Financial 8. DHO, Amuria Uganda Conviction CN-307-2015 loss and District 3. False Accounting
Conviction on 1. Embezzlement Atai Hellen Abuse of office 2. Causing Financial Doreen, former and acquittal on COA-00-CR- 9. Uganda loss and CFO, Amuria Embezzlement CN-180-2016 3. False accounting District and causing 4. Abuse of office Financial loss.
Inspectorate of Government Report to Parliament July - December 2018 111 Conviction on Abuse of office and acquittal on 1. Embezzlement Atai Hellen Embezzlement 2. Causing Financial Doreen, former COA-00-CR- 10. Uganda and causing loss and CFO, Amuria CN-182-2016 Financial loss 3. False accounting District (cross Appeal 4. Abuse of office by IG against sentence)
Inziku Paul, Aderubo Vincent, High Court upheld Toko Aleni, former 1. Embezzlement the conviction by Town Clerk, Arua, COA-00-CR- 2. Causing financial 11. Uganda lower court, they former CFO and CN-79-2012 loss appealed to Court former Accounts 3. Abuse of office of Appeal. Assistant respectively.
Inziku Paul, Aderubo Vincent, High Court upheld Toko Aleni, former 1. Embezzlement the conviction by Town Clerk, Arua, COA-00-CR- 2. Causing financial 12. Uganda lower court, they former CFO and CN-80-2012 loss appealed to Court former Accounts 3. Abuse of office of Appeal. Assistant respectively.
Conviction of lower court Corruptly soliciting Waidha Okuku COA-00-CR- 13. Uganda (IG) upheld, Waidha for and receiving Stephen CN-250-2011 filed a second gratification Appeal. Chemisto A.M, Sammy Nelson, Appeal against Uganda(IG) Supreme Court app 14. Swami Martin, conviction and Embezzlement. No- -2018 Town Clerk and sentence Town Treasurers.
Lulu Francis Selle former Head teacher of Appeal against ACD-Cr–Appeal No 15. Uganda Abuse of Office Allere Secondary acquittal 0032/2015 School, Moyo District
Bundibugyo Balyebulya Kaija Appeal against Uttering False 16. Uganda Cr Case No Richard acquittal Documents 267/2014
112 Inspectorate of Government Report to Parliament July - December 2018 Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary, David Ssalongo Kanakulya, Head of Finance, Sebbunya Herbert, Internal Appeal against ACD-Cr-Ap No Causing financial loss 17. Uganda Auditor, Suzan acquittal 0034/2015 and Abuse of office. Wanume, Senior Assistant Electoral Officer and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission. Appeal against 1. Causing Financial conviction and Ayesiga Suluman COA-00-CR- Loss 18. Uganda sentence. CN-245-2015 2. Embezzlement and Pending hearing 3. Abuse of office of 2nd appeal. Appeal against Causing financial loss 19. Uganda Phillip Etukoit Cr App 002/2013 acquittal and abuse of office. Margret Kobusinge and Wanyama, Senior Economist/Desk Officer in charge Convicted by High Court of the Water and the Trial Court, 20. Sanitation Sector Uganda (IG) Crim Appeal Abuse of office. appealed to High with Ministry of Court. Finance, A2 was 30-2008 a Senior Assistant Engineering Officer with Ministry of Works. Causing financial loss Eng. Wanjusi Acquitted by trial 21. Uganda CR.481-2006 and convicted for Fabian, District court. Abuse of office. Eng. P.K. Waiswa, Acquitted by trial Causing financial loss 22. Uganda District Engineer, CR-482-2006 court and abuse of office. Iganga District
Inspectorate of Government Report to Parliament July - December 2018 113 Convict appealed Turyamwesiga Convicted by vide Cr App No. Causing financial loss Vanance, District 23. Uganda trial court and he 13/2008 and state and convicted for Engineer, Kabale appealed. cross appealed vide abuse of office. Local Government Cr App 0041/2008
Constitutional Nestor Machumbi Court reference Gasasira, Principal ACD- 24. Uganda was dismissed. Illicit enrichment Accountant, CSC-183-2006 Matter now before Public Service Supreme Court.
High Court upheld Karakire Stephen, conviction by Corruptly Soliciting Magistrate, COA-Cr –Appeal No 25. Uganda lower court. He for and receiving Lyantonde 231/2015 appealed to court gratification Magistrate`s court of Appeal.
Bwanika Godfrey High Court upheld and Others, conviction by Causing Financial COA-Cr –Appeal No 26. former Uganda lower court. They Loss and Abuse of 210/2010 CAO,CFO of appealed to court Office Kayunga of Appeal
High Court upheld conviction by Gashenyi John lower court. Wycliffe, former COA-Cr –Appeal No 27. Uganda He appealed Abuse of office Town Clerk, 240/2010 to Court of Kiboga Appeal. Pending Judgment
High Court convicted him Ndifuna Moses, Corruption: Solicitation and he appealed COA-Cr –Appeal 28. Magistrate Grade Uganda and receipt of to Court of No. 205/2009 II, Mbarara gratification Appeal. Pending Judgment
High Court 1. Causing Financial Mwanja Charles, convicted him and COA-Cr –Appeal 29. Uganda Loss District Police he appealed to No. 35/2012 2. Abuse of Office Court of Appeal Eng. Sentumbwe and Eng. Mugisha 1. Corruption High Court COA-Cr –Appeal Shilling, Engineers 2. Abuse of office convicted him and No. 32/2005 30. with Directorate Uganda 3. Conspiracy to he appealed to of Water case now in defeat justice Court of Appeal. Development at Supreme Court Luzira, Kampala
114 Inspectorate of Government Report to Parliament July - December 2018 High Court Sabila Herbert, convicted him former MP, Tingey and he appealed Sammy Nelson to Court of COA Appeal No. Corruption: Bribing an 31. Uganda Treasurer, Appeal and lost 22/2010 IG officer Kapchorwa and and he made a Chelimo Nathan further appeal to Supreme Court.
Ndiragasira Chief Magistrate’s Joseph Alias Court, Fort Portal. Criminal Appeal No. Bakanga Personation of a 32. Convicted him for 14/201 Muganyizi Uganda person named in a Personation of Richard, former Fort Portal High Certificate person named in Head teacher in Court certificate Kyenjojo District
Appeal against acquittal before Bagarukayo Magistrate Court, Charles, Computer IG Appealed, he Embezzlement 33. Supervisor, COA-00-CR- was convicted by Uganda and Corruption Ministry of CN-80-2013 High Court and he Finance appealed against the conviction. Pending Judgment since April 2014
Akankwasa ACD -CR- Appeal against 34. Uganda Illicit Enrichment Damien CN-0012-2016 acquittal.
Causing Financial 35. Christopher Odon- COA-00-CR- Appeal against Uganda loss go Vs Uganda CN-173-2015 Conviction False accounting
Causing Financial 36. Christopher Odon- COA-00-CR- Appeal against Uganda loss go Vs Uganda CN-20-2015 Conviction False accounting
Embezzlement, Appeal against 37. Akuta Olupot and Causing Financial COA-CR- CN-62 Uganda Conviction and Kayongo Male loss, Abuse of and 66/2010 sentence office
Inspectorate of Government Report to Parliament July - December 2018 115 APPENDIX E
CIVIL LITIGATION
116 Inspectorate of Government Report to Parliament July - December 2018 Table XIV: Concluded Cases
No Case Number Parties Status
Civil Appeal No. 15 of 1. Katamba Fred v AG & IGG Appeal withdrawn 2012
Petition dismissed without costs as it had Const. Petition No. 7 2. Molly Kyepaaka Karuhanga v IG been overtaken by events of 2010 and Petitioner sought to withdraw the Petition
Misc. App No 524 of Application withdrawn with 3. BAO Enterprises and 2 ors v IG 2018 consent of both parties.
Table XV: Ongoing Cases
No Case Number Parties Status 1. Misc. Cause No. 12 of 2017 Patrick Mutabwire v AG & IGG Awaiting ruling 2. Misc. Cause No. 2 of 2017 Okiriya Steven v Kumi DLG Ongoing 3. Misc. Cause No 7 of 2017 Musinguzi Gabriel v IGG and AG Ongoing EETA v Tororo Municipal Council 4. Civil Suit No 22 of 2017 Ongoing and IGG Ekwongol Joseph & Atco Jesica 5. Civil Suit No 63/2017 Ongoing v AG and Kakabire Gideon 6. Misc. App No. 193 of 2016 Berwanaho Charles v AG & IGG Ongoing 7. Misc. App No 426/2016 Kalangwa Kaliisa v AG Ongoing 8. Misc. App No 392 /2016 Nantambala Joyce v AG and IG Ongoing 9. Misc. Cause No 30/2016 Nantambala Joyce v AG and IG Ongoing Murisho Shafi and others v Awaiting judgment 10. Const. Petition No 2 of 2017 AG,IG on notice Welt Machinen Engineering Ltd 11. Misc. Cause No. 402 of 2017 Ongoing v IGG 12. Const. Petition No. 8 of 2018 Elizabeth Kabanda v AG and IG Ongoing Const. Petitions No. 50 of Turyahabwa Wilberforce v AG 13. Ongoing 2017 and IGG UVETISO Ltd and Ors v 14. Misc. App No. 536 of 2014 Pending hearing Inspectorate of Government
Inspectorate of Government Report to Parliament July - December 2018 117 Table XVI: Appeal Cases
No Case Number Parties Status
Civil Appeal No. 24 Inspectorate of Government v UVETI- Yet to be fixed for 1. of 2015 SO Ltd and ors hearing Civil Appeal No. 94 Conferenced inter- 2. Ouma Adea v IGG of 2014 parties Civil Appeal No. 66 Yet to be fixed for 3. Mutaasa Edirisa and 4 ors v IG of 2012 hearing Civil Appeal No 244 Yet to be fixed for 4. Prime Contractors v IG and UNRA of 2013 hearing Civil Appeal No. 98 Taxation reference yet 5. Gasasira v IG of 2010 to be fixed Civil Appeal No. 206 6. Godfrey Lwasa v IGG Awaiting hearing date of 2014 Civil Appeal No 66 of 7. Malungu v IGG Conferencing 2012 Civil Appeal No. 190 Memorandum of Ap- 8. IGG v Ruth Achimo & Soroti University of 2018 peal filed
118 Inspectorate of Government Report to Parliament July - December 2018 Inspectorate of Government Report to Parliament July - December 2018 119 Visit any of IG 16 regional offices and lodge a verbal or written complaint
Report Corruption and Write to the IGG Mal-administration Make a telephone P. O. Box 1682, to the IG call to the IGG Hotline Kampala 0414 347387 or 031 2101346
Send an email with the details of the complaint e-mail: [email protected]
120 Inspectorate of Government Report to Parliament July - December 2018