Report to Parliament

INSPECTORATE OF GOVERNMENT

REPORT TO PARLIAMENT

JULY – DECEMBER 2013

INSPECTORATE OF GOVERNMENT

REPORT TO PARLIAMENT

JULY – DECEMBER 2013 INSPECTORATE OF GOVERNMENT INSPECTORATE OF GOVERNMENT INSPECTORATE OF GOVERNMENT HEAD OFFICE Jubilee Insurance Centre. Plot 14, Parliament Avenue. P. O. Box 1682 Kampala Tel: +256 - 414 344 219 / +256- 414 259 738 (General lines) +256 - 414 255 892 / +256- 414 251 462 (Hotline) +256 - 414 347 387 Fax: +256 - 414 344 810 Website: www.igg.go.ug

Vision: Mission: Core Values: “ Good Governance with an To Promote Good Governance Integrity Ethical and Corruption Free through enhancing accountab Impartiality Society” ility,Transparency and the Professionalism enforcement of the rule of law and administrative justice in Gender Equality public offices Equity

OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENT Inspector General of Government Ms Irene Mulyagonja Kakooza Tel: +256 414 259 723 Fax: +256 414 344 810 +256 414 257 590 Email: [email protected]

Deputy Inspector General of Government Deputy Inspector General of Government George Nathan Bamugemereire Mariam Wangadya Tel: +256 414 259 780 Tel: +256 414 259 709 Email: [email protected] Email: [email protected]

Information and Internal Inspection Division Public and International Relations Division Head: Mr. Stephen Kasirye Head: Ms. Munira Ali Bablo Tel: +256 414 342 113 Tel: +256 414 231 530 Email: [email protected] Email: [email protected]

DEPARTMENT OF FINANCE AND ADMINISTRATION

Secretary to the Inspectorate of Government Undersecretary finance and Administration Mr. Bageya Waiswa Ms Glory Anaŋun Tel: +256 414 259 788 Tel: +256 414 230 398 Fax: +256 414 257 590 Email: [email protected] Email: [email protected]

DIRECTORATES DIRECTORATE OF OPERATIONS DIRECTORATE OF EDUCATION AND Ag Director Operations PREVENTION OF CORRUPTION Hajji Abon Muzamil Director Education and Prevention of Tel: +256 414 346 116 Corruption Email: [email protected] Mr. Jossy Jules Rwereeza Tel: +256 414 348 613 Fax: +256 414 230 389 Email: [email protected]

DIRECTORATE OF OMBUDSMAN AFFAIRS DIRECTORATE OF LEADERSHIP CODE Director Ombudsman Affairs Ag. Director Leadership Code Mr. David Makumbi Mr. Jamil Maningi Tel: +256 414 251 380 Tel: +256 414 342 133 Email: [email protected] Fax: +256 414 230 409 Email: [email protected] INSPECTORATE OF GOVERNMENT

DIRECTORATE OF LEGAL AFFAIRS DIRECTORATE OF REGIONAL OFFICES Director Legal Affairs Ag Director Regional Offices Mr. Sydney Asubo Mr. Joram Magezi Tel: +256 414 342 135 / +256 414 343 739 Tel: +256 414 346 116 Fax: +256 414 230 399 Email: [email protected] Email: [email protected]

PROJECT MONITORING DIVISION Director Project Monitoring Mr. James Penywii Tel: +256 414 347 388 Fax: +256 414 330400

REGIONAL OFFICES

Arua Regional Office Kampala Regional Office Moyo Regional Office Plot 14 Weather Head, Park Lane, Plot 1645 Gyagenda Road Moyo S.S Road P.O. Box 789, Arua. Ntinda Kiwatule P.O. Box 192 Moyo. Tel: 0476-420317 Fax: 0467-420714 P.O. Box 1682,Kampala. Tel: 0372-280102 Email: [email protected] Tel: 0414-580499 Email: [email protected] Email: [email protected] Fort Portal Regional Office Mukono Regional Office Plot 1A Mugurusi Road Lira Regional Office Plot 16 Paul Mukasa Road, P.O. Box 157, Fort Portal. Plot 4 Osman Road Opposite Mukono District EC Offices Tel: 0483-423010/ 23011, P.O. Box 1, Lira. P.O. Box 901 Mukono. Fax: 0483-423010 Direct Line 0473-420099 Tel: 0414 692042/3 Email: [email protected] Email: [email protected] Email: [email protected]

Gulu Regional Office Masaka Regional Office Soroti Regional Office Plot A1 Ogwok Ayaru Road 29/31 Victoria Road, National Water Plot 47 Harridas Road Pece Division, Gulu Municipality Building P.O. Box 346, Soroti. P.O. Box 771, Gulu. P.O. Box 925, Masaka. Tel: 04544-63138/61584 Tel: 0471-432569 Tel: 0481-21267/21766 Fax: 04544-61584 Fax: 0471-432568 Email: [email protected] Email: [email protected] Email: [email protected] Mbale Regional Office Tororo Regional Office Hoima Regional Office Plot No 20 Masaba Road Plot 45 Kashnir Road 17 Orphanage Road P.O.Box 24, Mbale. Tororo Municipality P.O.Box 133, Hoima. Tel: 0454-435029/ 35255 P.O. Box 5, Tororo. Tel: 0465-442062 Fax: 0465-440399 Fax: 0454-435255 Tel: 0454-445534/3 Email: [email protected] Email: [email protected] Email: [email protected]

Jinja Regional Office Mbarara Regional Office Plot 35 Rippon Gardens Road Plot 17 Mufti Drive, Mbarara P.O. Box 303,Jinja. P.O. Box 1903, Mbarara. Tel: 0431-120160/ 0434-122688 Tel: 0485-421068 Email: [email protected] Fax: 0485-421720 Email: [email protected] Kabale Regional Office Babukika Road Moroto Regional Office P.O. Box 981, Kabale. Plot 3 Odeke Road Tel: 0486-422461, P.O. Box 104, Moroto. Fax: 0486-422027 Tel: 0352-278373 Email: [email protected] Email: [email protected] INSPECTORATE OF GOVERNMENT

Table of Contents

Table of Contents ...... i List of Figures ...... iv List of Tables ...... v List of Appendices ...... vi Abbreviations & Acronyms ...... vii Executive Summary ...... ix CHAPTER ONE: INTRODUCTION Constitutional Mandate ...... 1 Functions of the Inspectorate of Government ...... 1 General powers of the Inspectorate of Government ...... 1 Special powers of the Inspectorate of Government ...... 2 Jurisdiction and Independence of the Inspectorate of Government ...... 2 Strategic Objectives of the Inspectorate of Government (2010-2014) ...... 3 Organization of the Inspectorate of Government ...... 3 Regional Offices of Inspectorate of Government ...... 6 CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION Investigations ...... 9 Arrests made ...... 12 Prosecutions ...... 12 Civil cases ...... 13 Monitoring and Inspection of Government Projects ...... 13 Ensuring Transparency & Accountability in NUSAF II Project .. .. 13 NUSAF II Inspection and Monitoring ...... 14 NUSAF II Training ...... 16 Inspection & Monitoring of PRDP ...... 16

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CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTION Introduction ...... 25 Ombudsman Complaints handled ...... 26 Challenges in implementation of Ombudsman investigations .. .. 26 Specific recommendations to Government ...... 26 Future plans ...... 27 Policy and Systems Studies ...... 27 CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE The Constitutional Mandate to enforce the Leadership Code of Conduct .. .. 29 Activities carried out during the reporting period ...... 29 Management of leaders’ declaration of Incomes, Assets & Liabilities forms .. .. 29 Constraints faced in enforcing the Leadership Code of Conduct .. .. 30 Future plans ...... 30 Recommendations to Government ...... 30 CHAPTER FIVE: PREVENTIVE MEASURES Introduction ...... 31 Public Awareness Programmes ...... 31 International Anti-corruption day celebrations/public dialogue .. 33 Boardroom Sessions ...... 36 Public Awareness Activities through electronic media ...... 37 Integrity Ambassadors Club Activities ...... 37 Training/sensitization of Public Servants ...... 38 Performance challenges ...... 38 Recommendations for Policy Consideration...... 38 CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION Training ...... 39 Local and International training programmes ...... 39 International Cooperation ...... 39 Media Relations ...... 40 Website Management ...... 41 Public Relations ...... 41 International Collaboration ...... 41

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CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS Challenges and constraints faced by the IG in achieving strategic objectives ...... 42 Future Plans ...... 44 Recommendations ...... 44

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LIST OF FIGURES

Figure 1 Graph showing general investigations of the Inspectorate . 10

Figure 2 Graph showing the trend of arrests and prosecutions for the years 2006 – 2013 .. 12

Figure 3 Workload for the period July –December 2013 .. .. 51 Figure 4 Categorization of Complaints Registered by Gender for the period July –December 2013 .. 52 Figure 5 Comparison of Investigations for the Periods January – June 2013 and July – December 2013.. 52 Figure 6 Comparison of new complaints received and those that were investigated during the period July – December 2013 .. 53 Figure 7 Functions of the Inspectorate of Government by Directorates ...... 59 Figure 8 Functions of the Department of Finance and Administration ...... 59 Figure 9 Functions of IGG/DIGG’s ...... 59

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LIST OF TABLES

Table I Workload during the period July – December 2013 .. x

Table II Summary of outcomes of implemented recommendations during period July – December 2013 .. xiv

Table III Distribution of IG Regional Offices & districts covered .. 6

Table IV Investigations carried out by the Inspectorate .. .. 9

Table V Corruption Complaints investigated and completed during the Period July – December 2013 10

Table VI Ombudsman Complaints investigated and completed.. .. 26

Table VII Local Training programmes conducted...... 39

Table VIII International Training and Cooperation...... 39

Table IX Institutions and Action Officers that have not implemented IG Recommendations 47

Table X Trend of the complaints registered and investigated by the Inspectorate of Government for the years 2001 – December 2013 . 53

Table XI Trend of complaints investigated and completed at the Kampala Headquarters and Regional offices for the years 2001 – December 2013 ...... 54

Table XII Complaints received according to the districts for the Period July – December 2013 .. 54

Table XIII The nature of complaints investigated and completed during the period July – December 2013 56

Table XIV Departments/Institutions complained against during the Period July – December 2013 57

Table XV Arrests effected between July – December 2013 .. .. 61

Table XVI Summary of finalized cases of prosecution during the Period July – December 2013 64

Table XVII On-going cases of Prosecution by the end of December 2013 . .. 65

Table XVIII Criminal Appeals by the end of December 2013 .. .. 71

Table XIX Summary of on-going Civil cases during the period July – December 2013 .. 76

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LIST OF APPENDICES

Appendix A - Institutions and Action Officers that have not implemented IG Recommendations 46

Appendix B - A statistical presentation of IG investigations and other activities .. .. 50

Appendix C - Arrests ...... 60

Appendix D - Prosecution cases ...... 63

Appendix E - Litigation cases ...... 75

Appendix F - Some of the letters of Appreciation received ...... 78

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ABBREVIATIONS AND ACRONYMS

ACB - Anti-Corruption Bureau AML/CFT - Anti- Money Laundering/Combating the Financial Terrorism BoQ - Bills of Quantities CAA - Civil Aviation Authority CADP - Corporate and Development Plan CAO - Chief Administrative Officer CFO - Chief Financial Officer CIR - Community Infrastructure Rehabilitation CPC - Community Procurement Committee CPMC - Community Project Management Committee D/CPL - Detective Corporal D/SGT - Detective Sergeant DANIDA - Danish International Development Agency DAPCB - Departed Asian Property Custodian Board DEO - District Education Officer DIGG - Deputy Inspector General of Government DPP - Director of Public Prosecutions EAAACA - East African Association of Anti-Corruption Authorities ESAAMLG - Eastern and Southern Anti- Money Laundering Group ESO - External Security Organisation FY - Financial Year GS - General Secretary H.E - His Excellency HISP - Household Income Support Program HTTI - Hotel and Tourism Training Institute IG - Inspectorate of Government IGG - Inspector General of Government IUIU - Islamic University in Uganda KCCA - Kampala Capital City Authority LC’s - Local Councils LDC - Law Development Centre MD - Managing Director MDA’s - Ministry, Departments and Agency

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MOU - Memorandum of Understanding MP - Member of Parliament NAADS - National Agricultural Advisory Services NARO - National Agricultural Research Organization NDC - NUSAF II District Coordinators NGO - Non Governmental Organization NHCC - National Housing and Construction Corporation NPA - National Planning Authority NSSF - National Social Security Fund NUSAF - Northern Uganda Social Action Fund OPM - Office of the Prime Minister P/S - Primary School PDLG - Pader District Local Government PRDP - Peace Recovery and Development Plan PS - Permanent Secretary PTC - Principal Teachers’ College RALNUC- Restoration of Agricultural Livelihoods in Northern Uganda Component RDC - Resident District Commissioner RSA - Resident State Attorney SAC - Social Accountability Committee SMS - Short Message Service TAAC - Transparency, Accountability and Anti- Corruption (U) - Uganda UBC - Uganda Broadcasting Corporation UETCL - Uganda Electricity Transmission Company Limited UHRC - Uganda Human Rights Commission UNBS - Uganda National Bureau Standards UNEB - Uganda National Examinations Board UNRA - Uganda National Roads Authority UPDF - Uganda Peoples Defence Forces UPPC - Uganda Printing and Publishing Corporation UPPETT - Uganda Post Primary Education and Training Program URA - Uganda Revenue Authority USMID - Uganda Support to Municipal Infrastructure Development UWA - Uganda Wildlife Authority YMCA - Young Men Christian Association

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EXECUTIVE SUMMARY

1.1 Introduction

Under Article 231 of the Constitution, the Inspectorate of Government (IG) is required to submit to Parliament at least once in every six months, a report on the performance of its functions and making recommendations which the office considers necessary for the efficient performance of public institutions. The report is also meant to provide any other information that Parliament may require.

The functions of the Inspectorate of Government as spelt out in Article 225(1) of the Constitution are:

(a) To promote and foster strict adherence to the rule of law and principles of natural justice in administration;

(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office;

(d) To supervise the enforcement of the Leadership Code of Conduct;

(e) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which this Article applies, taken, made, given or done in exercise of administrative functions;

(f) To stimulate public awareness about the values of constitutionalism in general and the activities of the office, in particular, through any media or other means it considers appropriate;

In order to fulfill its mandate, the Inspectorate of Government is granted general and special powers as laid out in Chapter One of this report. This is the 30th report of the Inspectorate of Government to Parliament and the 6th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period July – December 2013.

1.2 Structure of the Report

The report comprises seven chapters on various aspects of the Inspectorate’s constitutional mandate.

Chapter One gives a brief account of the jurisdiction and independence of the office. The chapter also gives a summary of IG’s strategic objectives as contained in the IG Corporate and Development Plan (CADP) 2010-2014. The chapter further lays out the organization structure of the IG.

Chapter Two covers the measures used by the institution in the implementation of its anti-corruption functions. These include investigation of complaints or suspicion of corruption in public institutions; monitoring and inspection of NUSAF II and PRDP II projects implementation activities; arrest and prosecution of people investigations reveal to have been involved in corrupt practices. The chapter also reports about the civil cases that the IG handled during the period.

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Chapter Three highlights the activities carried out by the IG in its implementation of the Ombudsman function. The chapter also gives a brief account of the Policy and Systems Studies that were carried out during the reporting period.

Chapter Four covers activities carried out by IG in enforcing the Leadership Code of Conduct.

Chapter Five focuses on the preventive measures used by the office 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 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 ways that could make the office more efficient and effective.

1.3 Summary of Achievements of the Inspectorate of Government in the period July - December 2013

1.3.1 General Investigations

The Inspectorate of Government receives complaints or initiates investigations over allegations of corruption, maladministration, breach of the Leadership Code and arrests, prosecutes and recommends administrative action on those implicated in corruption. These continue to be the major activities of the institution.

During the period under review, the Inspectorate of Government had a total workload of 6,962 complaints including verification of leaders’ declarations. Out of these 5,382 were brought forward from the previous reporting period. 1,513 complaints were received or initiated by the Inspectorate of Govern- ment including 53 investigations that arose from audit reports. A total of 822 investigations and verifications were completed while 144 complaints were processed and later referred to other Institutions. The table below shows the workload during the period July – December 2013. Table I: Workload during the period July – December 2013 July – December 2013 a Complaints brought forward 5,382 b Investigations from Audit Reports 53 c New complaints received/initiated 1,513 d New verifications of leaders’ declarations 14 e Total workload = a + b + c + d 6,962 f Investigated & completed 822 g Verification concluded 23 h Referred to other Institutions 144 i Rejected complaints 21 j Total complaints concluded= f + g + h 1,010 k Carried forward = e – i 5,952

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1.3.2 Corruption Investigations

The powers of the Inspectorate of Government to investigate or cause investigation, arrest or cause arrest, prosecute or cause prosecution in respect of cases involving corruption and abuse of authority are stipulated in Article 230 of the 1995 Constitution of the Republic of Uganda and Sec.14(5) of the Inspectorate of Government Act 2002.

Practices that are deemed by law under Anti-Corruption Act 2009 as corrupt include such acts as bribery, extortion, diversion of public resources, influence peddling, conflict of interest, abuse of office, loss of public property, sectarianism, nepotism, embezzlement, causing financial loss, false assumption of authority, fraudulent disposal of trust property, false accounting, false claims, uttering of false certificates by public officers and illicit enrichment. Therefore, in the implementation of the Anti-Corruption function, the IG carries out investigations where commission of any offence under the Anti-Corruption Act or the Inspectorate of Government Act 2002 is alleged. Where the subject of an investigation is found to have committed a criminal offence, investigations may result in arrest and prosecution.

During the period July – December 2013, the Inspectorate received 1,050 corruption complaints which accounted for 69.4% of the total complaints that were received. The corruption complaints received during the current reporting period increased by 22.7% compared to the previous period (January – June 2013). A total of 545 investigations were completed during the reporting period while 386 investigations were completed during the previous period. This implies that performance in investigation of cases involving corruption increased by 41.2%. Only 27 complaints were processed and referred to other institutions during the current period compared to 112 complaints that were referred to other institutions during the previous period.

Analysis of complaints received by the IG indicated that the most complaints were those against Dis- trict Administrators and individual public officers each accounting for 15.9% of the total complaints received. This was followed by complaints against Municipal Councils/Town Councils with 9.2% of the total complaints received. Complaints against the Uganda Police Force were 7.7% of the total complaints received while complaints against administrators of schools (both primary and secondary) were also high accounting for 6.8% of the total complaints. In comparison with the previous period, the above categories are sill the highest of the institutions/departments complained against. Details of the institutions/departments complained against are contained in table XIII of this report

1.3.3 Arrests and Prosecutions

During the period under review, twenty eight (28) public officers were arrested for various corruption offences and charged in courts of law. IG prosecuted one hundred and twenty one (121) cases, out of which one hundred and nine (109) were carried forward from the previous period and twelve (12) were new cases registered in courts of law during the reporting period. Three (3) cases resulted into conviction, two (2) resulted in acquittals, two (2) cases were withdrawn and none abated. Eighty eight (88) cases were on-going at first trial and thirty one (31) cases were on appeal as of 31st December 2013. For details of cases IG prosecuted during the reporting period see Appendix C of this report.

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1.3.4 Civil cases

As part of its mandate of fighting corruption and defending its actions, the Inspectorate of Government has been handling civil suits, including civil applications and constitutional petitions instituted against it in courts of Judicature. During the period under review IG handled seventeen (17) civil cases in courts of law. Four (4) were concluded and thirteen (13) cases are still on-going. Two (2) of these are pending ruling and one (1) is yet to be fixed for hearing. For details of civil cases, see Appendix D of this report.

1.3.5 Monitoring and Inspection of NUSAF II and PRDP II Projects

The IG was co-opted under the Transparency, Accountability and Anti-Corruption (TAAC) sub-component to ensure efficiency of public expenditure under the fund. This sub-component is aimed at ensuring transparency, accountability and putting in place anti-corruption measures in the implementation of the two projects. TAAC is being implemented by IG and both enforcement and preventive/proactive measures are used to ensure that the projects are not frustrated by corruption and other malpractices.

During the period under review IG monitored and inspected NUSAF II and PRDP II projects in the districts of Bukwo, Kween, Katakwi, Gulu, Alebtong and Kole.

IG staff also carried out training for CPMCs, CPCs, SACs in Oyam, Dokolo, Alebtong, Amolatar, Pallisa, Kibuku, Bulambuli and Sironko districts. For findings of the inspection and monitoring done and the recommendations that were made, refer to Chapter two of this report.

1.3.6 Promoting the Rule of Law and Administrative Justice (The Ombudsman Function)

The Constitution empowers the Inspectorate of Government not only to curb corruption but article 225 (1) also empowers the IG to ensure strict adherence to the rule of law and principles of natural justice in administration; to promote fair, efficient and good governance in public offices; and to investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which article 225 applies, taken, made, given or done in exercise of administrative functions.

1.3.6.1 Ombudsman Investigations

During the period under review, the Inspectorate of Government received various complaints against public officers which included mismanagement of public funds and property, employment disputes such as irregular recruitments, unfair dismissals, victimization, Non-payment or delayed payment of salary, salary arrears, leave allowances, gratuity, terminal benefits and failure to access/deletion from payroll, Inheritance and administration of estates disputes, Property disputes, Improper tendering procedures especially by both central and district local governments.

The Inspectorate had a total of 1,947 ombudsman complaints. 460 of these were new complaints received during the period while 1,487 were complaints brought forward from the previous period. Out of 460 complaints received, 21 complaints were found to lack merit and the complainants were advised accordingly. 117 complaints were processed and referred to other institutions, while 254 complaints were investigated and completed; 1,555 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits. During the period under review, the institution mostly complained against was the Ministry of Public Service.

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Many complaints relating to deletion from payroll and non-payment of pension and salary arrears were successfully handled.

1.3.7 Policy and Systems Studies

The Constitution and the Inspectorate of Government Act 2002, empower the Inspectorate of Gov- ernment to promote fair, efficient and good governance in public offices. Given that strengthening of institutions is a key anti-corruption measure, the Inspectorate of Government carries out studies into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identify weak areas that may be conducive to corruption and make recommendations for remedial measures.

The institutions to be studied are selected on the basis of information the Inspectorate of Government receives through public complaints, media reports, audit reports and periodic surveys. During the period under review, the IG focused on four (4) major systems studies details of which are found in chapter three of this report.

1.3.8 Enforcement of the Leadership Code of Conduct

The Constitution and the Leadership Code Act, 2002 mandate the Inspectorate of Government to ensure that specified leaders declare their incomes, assets, and liabilities once every two years explaining how they acquired or incurred them respectively. This is to ensure that leaders adhere to a standard of behaviour that promotes integrity, transparency and accountability in their conduct of public affairs. The Act imposes penalties on leaders who breach it.

During the period under review a total of 9,551 declarations were examined. Income, assets and liabilities of fourteen (14) leaders were verified and a total of forty four (44) properties were inspected and valued. Sixty four (64) bank accounts were inspected and a total of twenty three (23) verifications and investigations were completed. Details of these are given in chapter four of this report.

1.3.9 Public Awareness Programmes

The Inspectorate of Government is constitutionally mandated to sensitize and educate the public about the values of constitutionalism in general and the activities of the Institution in particular, through any media or any other means it considers appropriate. The public is educated about their constitutional right to access public services without having to pay bribes and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and also on how to report corrupt practices to the Inspectorate of Government.

During the period under review, the IG continued to carry out public awareness programmes through; supporting the integrity clubs in universities and other tertiary institutions, radio programmes, workshops and presentation of papers on topical issues to various public servants.

IG also organized a series of activities for the anti-corruption week from 2nd to 9th December 2013. The activities included; an anti-corruption procession, a press conference, boardroom sessions and a public dialogue on the anti-corruption day which coincided with IG‘s 25 years of existence. The IG logo was also unveiled.

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1.3.10 Capacity Building through Training and International Cooperation

1.3.10.1 Training

The Inspectorate of Government is committed to strengthening and building capacity of its staff through training in order to equip them with knowledge, skills and attitudes to improve their performance. During the reporting period, therefore, some IG staff attended training programmes which included the following; Report writing for senior staff, Practical and Technical issues for Whistle blower and Witness Protection, Harmonization of laws governing Anti-Corruption Authorities, Asset Recovery and specialized training on Web Applications Development using Open Source Tools.

1.3.10.2 National and International Cooperation

The IG appreciates the fact that the war against corruption and the promotion of good governance requires the cooperation, support and exchange of ideas with other stakeholders both at the national, regional and international levels. This has been achieved through participation of some IG senior staff in conferences, workshops and exchange programmes and collaboration with local, regional and international anti-corruption agencies. (See chapter six for details).

Table II: Summary of outcomes of implemented recommendations during the period July – December 2013

Outcome Quantity Money saved as a result of IG intervention 20,079,675,958 Money recovered as a result of investigations and deposited on IG Recovery Account 861,056,023 Public officers under prosecution by IG 121 Public officers arrested by the IG 28

Warned public officers 15

Officers who were advised 9 Cancelled appointment letters of public servants 20 Officers submitted to Commissions (e.g. DSC) for disciplinary action 28 Interdicted public officers 13 Dismissed officers 25 Re-advertised posts 2

1.4 Major Constraints and Challenges

Despite the continued support by Government and donors to strengthen the Institution, which is high- ly appreciated, the IG continues to face a number of constraints and challenges, most of which arise from inadequate funding. These constraints and challenges affect the IG’s effective implementation of its mandate of combating corruption, maladministration and enforcing the Leadership Code of Con- duct.

The challenges and constraints include; inadequacies in the existing legal framework, limited human and financial resources, negative societal attitudes and failure to implement of IG recommendations, court delays, poor record keeping, lack of computerized data in many public institutions and high cost of renting office premises.

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1.5 Future plans

(a) Strengthen the capacity of the Regional offices by providing more staff and office equipment.

(b) Strengthen the capacity of IG investigation and prosecution staff through training.

(d) Construction of Inspectorate of Government Head office.

1.6 Recommendations

In order to overcome the constraints and fulfill its mandate, the following recommendations are hereby submitted to Parliament and the Executive.

(i) The Leadership Code Act, 2002 amendment should be approved and passed and the Leadership Code Tribunal should be established as soon as possible for efficient enforcement of the Code.

(ii) Parliament should debate the IG reports and provide appropriate feedback to IG for improved performance.

(iii) Government should appropriate additional funding to IG for operation and other expenses.

(iv) Government should provide funds for construction of the IG Head office. Money used for rent would be used for operations and other requirements for the Inspectorate.

(v) Parliament should amend the law in order for IG to attain corporate status.

(vi) All government institutions must have a proper record keeping and retrieval system and government should provide its MDAs with necessary tools to ensure that this is done.

(vii) Government should prioritize Physical Planning of Urban centres and enforce implementation of the existing plans.

1.7 Recommendations for institutions most complained against

a) District Administrators: Auditing of local governments Accounts should be strengthened. b) Individual public officers: Improvement of staff appraisals and supervision by the relevant authorities. c) Municipal Councils/Town Councils: Strengthening of internal audits together with improved supervision. d) Uganda Police: Regular transfers of police officers in addition to capacity building of the Police Standards Unit. e) School Administrators: Regular external audits should be done to detect and deter fraud. Teachers should be appointed after scrutiny and verification of their academic documents.

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1.1 CONSTITUTIONAL MANDATE

The Inspectorate of Government (IG) is a constitutional body provided for by Chapter 13 of the Consti- tution of the Republic of Uganda. It is mandated to promote good governance, fight corruption, and enforce the Leadership Code Act. Article 231 of the Constitution requires the IG to submit at least once in every six months a report on the performance of its functions to Parliament, making such recommendations as it considers necessary and containing such information as Parliament may require, at least once in six months.

This is the 30th report of the IG to Parliament and the 6th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period July – December 2013.

1.2 FUNCTIONS OF THE INSPECTORATE OF GOVERNMENT

The functions of the Inspectorate of Government as spelt out in Article 225 of the Constitution of Ugan- da and Section 8(1) of the Inspectorate of Government Act 2002 include the following:

(a) To promote and foster strict adherence to the rule of law and principles of natural justice in administration;

(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office;

(d) To supervise the enforcement of the Leadership Code of Conduct;

(e) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which the Article applies, taken, made, given or done in exercise of administrative functions; and

(f) To stimulate public awareness about the values of constitutionalism in general and the activities of its office, in particular, through any media or other means it considers appropriate.

1.3 GENERAL POWERS OF THE INSPECTORATE OF GOVERNMENT

The general powers of the Inspectorate are laid down in section 12 of the Inspectorate of Government Act as follows:

(a) to authorize in writing any officer under its charge to conduct an inquiry or investigation into an allegation of corruption, abuse of office and neglect of duty, and any other aspect that the Inspectorate is empowered to investigate;

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(b) to require a public officer or any other person to answer questions concerning his or her duties or those of another person;

(c) to require any person in charge of a public office to produce or furnish within a specified time, any document or certified true copy of such document which is in his or her possession or under his or her charge; and

(d) to do any other thing necessary for the performance of the functions of the Inspectorate under the Act.

Further, subject to the provisions of any law, the Inspectorate has powers to enter and inspect the premises or property of any department of Government, person or of any authority; to call for, examine and where necessary, retain any document or item in connection with the case being investigated, found on the premises; and may, in those premises, carry out any investigation for the purpose of its functions.

1.4 SPECIAL POWERS OF THE INSPECTORATE OF GOVERNMENT

The Inspectorate of Government is granted special powers under Article 230 of the Constitution and Section 14 (5) of the Inspectorate of Government Act 2002. These powers include the following:

(a) To investigate any bank account, purchase account, share account, expense account or any other account, or any safe or deposit box in a bank, or any transaction for the purposes of this Act.

(b) To investigate, cause investigation, arrest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office;

(c) To make orders and give directions where necessary and appropriate in the course of its investigations or as a consequence of its findings;

(d) To enter and inspect premises or property of any department of Government, person or authority and to examine or retain any documents found therein;

(e) Not to require the consent or approval of any person or authority to prosecute, or discontinue proceedings instituted by the Inspectorate; and

(f) To exercise the same powers of appeal as exercised by the Director of Public Prosecutions.

1.5 JURISDICTION AND INDEPENDENCE OF THE INSPECTORATE OF GOVERNMENT

Articles 226 and 227 of the Constitution provide the Inspectorate of Government with areas of authority and guarantee its independence. The jurisdiction of the Inspectorate of Government covers officers or leaders whether employed in the public service or not, and the institutions, organizations or enterprises Parliament has prescribed under S.9 of the Inspectorate of Government Act. These include the Cabinet, Parliament, courts of law, central and local governments and statutory corporations, among others. The IG is independent in the performance of its functions and reports to Parliament and the President.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 2 INSPECTORATE OF GOVERNMENT

1.6 STRATEGIC OBJECTIVES OF THE INSPECTORATE OF GOVERNMENT (2010 – 2014)

Having launched the Inspectorate of Government Corporate and Development Plan (CADP) in Decem- ber 2010, the Inspectorate set out to realize its mission with the following strategic objectives:

(i) To investigate and prosecute corruption related cases;

(ii) To enforce the Leadership Code of Conduct;

(iii) To enhance and promote the rule of law and justice in public offices;

(iv) To inspect public institutions;

(v) To carry out public awareness on the values of Constitutionalism in general and the activities of the office through any media it considers appropriate;

(vi) To carry out preventive measures through study of key public institutions and systems;

(vii) To undertake capacity building of the Inspectorate of Government;

(viii) To restructure and streamline the Inspectorate of Government operations and systems.

1.7 ORGANIZATION OF THE INSPECTORATE OF GOVERNMENT

Article 223 of the Constitution provides for the Leadership of the Inspectorate of Government which comprises the Inspector General of Government (IGG) and two Deputy Inspectors General of Govern- ment (DIGGs). The Inspector General of Government and the Deputy Inspectors General of Govern- ment are appointed by the President with the approval of the Parliament of Uganda. The office was for sometime not fully constituted. However, with the appointment and swearing in of the IGG and her two deputies, the office is now fully constituted.

The Inspector General of Government Ms. Irene Mulyagonja Kakooza swearing in

REPORT TO PARLIAMENT JULY – DECEMBER 2013 3 INSPECTORATE OF GOVERNMENT

The Deputy Inspector General of Government Mr. George Bamugemereire swearing in.

The Deputy Inspector General of Government Ms. Mariam Wangadya swearing in.

The Secretary to the Inspectorate of Government is the Accounting Officer and is appointed by the President on the advice of the Public Service Commission.

For purposes of implementing its functions and objectives, the Inspectorate of Government is structured into a Department, six Directorates and two Divisions as follows:

Department of Finance & Administration

The Department is responsible for coordination and provision of administrative support services to the technical Directorates, Divisions and Units and efficient management of the financial resources to enhance smooth running of the Inspectorate. The Department is headed by the Undersecretary.

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Directorate of Operations

The Directorate is headed by a Director and is responsible for carrying out field operations. It ensures accountability and transparency in public offices through investigation of corruption in Central Gov- ernment, Ministries, Departments, Agencies and projects.

Directorate of Legal Affairs

The Directorate is headed by a Director who is the Principal Legal Advisor to the Inspectorate and ensures that the Inspectorate exercises its powers in conformity with the law. The Directorate enhances transparency and accountability in public offices through prosecution of suspects of corruption and abuse of office and represents the IG in all Courts of Judicature.

Directorate of Education and Prevention of Corruption

The Directorate is headed by a Director and is responsible for ensuring public awareness about the values of Constitutionalism and the activities of the Inspectorate through workshops/seminars, the media and any other means the Inspectorate considers appropriate.

Directorate of Leadership Code

This is headed by a Director and is responsible for carrying out field operations, monitoring and enforcement of the Leadership Code of Conduct to ensure integrity, transparency and accountability among leaders specified under the Act. It ensures that all leaders declare their income, assets and liabilities, investigates allegations of breach of the Code and conducts other investigations that are not related to the breach of the Code.

Directorate of Regional Offices

The Directorate is headed by a Director and its role is to ensure accountability and transparency in public offices through investigating mal-administration and unfair treatment, corruption and allegations of breach of Leadership Code by leaders in Local Governments. The Directorate is in charge of Regional Inspectorate Offices and operations, and improves efficiency in service delivery by taking the services of the Inspectorate nearer to the people.

Directorate of Ombudsman Affairs

The Directorate is headed by a Director and is in charge of investigating public complaints of maladministration in the Central and local governments. It also carries out Policy and System Studies with a view to making recommendations for better governance. The Directorate promotes the culture of administrative justice and transparency in public offices through the investigation of complaints of mal-administration, carrying out studies on identified systems, practices, procedures and policies that may lead to maladministration.

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Information & Internal Inspection Division

The Division is headed by a Senior Principal Inspectorate Officer who reports directly to the IGG. It ensures efficiency, transparency and accountability among staff of the Inspectorate of Government by detecting and curtailing possible corruption among them and by vetting staff to be recruited by the Inspectorate and other government departments, as well as conducting investigations.

Public and International Relations Division

The Division is headed by a Principal Inspectorate Officer who reports directly to the IGG. The Division is responsible for both national and international public relations in the Inspectorate.

1.8 REGIONAL INSPECTORATE OFFICES

To take its services closer to the people, pursuant to the provisions of Article 228 of the Constitution, the Inspectorate has so far established sixteen (16) Regional Offices headed by Principal Inspectorate Officers. The Regional Offices are structured to perform the functions of the Inspectorate and are dis- tributed over the country as follows:

Table: III Distribution of IG Regional Offices and the districts covered

Regional No. Region Geographical Coverage Office Kampala Mpigi, Mityana, Mubende, Butambala, Wakiso, Gomba and Kampala. 1. Central Masaka Masaka, Kalangala, Sembabule, Rakai, Bukomansimbi, Kalungu, Lwengo and Lyantonde. Mukono Mukono, Kayunga, Nakaseke, Luwero, Buvuma, Nakasongola, and Buikwe. Fort Portal Fort Portal, Kabarole, Bundibugyo, Ntoroko, Kamwenge, Kyenjojo, Kyegegwa and Kasese. Hoima Hoima, Kibaale, Kiboga, Buliisa, Masindi and Kiryandongo. 2. Western Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mitooma, Sheema, Buhweju and Mbarara Ntungamo. Kabale Kabale, Kisoro, Kanungu and Rukungiri. Jinja Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Luuka, Namutumba, Mayuge and Namayingo. Soroti Soroti, Amuria, Kaberamaido, Katakwi, Bukedea, Ngora, Serere and Kumi. 3. Eastern Mbale Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Pallisa, Bulambuli, Kibuku and Kween. Tororo Tororo, Busia, Butaleja, Manafwa and Bududa. Arua Arua, Koboko, Zombo, Nebbi and Maracha. Gulu Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Amuru. 4. Northern Moroto Moroto, Abim, Nakapiripirit, Amudat, Kotido, Napak and Kaabong. Lira Lira, Apac, Oyam, Dokolo, Otuke, Aleptong, Kole and Amolatar. Moyo Moyo, Adjumani and Yumbe.

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IG Kampala Regional Office inaugurated

H.E. the Danish Ambassador officially opening IG’s th16 Regional Office in Kampala.

The Inspectorate of Government officially inaugurated its th16 Regional Office as part of the activities to commemorate the International Anti-Corruption Day 2013.

Speaking at the colorful function, the Danish Ambassador to Uganda, H.E Dan E. Frederikson hailed the Inspectorate for the promotion of good governance in Uganda, but warned that the country’s economy will continue to slow down if theft and misuse of public funds are not dealt with. He also condemned the recent freeze of the Anti-Corruption Court, which he said has retarded the fight against corruption. He urged the Judiciary to handle the Constitutional petition against the court expeditiously so that it could resume operations. The court has since been reopened.

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The office is located at Plot 1645 Gyagenda Road, Ntinda-Kiwatule. It will handle complaints from Mubende, Mityana, Gomba, Butambala, Mpigi, Wakiso and Kampala area.

DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES

REPORT TO PARLIAMENT JULY – DECEMBER 2013 8 INSPECTORATE OF GOVERNMENT CHAPTER: 2IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION

2.1 INTRODUCTION

In the implementation of the Anti-Corruption function the IG carries out investigations where commission of any offence under the Anti-Corruption Act 2009 or the Leadership Code Act is alleged. Where the subject of an investigation is found to have committed an offence he/she may be arrested and prosecuted. Disciplinary action in varying degrees from warnings to dismissal may also be recommended to the supervisors of public officers and monies lost or embezzled recovered from the culprits. Assets may also be confiscated from a public officer who investigations establish to have acquired them through corrupt means.

This Chapter, therefore, gives brief facts about investigations of corruption, arrests and prosecutions that were carried out during the reporting period. The chapter also highlights the findings and recommendations made by the IG in its role to ensure proper use of NUSAF II and PRDP II funds.

2.2 INVESTIGATIONS

The table below illustrates the comparative analysis of the general investigations carried out during the current and previous reporting periods.

Table: IV Investigations carried out by the Inspectorate

January – June 2013 July – December 2013 a Complaints brought forward 4,895 5,382 b Investigations from Audit Reports 42 53 c New complaints received/initiated 1,363 1,513 d New verifications of leaders’ declarations 8 14 e Total workload = a + b + c + d 6,308 6,962 f Investigated & completed 712 822 g Verifications concluded 18 23 h Referred to other Institutions 183 144 i Rejected complaints 13 21 j Total complaints concluded = f + g + h 926 1,010 k Carried forward = e – i 5,382 5,952

As indicated in the table above, the Inspectorate had a total workload of 6,962 complaints during the current reporting period compared to 6,308 complaints which were handled during the previous period (January – June 2013). Out of 1,513 complaints that were received 181 complaints were those received through the new SMS Reporting System that was launched in June 2013. The chart below shows a comparison of investigations that were handled during the previous reporting period and the current one.

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Figure 1: Graph showing general investigations by the Inspectorate

1200 1010 1000 926 822 800 712

600 Jan - June 2013 July - Dec 2013 400

183 200 144 13 21 0 Investigated & Referred to Complaints Total completed other agencies Rejected Concluded

The graph above shows that a total of 822 complaints were investigated and completed during the current reporting period compared to 712 complaints that were completed during the previous period. This shows that the performance of the IG, as far as investigations are concerned, improved during the current period.

A total of 1,050 corruption complaints which accounted for 69.4% of the total complaints were received. The corruption complaints received during the current reporting period increased by 22.7% compared to the previous period (January – June 2013) which was 856. A total of 545 corruption complaints were investigated and completed while 386 complaints were completed during the previous reporting period.

Of the total number of new corruption complaints received by the Inspectorate, 665 (63.3%) were received at the Headquarters in Kampala while 385 (36.7%) were registered at the Regional Offices.

The nature of corruption complaints investigated and completed during the period, are shown in the table below:

Table V: Corruption complaints investigated and completed during the period July – December 2013

Corruption Complaints Number of Complaints %age 1 Abuse of office 149 18.1% 2 Forgery and uttering of false documents 59 7.2% 3 Embezzlement 56 6.8% 4 Bribery 34 4.1% 5 Misappropriation 62 7.5% 6 Conflict of interest 31 3.8% 7 Corruption 86 10.5% 8 False Claims 21 2.6% 9 Audit Queries 37 4.5% 10 Extortion 10 1.2% 11 Sub Total 545 66.3%

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Analysis of the complaints received by the Inspectorate of Government during the period July – De- cember 2013 show that those against district administrators together with individual public officers are the highest each accounting for 15.9% of the total complaints received. These were public officials who were alleged to have used their offices for private gain. There are several types of corruption that occur in local governments. Some are more common than others, and some are more prevalent to local governments than to larger segments of Government. Local governments may be more susceptible to corruption because interactions between private individuals and officials happen at greater levels of intimacy and with more frequency than at decentralized levels. Forms of corruption pertaining to money like bribery, extortion, embezzlement, and graft are commonly found in local government systems. Other forms of corruption found are nepotism and patronage. There is therefore need to strengthen auditing in local governments.

Another category that was complained against most was Municipal Councils/Town Councils accounting for 9.2% of the total complaints received. The nature of complaints in this category included mishandling of tenders/contracts, conflict of interest, abuse of office, embezzlement and property -dis putes. Most complaints in this category were registered at the regional offices. Municipalities require more local officials to represent and manage them. With more officials, it becomes more difficult to monitor their activities. This encourages corruption to occur because there is less likelihood of getting caught and prosecuted.

The 4th ranked category was Uganda Police which accounted for 7.7% of the total complaints registered. The nature of complaints against police included mishandling of cases, bribery, abuse of office, and delay of service delivery. The Uganda Police Force is the most bribery-prone institution in the country, because bribery is either demanded by Police or offered by the people seeking service from the police. The Police Standards Unit is doing a commendable job to instill discipline in the force but they need to be strengthened in order to be more effective in curbing internal corruption.

Complaints against head teachers (both primary & secondary schools) were the 5th highest accounting for 6.8% of the total complaints received. Most complaints against school administration involved mismanagement, nonpayment of employees, victimization/oppression and general misconduct. There is need to demand a commitment to high quality education that’s available to all. For this, policy information that is clear and easy to understand is needed. National, district and school budgets need to be published in detail so that monitoring of resources allocated is made easier. Confidential complaint channels are essential to report suspected corruption without fear of retaliation. It is important to have clear regulations controlling education finance and management. These give guidelines on new schools, exam processes and fees. Regular external audits must take place to detect and deter fraud. And frequent school inspections can prevent corruption in teacher management and behaviour. Consistent penalties for abuses are also needed. No teacher should be appointed without proof of their qualifications and experience.The details of complaints against institutions/departments are contained in table XIII of this report.

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2.3 ARRESTS MADE

As stated earlier the IG has powers to arrest or cause arrests of people who investigations reveal to have engaged in corrupt practices and abuse of office or authority or who for no good reason refuse or ignore to respond to summons issued by the IG. During the period under review, twenty eight (28) public officers were arrested for various corruption offences and most of them are being prosecuted in the courts of law. For details of the arrests that were effected see appendix B of this report.

2.4 PROSECUTIONS

2.4.1 Introduction:

The powers of the Inspectorate of Government to prosecute or cause prosecution of suspects alleged to have been engaged in corruption and abuse of office are derived from the Constitution of the Re- public of Uganda which provides in Article 230 that:

“The Inspectorate of Government shall have power to investigate, cause investigation, arrest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office”.

During the period under review, the IG prosecuted one hundred twenty one (121) cases, out of which one hundred and nine (109) were carried forward from the previous period (i.e. on-going cases and pending appeals as at 30th June 2013) and twelve (12) were new cases registered in courts of law during the reporting period. Three (3) cases resulted into conviction, two (2) resulted in acquittals, two (2) cases were withdrawn and none abated. Eighty five (85) cases were on-going at first trial and thirty one (31) cases were on appeal, as at 31st December, 2013. For details of cases that were prosecuted by IG during the period under review, please see Appendix C of this report. Figure 2: Graph showing the trend of arrests and prosecutions for the Years 2006 – 2013

300

266 250 Arrests Prosecutions 200 Linear (Prosecutions) 168 150 154

116 120 100

70 70 72 60 64 66 50 44 31 26 24 12 0 2006 2007 2008 2009 2010 2011 2012 2013

The graph above shows that there is an upward trend of prosecutions conducted by the IG.

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2.4.2 Constraints encountered in prosecution of cases

(i) One major constraint was stay of proceedings before magistrates who are under the High Court Anti-Corruption Division. During the reporting period the court that handles the bulk of IG cases was closed making it impossible for IG to conclude cases in that court.

(ii) Other courts country wide have many cases and they do not prioritize hearing of corruption cases.

2.5 CIVIL CASES

Through execution and enforcement of its actions and or recommendations as per the investigations, the Inspectorate of Government in effect attracts challenging applications and constitutional petitions that seek for orders of certiorari, mandamus, prohibition, damages and interpretation of the law.

The IG defends such applications and petitions and also gives and responds to instructions obtained from the Attorney General’s Chambers. IG also drafts such responses and answers to the filed Court pleadings and defends, submits and appears in Courts of Law.

For the period under review, IG successfully concluded seven (7) cases and fourteen (14) cases are still on-going out of which two (2) are pending a ruling. For details of civil cases that were handled by IG in the reporting period, please see Appendix D of this report. The table, however, excludes cases where the IG due to lack of corporate status was substituted by the Attorney General.

2.5.1 Challenges faced by the IG in Civil Litigation

(i) The period under review was a court vacation and characterized by a criminal session.

(ii) Lack of corporate status has impacted IG performance as most litigants prefer suing the Attorney General in representative capacity.

(iii) Lack of the Leadership Code Tribunal stipulated under Article 235 A of the Constitution for the enforcement of the Leadership Code Act which has left some recommendations of the IG in lim- bo for fear of being challenged in court.

(iv) Continuous transfers of the judges and lack of quorum at an appeal level cause delays in conclusion of cases.

(v) Continuous adjournments by the presiding judicial officers for various reasons.

2.5.2 Recommendation

(i) Amend the law in order for the IG to attain corporate status.

(ii) Establish the Leadership Code Tribunal.

2.6 MONITORING AND INSPECTION OF GOVERNMENT PROJECTS

2.6.1 ENSURING TRANSPARENCY AND ACCOUNTABILITY IN NUSAF II PROJECT

The Northern Uganda Social Action Fund II (NUSAF II) is a demand driven multi-sectoral project that was designed to be implemented under the Peace, Recovery and Development Plan (PRDP) funded through International Development Association credit.

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The project provides a ring fenced budget to strengthen measures and ensure transparency, accountability and anti-corruption in the project area, using the project as an entry to the development and implementation of improved systems for use by communities and local authorities.

The Inspectorate of Government was co-opted under the Transparency, Accountability and Anti-Cor- ruption (TAAC) Sub-component of NUSAF II and PRDP II to ensure efficiency of public expenditure -un der the funds.

2.6.2 NUSAF II Inspection and Monitoring

In the period under review, NUSAF II inspection reports from the districts of Bukwo, Kween, Katakwi, Gulu, Alebtong and Kole districts were issued and below are findings and recommendations;

(1) NUSAF Inspection in Bukwo and Kween districts

(i) It was established that all the sub-projects physically exist on the ground and implementation was ongoing. The target communities fully participated in the procurement process for their respective sub-projects. Communities were also involved in the supervision of the sub-projects. The sub-projects inspected received the funds and are using the money for the proposed activities.

(ii) The sub-projects under Bukwo district did not present bank statements to verify receipt of the disbursed funds. However, most of the sub-projects had not paid out any funds as the projects were still at foundation level.

(iii) Bukwo and Kween NUSAF II Desk Officers do not have vehicles to facilitate supervision and monitoring of the sub-projects effectively. The poor state of the road network, especially during rainy season in the two districts greatly affects the implementation of NUSAF II.

(iv) Although Bukwo district had earlier been provided with a vehicle, it got involved in an accident in 2012 and requires Shs.42,424,168/= for the repair of the damaged body parts and engine. The vehicle was taken to the supplier/Cooper Motors (U) Ltd with the authority of the PS, OPM but Bukwo district is not in a position to raise enough funds to meet the cost of the repairs;

(v) Kween district is behind schedule in NUSAF II implementation. This is explained by the laborious process of splitting Kween district from Kapchorwa. However, the failure by the OPM to remit funds for training of the CMC, CPC and SAC members is rendering idle the 6th disbursement of Shs.260,083,483/= sent to the district.

Given the above findings, it was recommended that:

a) In accordance with paragraph 1.2 (a) and (c) of the MOU between OPM and the District Local Government, the Office of the Prime Minister should:

(i) Meet the cost of repair of the NUSAF II vehicle for Bukwo district because Bukwo does not have the capacity to raise funds of the magnitude required for the repairs;

(ii) Consider procuring a NUSAF II vehicle for Kween district to facilitate supervision and monitoring of NUSAF II implementation.

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b) The Office of the Prime Minister should urgently remit training funds for CMC, CPC and SAC to Kween district to enable utilization of the funds remitted under the 6th disbursement in order to benefit the intended communities.

c) The NUSAF II Desk Officer, Bukwo district should ensure that the respective sub-projects extract their bank statements in a timely manner.

(2) NUSAF II Inspection in Alebtong and Kole Districts

The inspection established that;

(i) All the sub-projects inspected were established in accordance with NUSAF II guidelines. The people who benefitted from them were needy and also the schools which benefitted from CIR Projects indeed lacked the teacher’s houses and the toilets for the pupils.

(ii) For all the twenty three (23) sub-projects inspected it was confirmed that they physically exist on the ground. This was manifested by the various members met, testimony given by the beneficiaries, sign posts and animals seen on the ground, and the classrooms and toilets constructed. However, piggery as a sub-project has registered the highest number of animal deaths.

(iii) Accountability of funds for the projects visited was above 95% and the record keeping system at the offices of Lira and Apac NUSAF II District Coordinators (NDC) and sub-projects was satisfactory.

(iv) NUSAF II activities for both Alebtong and Kole districts are still being managed in Lira and Apac districts respectively as mother districts. This hampers smooth coordination of activities on the ground and their inspection.

(v) In all CIR and HISP projects visited the beneficiaries are aware of the need to plant trees to check on environmental degradation, but due to a prolonged dry season, trees could not be planted, and those that had been planted dried up.

In view of the above findings, it was recommended that:

(i) Piggery as a sub-project should be considered for being phased out and replaced by cattle or goat rearing.

(ii) The Office of the Prime Minister should expedite the process of granting both Alebtong and Kole districts autonomy to enable them manage their NUSAF II activities independently from Lira and Apac districts.

(iii) The NDC and trainers of beneficiaries should continue to emphasize the importance of conserving the environment and ensure its implementation among the beneficiaries.

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(3) NUSAF II Inspection in Katakwi district

Inspection established that:-

(i) All the funded sub-projects existed and implementation was ongoing. The sub-project members fully participated in the procurement processes for their respective sub-projects. However, some challenges were encountered in implementation;

(ii) The contract prices for eleven (11) construction projects exceeded the amounts approved by OPM;

(iii) Corrections to the ring beam at Akwamor Primary School had not been effected;

(iv) Pit latrines at eight (8) sub-projects sites had not been sunk and constructed;

(v) NUSAF II sign posts were not erected at three sub-project sites;

(vi) The former Head teacher of Odoot Primary School did not hand over the sub-project files to the new Head teacher of the school;

(vii) All sub-projects visited had submitted accountability for the funds disbursed. However, only fifteen (15) sub-project files had accountability summary sheets. In addition, the accountabilities on file for seven (7) sub-projects did not tally with the sum on the financial tracker;

(viii) The sub-project members fully participated in the procurement processes for their respective sub-projects.

Given the above findings, it was recommended that:-

(i) Corrections to the ring beam at Akwamor Primary School teachers’ houses are properly implemented;

(ii) Pit latrines are constructed at the eight schools at which works had stalled;

(iii) Sign posts are procured and erected for easy identification of all NUSAF II funded sub-projects;

(iv) Sub-project records including accountabilities are up to date and properly maintained. That the accountability information on a sub-project file tallies with the information on the financial tracker.

2.6.3 NUSAF II Training

During the period under review IG also carried out training of NUSAF II Community Project Manage- ment Committees (CPMCs), Community Procurement Committees (CPCs) and Social Accountability Committees (SACs) in Oyam, Dokolo, Alebtong, Amolatar, Kibuku, Budaka, Pallisa, Kween, Bulambuli and Sironko districts.

2.7 Inspection and Monitoring of Peace, Recovery and Development Plan (PRDP)

2.7.1 Introduction

PRDP was launched by Government of Uganda in 2007 and started full scale implementation in 2009. Its overall goal is to stabilize Northern Uganda and lay a firm foundation for recovery and development.

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There are four strategic objectives of PRDP II namely: -

(i) Consolidation of State authority;

(ii) Rebuilding and empowering communities;

(iii) Revitalization of the economy; and

(iv) Peace building and reconciliation.

In as far as the transparency and accountability assurance in PRDP II implementation is concerned; the Inspectorate of Government has been incorporated in the program to improve performance and value for money.

In the period under review, PRDP II funds and activities in the Education Sector were monitored in the districts of Koboko, Maracha, Masindi, Kiryandongo, Agago, Pader, Nakapiripirit, Amudat, Serere, Ngora, Katakwi, Kaberamaido, Kween, Bukwo, Mbale, Manafwa, Budaka, Kibuku, Lamwo, Kitgum, Busia and Tororo. Some of the monitoring reports are detailed below;

2.7.2 Inspection of PRDP II Project in Pader District

The inspection was carried out to establish the following:-

(i) Whether the funded projects exit

(ii) Whether the projects are being implemented in accordance with the PRDP II guidelines.

(iii) Whether there was value for money.

2.7.2.1 Findings

In the Financial year 2012/2013, Government released a total of Shs.2,624,293,000/= to Pader District. These funds were credited to the District General Collection Account. Of this amount, Shs.596,602,000/= was for the Education sector.

The fund was meant for construction of three classroom blocks at nine primary schools. Upon inspection IG confirmed that all the funded projects existed. Works at six of the schools had been implemented in accordance with the PRDP II guidelines. Some of the classrooms were already in use.

However construction work at Acutomer P/S and Olambyera P/S was not yet complete although the project period ended.

The following defects were noted in some of the sub projects:-

(i) Cracks on the classroom floor, access ramp, walls;

(ii) Poor finishing on blackboards, verandahs;

(iii) Poor workmanship on the anti termite projections;

(iv) Poor fastening of the lightening arrester at Te Okutu P/S;

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(v) Installation of three (3) pin boards per classroom and sign board with details of contractor and planting of at least fifty (50) shade and citrus trees was not done at any of the construction sites;

(vi) Lightening arresters at Alim P/S, Laminajiko P/S, Lupwa P/S and

Lakoga P/S were missing;

(vii) The BoQ for Acutomer P/S did not provide for installation of a lightening arrester;

(viii) Some Contractors interviewed complained about delay in handling their invoices.

2.7.2.2 Recommendations

(i) The District should plan and install a lightening arrester at Acutomer P/S;

(ii) The CAO should ensure that:-

a) All the defects noted are rectified by the Contractors before final payments are made;

b) The sign board, pin boards and lightening arresters are correctly put in place and trees planted by the contractors;

c) Certified works are paid for without unnecessary delay;

d) Elyak Technical Services completes supply of the desks as contracted.

(iii) Retention money should not be paid until the defects are rectified.

(iv) Supervision of Contractors should be scaled up and with care.

2.7.2.3 Site Visits

Six (6) projects were visited, inspected and photographs taken to show the status of the projects:

1) Acutomer P/S

The school is located in Acholibur Sub-County, Gemonyot Parish. Shs.77,001,000 was budgeted by Pader District Local Government (PDLG) for construction of a three classroom block at the school in the FY 2012/2013.

At the time of inspection, the classroom block was roofed and partly plastered at the front. Doors and windows were not fitted. No verandah was constructed. The construction was behind schedule.

The contract site Foreman, informed the IG team that works were behind schedule because of delays in release of funds by the District.

Elyak Technical Services Ltd was awarded the contract to supply 54 desks to the school at Shs.7,290,000=. At the time of inspection, the desks had not yet been supplied. The contractor had first supplied desks to three other schools, Laminajiko, Lakoga and Lanyatido. The contractor was reported to be complet- ing making the remaining desks.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 18 INSPECTORATE OF GOVERNMENT

Above: Sign board with details of contractor Below: Front view

2) Lamincila P/S

The school is located in Awere Sub County, Lagile Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at this school in the FY 2012/2013.

At the time of inspection, construction work was found to have been completed and the building was in use. A lightening arrester had been installed.

However, some defects seen included cracks at the front sections of the classrooms and the blackboard was rough and not properly painted.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 19 INSPECTORATE OF GOVERNMENT

Lamincila P/S Classroom Block

Cracks in sections of the floor

3) Lanyatido P/S

The school is located in Lapul Sub-County, Koyo Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.

At the time of inspection, the classroom block was complete and in use. A lightening arrester was fitted. However, the classroom floors were poorly done and were peeling.

Fifty four (54) desks had been supplied by Elyak Technical Services Ltd and were already in use.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 20 INSPECTORATE OF GOVERNMENT

Lanyatido P/S Classroom Block

Section of poorly done floor peeling off Desks supplied

4) Olambyera P/S

The school is located in Ogom Sub County, Pukor Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.

At the time of inspection, the classroom block had been roofed and plastered. Doors and windows had been fitted. A lightening arrester was installed. The building had, however, not been painted but the contractor was at site and preparing to start painting.

The defects noted were cracks on the floor of the classrooms which the contractor promised to rectify. He attributed the cause of the cracks to the nature of poor sand in the district.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 21 INSPECTORATE OF GOVERNMENT

Olambyera P/S classroom block

Cracked floor

5) Lupwa P/S

The school is located in Pader Town Council, Acoro Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.

At the time of inspection, the construction of the three classroom block was complete and the building was in use.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 22 INSPECTORATE OF GOVERNMENT

Lupwa P/S Classroom block

Defects noted included broken anti termite projection and cracks on the floor as shown in the pictures below:

Broken anti termite projection Cracked floor

6) Alim P/S

The school is located in Pajule Sub County, Paiula Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.

At the time of inspection, the construction of the three classroom block was found complete and the pupils were already using the classrooms.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 23 INSPECTORATE OF GOVERNMENT

Alim P/S classrooms block

Pupils sitting on the floor in class

The structure had defects which included one broken window, the hinges on all the windows were poorly done and could not open and close easily. The floor below the blackboards was poorly done revealing cracks and the blackboards were rough.

Broken window Poor finishing of floor below the blackboard

REPORT TO PARLIAMENT JULY – DECEMBER 2013 24 INSPECTORATE OF GOVERNMENT

CHAPTER: 3IMPLEMENTATION OF THE OMBUDSMAN FUNCTION

3.0 INTRODUCTION

3.1 The Ombudsman function of the Inspectorate of Government is derived from Article 225(1) (a) (c) and (e) of the Uganda Constitution which outlines the functions of the Inspectorate of Govern- ment as hereunder;

(a) To promote and foster strict adherence to the rule of law and principles of natural justice in administration.

(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office.

(d) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority towhich this article applies, taken, made, given or done in exercise of administrative functions.

Section 8 of the Inspectorate of Government Act 2002 is a replica of the above provision.

The Inspectorate of Government fulfills the above functions and the Ombudsman function through investigation of maladministration and administrative injustice within public offices and recommends corrective actions.

The Inspectorate of Government fulfills these functions through investigation of maladministration and administrative injustice within public offices and recommending corrective actions.

IG mainly handles ombudsman complaints such as:

(i) Employment disputes e.g. irregular recruitments, unfair dismissals and victimization.

(ii) Non-payment or delayed payment of salary, salary arrears, leave allowances, pension, gratuity and terminal benefits and failure to access/deletion from the payroll.

(iii) Inheritance and administration of estates disputes.

(iv) Property disputes.

(v) Improper tendering procedures especially by both central and district local governments.

(vi) Irregularities in procurement procedures.

(vii) Abuse of office by public officials.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 25 INSPECTORATE OF GOVERNMENT

During the period under review, the institution mostly complained about was the Ministry of Public Service. Many complaints relating to deletion of names from payroll, non-payment of gratuity pension and salary arrears were successfully handled and the complainants were paid.

The Inspectorate had a total of 1,947 ombudsman complaints. 460 of these were new complaints received during the period while 1,487 were complaints brought forward from the previous period. Out of 460 complaints received, 21 complaints were found to lack merit. 117 complaints were processed and referred to other institutions, while 254 complaints were investigated and completed and 1,555 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits.

Table VI: Ombudsman complaints investigated and completed during the Period July – December 2013

Nature of Complaint Number %age Mismanagement 70 8.5% Non payment of salaries and other benefits 68 8.3% Property Disputes 37 4.5% Tenders & Contracts 25 3.0% Delay of service delivery 32 3.9% Victimization/oppression 18 2.2% others 4 0.5% Sub Total 254 30.9%

3.2 Challenges in implementation of Ombudsman Investigations

a) Reluctance, delays and/or refusal by some Government Institutions to respond to IG inquiries greatly slows down IG’s work. Institutions that are notorious for this are Uganda Police, Lands office, Uganda Land Commission, Ministry of Lands, Housing and Urban Development, Ministry of Public Service, District Land Boards, Uganda Peoples Defence Forces and the Uganda Regis- tration Services Bureau.

b) Investigation of land related cases has also become increasingly costly as the Ministry of Lands, Housing and Urban Development is now charging fees for documents and retrieval of information.

3.3 Recommendations to Government

(i) Every government department should have a Liaison Officer for the IG for purposes of speeding up response to inquiries.

(ii) Action officers who ignore to implement IG recommendations, orders and directives for no good reason, should be summoned to answer before the relevant Parliamentary Committees.

(iii) Government should adequately fund its departments to enable speedy resolution of payment related complaints and avail adequate facilities like computers to ease data retrieval by investigators.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 26 INSPECTORATE OF GOVERNMENT

(iv) The Ministry of Lands, Housing and Urban Development and Uganda Land Commission should consider availing documents required by IG investigation teams at no cost.

3.4 Future Plans

Continuous training of staff through formal training and attachment to other anti-corruption and ombudsman institutions such as the Danish and Dutch Ombudsman Institutions that have taken up the initiative to provide support to the IG in terms of training, sharing of ideas and exchange visits.

3.5 Policy and Systems Study

3.5.1 Background

The Constitution and the Inspectorate of Government Act, 2002, empower the Inspectorate of Govern- ment to promote fair, efficient and good governance in public offices towards the main goal of attaining zero tolerance to corruption. Given that strengthening of institutions is a key anti-corruption measure, the Inspectorate of Government carries out system studies and systemic investigations into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identify loopholes that may be susceptible to corruption and make recommendations for remedial measures. This is aimed at improving service delivery in Government Departments, Ministries, Government companies and Parastatals.

The Inspectorate of Government selects the institutions to be studied on the basis of information received through public complaints, media reports, audit reports, monitoring and evaluation reports and periodic surveys. In addition, institutions complained about most through the written public complaints to the IG are also considered when selecting the policy and system studies to be carried out.

It is imperative to note that policy and system studies cover a wider scope of inquisition and are thus typically expensive to conduct. Consequently, during the period under review, the Inspectorate of Government concentrated on four (4) major system studies.

3.5.2 A systems study into the alleged mismanagement and decline in immunization service delivery in Uganda

This particular policy and system study was initiated as a result of a complaint received by the office alleging vaccine stock-outs, shortage of immunization kits, logistics and lack of other supplies in the hospitals of the different districts of Uganda. Investigations and verifications were done in the sam- pled (33) districts in the Central, Northern, Eastern, Southern and Western regions of Uganda. A report detailing the findings and recommendations is under review.

3.5.3 A systems study into alleged mismanagement of Uganda Printing and Publishing Corporation (UPPC)

The Inspectorate of Government also initiated a system study into the management of Uganda Printing and Publishing Corporation (UPPC). The study was commissioned as a result of an inquiry that was conducted in regard to the recruitment of the Managing Director of the Corporation.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 27 INSPECTORATE OF GOVERNMENT

In the course of the inquiry, it was established that UPPC had many other management, financial, human resources, administrative and procurement flaws that required systemic investigations. Various written complaints were also received by the office in relation to this matter. This study is on-going.

3.5.4 A systems study into the management of Mulago Hospital

The policy and system study was initiated as a result of numerous complaints received by the office in regard to the day-to-day management of affairs in the National Referral Hospital – Mulago. Investiga- tions have commenced and a preliminary report is being prepared to inform management on the next course of action in regard to this matter.

3.5.5 A systemic review of the procedures of appointing administrative staff at Makerere University

This systemic review was initiated as a result of a complaint received by the office from Graduate Sup- port staff of Makerere University who alleged favoritism, nepotism, sectarianism, lack of transparency and discrimination with regard to the methods of recruitment and promotions used by the University. A draft report is under review before issuance of the final report.

3.5.6 Challenges in carrying out Policy and Systems studies

During the period under review, a number of challenges which included; lack of sufficient human, financial and material resources were encountered and these inhibited the completion of the planned studies.

3.5.7 Future Plans

IG intends to complete the following on-going inquiries:

(i) A policy and system study into the management of Uganda Printing and Publishing Corporation (UPPC).

(ii) A policy and system study into the management of Mulago Hospital.

(iii) Initiate a policy and system study into management of UNRA Kampala station and other upcoun- try stations.

(iv) Initiate a policy and system study into the process of recruiting staff and students in selected government nursing and paramedical schools.

(v) Conduct dissemination workshops for the affected stakeholders so as to enable implementation of recommendations contained in the system study reports.

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CHAPTER: ENFORCEMENT OF THE LEADERSHIP 4CODE OF CONDUCT 4.0 The Inspectorate’s Constitutional Mandate to enforce the Leadership Code of Conduct

Pursuant to Article 225(1) (d) and 234 of the Constitution of the Republic of Uganda, 1995, Section 3 (1) of the Leadership Code Act, 2002 and S.8 (1) (d) of the Inspectorate of Government Act, 2002 the Inspectorate of Government is mandated to enforce the Leadership Code of Conduct.

The Leadership Code Act, 2002 provides for a minimum standard of behavior and conduct for leaders; it requires all specified leaders to declare their Incomes, Assets and Liabilities to the Inspector General of Government. The Code prohibits conduct that is likely to compromise the honesty, impartiality and integrity of leaders or conduct that leads to corruption in public affairs and it imposes penalties on leaders who breach the Code.

Section 37 of the Leadership Code Act, 2002 provides that the Inspectorate shall include in its Statutory Report to Parliament a report on its enforcement of the Code. 4.1 Activities carried out during the period July – December 2013 4.1.1 Management of leaders’ declarations of income, assets and liabilities forms

Section 3 of the Leadership Code Act, 2002 empowers the Inspectorate of Government to receive and examine declarations submitted by leaders. During the period under review, a total of 9,551 declaration forms submitted in March 2013 were examined, entered in the data base and acknowledgement slips issued to the respective leaders.

The IG has already identified the leaders who have defaulted in declaring their income, assets and liabilities for the period ending March 2013. Majority of leaders who have not declared their wealth are UPDF officers, Police, ESO, ISO, Makerere University, Kyambogo University and URA. The process of sending them reminders to comply with the law has been embarked on.

4.1.2 Verification of leaders’ declarations of Incomes, Assets and Liabilities and investigations into allegations of the breach of the Leadership Code:

During the period under review, income, assets and liabilities of fourteen (14) leaders were verified and a total of forty four (44) properties were physically inspected and sixty four (64) bank accounts inspected.

A total of twenty three (23) verifications and investigations were completed.

Outcome of verifications and investigations:

(i) In five (5) cases, the leaders gave satisfactory explanations for their income, assets and liabilities.

(ii) One (1) case, a matter with similar facts involving the same parties was before the courts of law.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 29 INSPECTORATE OF GOVERNMENT

(iii) One (1) case recommended the leader’s properties for valuation.

(iv) Three (3) cases the leaders were advised.

(v) Two (2) public officers were cautioned to take their declarations more seriously.

(vi) In eleven (11) cases no breach of the Code was established. 4.2 Constraints encountered in enforcing the Leadership Code of Conduct

(i) Lack of a Leadership Code Tribunal and the delayed amendment of the Leadership Code Act, 2002 is a significant challenge to the enforcement of the Leadership Code and contributed to the decline in adhering to the Code of Conduct by leaders.

(ii) Difficulties and delay in the verification of information in respect to the leaders’ income, assets and liabilities due to lack of a proper record keeping culture.

(iii) Delays in accessing information from government registries also delays the search process hence affecting timely completion of files. 4.3 Future Plans for the period July to December 2013

(i) Completion of thirty two (32) cases of investigations of breach of the Code and verification of leaders’ incomes, assets and liabilities.

(ii) Issue declarations of income, assets and liabilities forms to 1,500 leaders who are due to declare by the end of March 2014.

(iii) Receive and examine at least 95% of the submitted declarations of income, assets and liabilities by leaders. 4.4 Recommendations to Government

(i) There is urgent need for the amendment of the Leadership Code Act and the establishment of the Leadership Code Tribunal to enable effective enforcement of the Code. This will also en- courage leaders to comply with the Code.

(ii) There should be frequent updating of the records in the various Government registries to enable accurate data/information retrieval.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 30 INSPECTORATE OF GOVERNMENT CHAPTER: 5PREVENTIVE MEASURES 5.0 INTRODUCTION

Under the Constitution, the Inspectorate of Government is mandated to sensitize and educate the public about the values of constitutionalism in general and the activities of the office in particular, through any media or any other means it considers appropriate. Hence the Inspectorate of Government Cor- porate and Development Plan (CADP) 2010-2014 recognizes the need to enhance the Inspectorate’s image and regional presence in all parts of the country. The aim is to deliver services to grass root citi- zenry and to formulate partnership and collaborative efforts with various sections of the public in order to fulfill the IG mandate of fighting corruption, abuse of office and administrative injustices. The public is, therefore, educated about their Constitutional right to access public services without having to pay bribes or any other extra costs and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and to report corrupt practices, mismanagement or abuse of public office to the Inspectorate of Government.

The following public awareness programmes and sensitization activities were carried out by IG during the period under review.

5.1 Public Awareness Programmes and sensitization

Four (4) workshops under NUSAF II were carried out in various districts under the theme “improving community livelihood through efficient NUSAF II implementation”. The purpose of these workshops was to educate and inform the various stakeholders about Government projects in terms of their goals and strategy of implementation so as to maximize value to intended beneficiaries.

The four workshops for Social Accountability Committee (SACs) members were conducted in the Kar- amoja and Teso sub-regions as detailed below:

(i) On 21/10/2013 a workshop was held at Karitas Catholic Hall in Kotido involving 217 participants from the districts of Kotido, Abim and Kaabong.

(ii) On 23/10/2013 a workshop was held at Kalip Hall in Moroto and was attended by 100 participants from the districts of Moroto and Napak.

(iii) On 25/10/2013, another workshop was held at Hill view Hotel in Nakapiripirit and was attended by 126 participants from the districts of Nakapiripirit and Amudat.

(iv) On 22/11/2013, the Teso sub-region workshop was held at Kumi Hotel and was attended by 378 participants from the districts of Kumi, Bukedea and Ngora.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 31 INSPECTORATE OF GOVERNMENT

The Chief Guest, Hon. Minister for Karamoja making her remarks at the workshop held in Moroto.

The Deputy IGG (2ndright) participating in the deliberations at a Workshop held in Moroto

REPORT TO PARLIAMENT JULY – DECEMBER 2013 32 INSPECTORATE OF GOVERNMENT

The RDC of Kumi district making her closing remarks at a workshop held in Kumi.

A participant raises a question at a workshop in Kumi.

5.2 International Anti-corruption day celebrations/public dialogue

During the period under review, IG organized a series of activities for the anti-corruption week celebrations running from 2nd to 9th December, 2013. The activities included; an anti-corruption procession, a press conference, boardroom sessions, TV and Radio talk shows which culminated into a public dialogue on the International Anti-corruption day celebrations on 9th December, 2013 at Speke Resort Hotel and Conference Centre Munyonyo. On the same day IG also celebrated twenty five (25) years of existence and launched IG logo.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 33 INSPECTORATE OF GOVERNMENT

Rt. Hon. Prime Minister ready to flag off activities to mark the Anti-Corruption week December 2013

The chief walker (center) Right Honorable Prime Minister of Uganda leads an Anti-corruption Procession through the streets of Kampala on 2nd December, 2013.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 34 INSPECTORATE OF GOVERNMENT

The IGG (2nd right) addressing a press conference at the National Theatre open ground on 2nd December, 2013

The Vice President unveiling the IG logo at Speke Resort Munyonyo during the International Anti-Corruption day celebrations 2013

REPORT TO PARLIAMENT JULY – DECEMBER 2013 35 INSPECTORATE OF GOVERNMENT

IG celebrating 25 years of existence with all former IGGs

Pupils of Kitante P/S performing a poem entitled: “25 years of fighting corruption: what next?”

5.3 Board Room Sessions

As part of the activities to mark the International Anti-Corruption Day, the Inspectorate of Govern- ment conducted Boardroom sessions with various Ministries, Departments and Agencies (MDAs). The purpose of the sessions was to create awareness of the functions and activities of the IG. During the Boardroom sessions a number of issues related to corruption were discussed. The MDAs visited include; Ministry of Health, Ministry of Works and Transport, Office of the Auditor General, Ministry of Local Government, Ministry of Lands, Housing and Urban Development, Ministry of Water and Environment, Ministry of Agriculture, Animal Industry and Fisheries, Ministry of Energy and Mineral Development and Ministry of Public Service.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 36 INSPECTORATE OF GOVERNMENT

In addition, sessions were also held with the Local Government officials of the districts that host IG regional offices.

5.4 Public Awareness through electronic media

A total of thirty eight (38) radio programmes and one (1) TV program were carried out under the funding of DANIDA, NUSAF II and PRDP Projects. These programmes were aired on the following Radio Sta- tions across the Country: Voice of Hoima, Mega FM-Gulu, Open Gate FM-Mbale, Rupiny FM-Gulu, Kioga Veritas-Soroti, Arua one FM-Arua, Nenah FM- Moroto, Eastern Voice FM-Bugiri, KFM-Kampala, Capital FM-Kampala, Radio One-Kampala, Radio Simba-Kampala, Voice of Lango and NBS television.

Also a total of four hundred eighty (480) spot messages were aired on a number of radio stations cover- ing regions under NUSAF II. These spot messages were aimed at sensitizing the public in NUSAF II and PRDP areas on how to report corruption complaints.

5.5 Integrity Ambassadors’ clubs activities

A total of thirteen (13) Integrity Clubs were financially, materially and morally supported during the period under review as detailed below:

(i) On 24th August, 2013 students of Bishop Stuart University –Mbarara held a seminar at their cam- pus under the theme “corruption the evil destroying Africa”.

(ii) On 13th September, 2013 The Integrity Ambassadors clubs of Nkumba University, held an anti-corruption seminar on the theme “youth act against corruption” the seminar was attended by 400 students from; Ndejje University, Bugema University, Makerere University, Kampala International University, Muteesa1 Royal University and Nkumba University.

(iii) On 22nd November, 2013 the students of Gulu University Integrity Ambassadors’ Club organized and hosted an inter-institution anti-corruption Music, Poetry and Drama contest. This activity was attended by 300 students from Gulu Core Primary Teachers’ College (PTC), Christ the King PTC, Unyama National Teachers’ College and Gulu University.

Above are the Integrity Ambassadors of Christ the King PTC performing their anti-corruption song and drama at the Inter-institution Poem, Music and Drama contest at Gulu University.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 37 INSPECTORATE OF GOVERNMENT

(iv) In addition, two (2) clubs; Mutesa 1 Royal University and Nkumba University participated in In- spectorate of Government Anti-corruption procession through the streets of Kampala on 2nd December, 2013.

(v) Thirty (30) pupils of Kitante Primary School supported by the Inspectorate of Government, prepared and performed an Anti-corruption poem during the IG anti-corruption day celebrations on 9th December, 2013 at Speke resort Hotel and Conference centre Munyonyo.

(vi) During the period under review, IG also conducted a monitoring and evaluation exercise on the performance of Integrity Clubs in Eastern Uganda. This activity aimed at monitoring the progress of the clubs over the years in order to determine their strengths and weaknesses as well as challenges. The Integrity Clubs monitored were; Busitema University-Tororo, Uganda College of Com- merce-Tororo, Uganda Technical College-Elgon, Islamic University In Uganda (IUIU)-Mbale, YM- CA-Jinja, Jinja School of Nursing and Midwifery, Busoga University-Iganga and Hotel and Tourism Training Institute (HTTI)-Jinja.

5.6 Training/sensitization of Public Servants This activity is dependent on invitations of IG from other institutions but a total of twelve (12) such programmes were carried out.

5.7 Performance challenges

During the period under review the IG faced a challenge of insufficient financial resources which -ham pered the completion of the public awareness planned activities. This is because the DANIDA support to the IG dwindled and NUSAF II funding was suspended.

5.8 Recommendations for policy consideration

(i) There is need to have a better strategy on preventive approach as opposed to reactive approach in the fight against corruption as has been clearly demonstrated in NUSAF II and PRDP II through the TAAC component. In the long run, this approach is cheaper and helps in reverting the decay- ing morals of our society.

(ii) In order to enhance youth participation against corruption there is need to increase funding for Integrity Clubs to spread further to secondary schools.

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CHAPTER: CAPACITY BUILDING THROUGH TRAINING AND 6INTERNATIONAL COOPERATION 6.1 INTRODUCTION

The Inspectorate of Government is committed to strengthening and building capacity of its staff by organizing relevant training programs and study tours both at individual and group levels. IG further appreciates that the war against corruption and promotion of good governance requires cooperation, support and exchange of ideas with other relevant institutions both at the national and international levels. IG therefore, interacts with as many stakeholders as possible at both national and international levels. This is done by not only organizing meetings, workshops and conferences for selected stakeholders but by also attending and participating in those organized by other stakeholders. IG also interacts with other stakeholders through exchange of visits and study tours. 6.2 TRAINING AND INTERNATIONAL CO-OPERATION PROGRAMMES FOR THE PERIOD JULY – DECEMBER 2013

TABLE VII: LOCAL TRAINING PROGRAMMES

No. of Staff Course Duration Venue Training in Report Writing for Grand Imperial Hotel 36 12th – 13th September 2013 Senior Staff.

TABLE VIII: INTERNATIONAL TRAINING AND CO-OPERATION

No. of Staff Course/Workshop/Meeting Duration Venue 4th Global Focal-Point conference on Asset One (1) 1st - 9th July 2013 Bangkok, Thailand Recovery. Specialized Programme training on Web 3rd August – 26th October One (1) Applications Development Using Open New Delhi, India 2013 Source Tools training. 13th ESAAMLG Council of Ministers Meeting. 26th Taskforce of Senior Officials Swkopmund, One (1) 2nd – 10th September 2013 Meeting and The G8 Sub-Saharan Africa Namibia AML/CFT Public Private Sector Dialogue Meeting on Harmonization of Laws Gov- Two (2) 8th -14th September 2013 Dar es salaam erning the Anti-Corruption Authorities 2nd Conference on African Anti-Corruption One (1) 15th - 20th September Accra, Ghana Authorities Conference. Regional colloquium for Ombudsman One(1) 18th-21st September 2013 Nairobi, Kenya Institutions in Africa. Study visit as part of building capacity in 22nd – 28th September Denmark Three (3) investigations and prosecution of corrup- 2013. tion and related crime.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 39 INSPECTORATE OF GOVERNMENT

No. of Staff Course/Workshop/Meeting Duration Venue One (1) Workshop on Illicit Financial Flows 24th -27th September 2013 Nairobi, Kenya. Washington, DC, Governance and Anti-Corruption Methods 27th September 14th Octo- One (1) United States of Seminar at the International Law Institute. ber 2013. America

Technical committee meeting for development of a Public awareness Strategy for Two (2) 6th -12th October 2013 Mombasa, Kenya. East African Association of Anti-Corrup- tion Authorities (EAAACA).

Meeting on Asset Recovery Network for One (1) 3rd – 6th November 2013 Kigali, Rwanda East Africa.

Presentation of the draft of Public Aware- ness and Communication Strategy to the One (1) Executive Committee meeting of East 3rd – 7th November 2013 Kigali, Rwanda African Association of Anti-Corruption Authorities (EAAACA). 7th Annual Executive Committee Meeting One (1) of East African Association of Anti-Corrup- 3rd – 7th November 2013 Kigali, Rwanda tion Authorities (EAAACA).

Training in whistle Blower and Witness Bujumbura, Five(5) 17th – 23rd November 2013 Protection Burundi

Experts Workshop on Practical and Techni- Hague, One (1) cal Issues for Witness Protection Program- 1st – 8th December 2013 Netherlands ming.

Training Programme for Heads of Public/ Gaborone, Two (2) Community Education and Corruption 2nd – 6th December 2013 Botswana Divisions (Phase 1)

Senior Leadership and Management Pretoria, South One (1) Programme for Heads of Anti-corruption 10th-14thDecember 2013 Africa Agencies.

6.3 MEDIA RELATIONS

During the period under review, IG had various press interactions and shared different press releases and activity reports with the press and these were published by various media houses.

The IG also published newspaper supplements in New Vision and Daily Monitor on Independence Day on 9th October 2013 and Anti-Corruption Day on 9th December 2013, which coincided with the 25th Anniversary of the Inspectorate.

The IGG and the two deputies appeared on different Radio and TV talk-shows to talk about the activities of the office. Their interviews on Capital FM’s Desert Island programme were published byThe Weekly Observer news paper.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 40 INSPECTORATE OF GOVERNMENT

6.4 WEBSITE MANAGEMENT

The IG continues to use its website to share information with the public. Most of the IG reports can now be accessed from the website. One has to just log onto www.igg.go.ug.

6.5 PUBLIC RELATIONS

The IG developed a new logo which was launched on 9th December 2013. The logo replaced the Court of Arms on all official documents of the IG. The IG also participated in developing the East African Association of Anti-Corruption Authorities (EAAACA) Public Awareness and Communication Strategy.

6.6 INTERNATIONAL COLLABORATION

The IG hosted the East African Association of Anti-Corruption Authorities (EAAACA), Executive meeting which was chaired by the IGG and comprised delegates from Rwanda, Burundi, Kenya and Tanzania. The IG also hosted a three-person delegation from the Anti-Corruption Bureau (ACB) of Malawi. The objective of their visit was to study the existing legal framework for fighting corruption, conducting investigations and prosecution of corruption cases as well as the operations of the other anti-corruption agencies.

The IGG 3rd left with representatives of Heads of Anti-Corruption Authorities of East Africa during a meeting in Kampala

During the same period, a team of students from Drake University in the United States visited the IG to acquaint themselves with the IG’s role in the fight against corruption.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 41 INSPECTORATE OF GOVERNMENT

CHAPTER: GENERAL CONSTRAINTS, CHALLENGES, FUTURE 7PLANS AND RECOMMENDATIONS 7.1 INTRODUCTION

Despite increased funding from Government and continued support from Development Partners to strengthen the institution, the IG continues to face several external challenges as well as operational problems, most of which arise from inadequate resources. This chapter highlights some of the challenges and constraints faced by the IG. It also provides recommendations and outlines the future plans of IG.

7.2 CHALLENGES AND CONSTRAINTS FACED BY THE IG IN ACHIEVING STRATEGIC OBJECTIVES

7.2.1 Inadequate Operational funds:

The annual allocation of funds to the Inspectorate of Government is not sufficient to meet the operational requirements of the Directorates and the Regional Offices. At a decentralized level, each regional office is allocated a maximum of Shs.6million per month to cater for among others travel, allowances for the investigators, payment of internet services, fuel, stationery, consumables. Given the huge number of cases recorded (over 100 per month, per regional office) and the increasing cost of items, this allocation is not sufficient for effective operations. For the Regional office to effectively function, a minimum of Shs.10million is recommended.

7.2.2 Inadequate staffing:

Though the entire Inspectorate has inadequate staff at all levels, the problem is more pronounced at Regional Offices. Currently, each Regional Office serves at least five to ten districts and yet each has an average of four technical officers to carry out investigations of corruption, ombudsman complaints, inspection of development projects, follow-up on the implementation of IG recommendations and carry out surveillance, search and make arrests. Over the Medium-Term, the IG intends to raise the number of technical officers to five per Regional Office.

7.2.3 High costs of renting office premises

The IG is currently renting premises for both the Headquarters and Regional Offices. The IG incurs a cost of Shs.1.4 billion annually for rent for both Headquarters and Regional Offices. This cost is a significant percentage of the IG recurrent budget. In the FY 2013/14, IG allocated 1.5 billion for design of the Head- quarters and Shs.52 billion is required for construction of the head office building. The money for the office design is insufficient (Shs.4.2b/= is required) while the funds for construction are not allocated.

7.2.4 Court delays

The Appeals, constitutional petitions/references and Applications filed in both Constitutional and Su- preme Court take long. Due to these delays, the IG is only able to conclude about sixty (60) prosecutions per year.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 42 INSPECTORATE OF GOVERNMENT

7.2.5 Negative attitude towards investigations

The entities being investigated and partner institutions are not providing IG with adequate support during investigations and prosecutions. Most of these institutions take long to provide information re- quested for and supportive documents. This has resulted in longer time being taken to investigate and prosecute cases. Such institutions include but not limited to; Office of Registrar General of Companies, Uganda Land Commission, Ministry of Defence, Lands Office, Solicitor General’s Office, Administrator General’s Office, Ministry of Education and Sports, Ministry of Public Service, UNEB and some Universi- ties.

Also a section of the population who are beneficiaries of corruption proceeds view the IG as thwarting their financial advancement. Such people have adopted the “if you cannot beat them, join them” men- tality. This perception can only be corrected through vigorous public awareness and sensitization campaigns conducted by the IG. The challenge is how to fund these campaigns taking into consideration the inadequate funds released to the institution.

There is also a lot of collusion and connivance among district officials. The Audit departments have not been spared as they won’t detect or report the corrupt and this is only done when the officials disagree during the sharing of the proceeds.

7.2.6 Resistance to implement IG recommendations

The IG investigates and produces reports with recommendations for the affected entities to take appropriate action. However, some institutions have acted to the contrary or totally ignored implementing IG recommendations.

7.2.7 Inadequate capacity to carry out forensic and complex Investigations

The face of corruption is ever changing in Uganda. Most corrupt public officials now use sophisticated approach to indulge in corruption, fraud and other malpractices. With this changing approach there is need for continuous training and better equipment for the IG investigative and prosecution staff to be more effective. The challenge is how this can be achieved, given the problem of inadequate funding.

7.2.8 Poor documentation and Record Keeping in Government Institutions

Most government entities lack computerized Management Information System. Records are stored in forms which are not easy to access, retrieve and disseminate to the end users. Because of the poor storage and management of records, conclusion of investigations, prosecutions and verification of the leaders’ declarations cannot be done expeditiously.

7.2.9 Loopholes in the existing Legal Framework

Loopholes in the existing Legal Framework such as the absence of a Leadership Code Tribunal as prescribed under Chapter 14, article 235A of the Constitution and the absence of regulations to establish rules of procedure under the IG Act, and the Leadership Code Act 2002, affect the enforcement of IG recommendations against leaders who are found in breach of the Leadership Code of Conduct.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 43 INSPECTORATE OF GOVERNMENT

7.3 FUTURE PLANS

7.3.1 Strengthen the capacity of the Regional Offices

The Inspectorate of Government will continue with the strategy of strengthening its Regional Offices by recruiting additional staff, procuring vehicles, office equipment and increasing allocation of funds for operational expenses. The IG is targeting to have a minimum of five (5) technical officers, two (2) func- tional office vehicles and operational funds of at least Shs.10 million per Regional Office every month. With this intervention, service delivery at decentralized level is expected to systematically improve.

7.3.2 Strengthen the capacity to effectively investigate and prosecute cases

Capacity building is a continuous process that cannot be achieved through one time intervention. IG will, therefore, maintain close collaboration with Government, development partners, anti-corruption agencies, ombudsman associations and other institutions to provide tailor made training and exposure visits for its team of investigators and prosecutors. This intervention will focus on enhancing the capacity of the IG staff to efficiently and effectively investigate and prosecute cases.

7.3.3 Increased Monitoring of Development Programmes.

The Inspectorate of Government has established a Division for Project Monitoring. The Division has been established in response to increasing demand by Government and Development Partners to have the IG directly involved in the monitoring and supervision of the Implementation of development projects. Currently, programmes such as PRDP, UPPETT, and USMID have entered in partnership with IG to undertake monitoring and supervision. The Division’s primary objective will be to follow-up and make progressive reports, recommend and enforce corrective actions for performance improvement.

7.3.4 Promoting systematic Investigations and policy studies The Inspectorate of Government receives many individual complaints concerning the same institutions. For example many complaints have been registered against the Ministry of Public Service regarding salary/pension payment and flaws in the procurement and recruitment processes by MDAs. While re- sponding to these complaints, the IG has been sanctioning individual investigations. The IG is now em- phasizing systematic investigations and policy studies as opposed to handling individual complaints.

7.3.5 Promoting Strategic Partnership with other Anti-Corruption Agencies and Oversight Institutions

The fight against corruption cannot be achieved by the Inspectorate of Government alone but through effective collaboration and networking with other anti-corruption agencies and oversight institutions. IG, therefore, intends to form a new collaboration fora which in future will strengthen the existing ones.

7.4 RECOMMENDATIONS

In the above section, the IG identified a number of constraints which are limiting its capacity to effectively fight corruption in public offices and promote the rule of law. In order to overcome the above stated constraints, the following recommendations are hereby submitted to Parliament and the Exec- utive.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 44 INSPECTORATE OF GOVERNMENT

7.4.1 Expedite the establishment of Leadership Code Tribunal and Amendment of the IG Act to grant the IG Corporate status

Without the Leadership Code Tribunal, the IG cannot effectively implement its mandate of enforcing the Leadership Code of Conduct. Though the leaders are declaring their incomes, assets and liabilities as required by law, the absence of the Tribunal has made it difficult for IG to take appropriate actions against leaders who either fail to declare, under declare or cannot provide adequate accountability for their wealth. The IG therefore requests the Executive and Parliament to expedite the process of estab- lishing the Leadership Code Tribunal and amend the IG Act 2002 to grant IG corporate status.

7.4.2 Discuss IG Reports and provide feedback for improved performance

Article 231(5) of the Constitution provides for Parliament to debate IG Reports and make recommendations on the issues raised. However, the IG has not received any feedback from Parliament and the Executive on the reports issued. The IG therefore urges Parliament to debate the reports and provide appropriate feedback for improved performance.

7.4.3 Increase funding to the Inspectorate of Government

Allocation of funds to the Inspectorate of Government for Financial Year 2014/15 was maintained at the same level of the previous Financial Year 2013/14. Given that these resources were not sufficient to enable Inspectorate of Government effectively carry out its mandate, IG therefore requests for additional funding of at least Shs.4billion to effectively carry out its mandate of eliminating corruption.

7.4.4 Construction of the IG Head Office

Over the last Financial Years, the Inspectorate of Government has been soliciting for funding for construction of its Head Office from both Government and Development Partners. However despite all these undertakings, IG has not identified any funding source. The IG therefore request Government to provide funding for construction of its Head Office.

7.4.5 Strengthen the Urban Planning Function

This sector is faced with majorly two challenges; lack of structural Plans for most of the Urban Centres and poor enforcement of development in planned areas. Given the above challenges, the Inspectorate of Government is not able to timely trace and verify assets declared by Leaders. The Inspectorate of Government, therefore, recommends to Government to prioritize Physical Planning and enforce implementation of the existing plans.

7.4.6 Improvement of record management

Government through its ministries, departments and agencies must cultivate a culture of record keeping and maintenance and provide its MDAs with necessary tools to ensure this is done.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 45 APPENDIX A

INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS

46 INSPECTORATE OF GOVERNMENT

TABLE IX: INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS

S/No. Ref. No. Subject Matter Recommendations Action taken HQT/70/9/11 Alleged diversion of Mr. Loluk Fidelis to be submitted to No action taken Shs.15m/= by the Town Clerk, DSC for appropriate disciplinary action Head of Finance and Town for faulting LGPPDA Regulation 117(4 1. Engineer Kaabong Town & 5) and recommend the termination Council. of the contract of M/s Dodoth Legends for failure to perform the contract within the agreed time. TOR/CF/16/09 Alleged inflated costs for The CAO was directed to submit No action taken various projects under Mr. Wolumeli Simon Peter, Bududa 2. the Peace Recovery and District Planner to DSC for appropriate Development Plan by Bududa disciplinary action. District officials. TOR/CF/15/10 Alleged illegal extension of . The District Engineer to be No action taken TOR/02/08/10 power to the District Water dismissed by DSC. Office by the Ag. District . Umeme to be guided on how 3. Engineer, Bududa District. to formalize and regularize the connection of electricity to the water office. TOR/02/03/11 Alleged conflict of interest by CAO Bududa to submit Mr. Wakooli No action taken Wakooli Patrick Boris, Senior Boris to Bududa DSC for dismissal for 4. Accountant, Bududa District. violating section 20(2) of the Local Government (PPDA) Regulations 2006. JNJ/CF/46/2003 Alleged existence of The report was issued in 2010 No action taken ghost teachers, forgery of recommending recovery of over 5. appointment letter and 123,000,000/= from a number of payment of inflated salaries to individuals. teachers of Mayuge District. JNJ/CF/24/2008 Alleged irregular recruitment The report was issued in November No action taken of staff by Namutumba DSC 2008 with the recommendations to 6. and mishandling of related have some appointments rescinded commission work by the Chairman and Secretary DSC. ARU/CF/34/2005 Alleged non accountability Report issued on 11/2/2009 that funds No action taken 7. of funds by Moyo district be recovered by CAO Moyo from officials. various officials.

ARU/CF/29/2007 Alleged embezzlement of Report issued on 8/1/2009. The No action taken district funds through the mismanaged funds to be recovered. 8. hiring of Moyo district Plant by the Ag. District Engineer and the CAO ARU/CF/38/2007 Alleged non-payment Report issued on 2/9/2008. That No action taken of salary arrears, salary unpaid salary arrears to a total of 16 increments and pension for former district employees be effected 9. voluntary retired civil servants by the Ministry of Public Service. of Moyo District Local Government by the District Administration. ARU/CF/14/2008 Alleged irregularities in the Report issued on 17/06/2008. The No action taken recruitment of the CFO Moyo diverted conditional grant funds 10. and diversion of funds in amounting to Shs.72 million be Moyo District. remitted to Treasury, Ministry of Finance. TS/142/2007 PAF inspection and Report issued on 04/04/2008. The No action taken monitoring in Moyo district funds to be recovered from various 11. for the period July 2005- June officials. 2006

REPORT TO PARLIAMENT JULY – DECEMBER 2013 47 INSPECTORATE OF GOVERNMENT

S/No. Ref. No. Subject Matter Recommendations Action taken

MOY/01/05/2011 Alleged failure to issue A total of 50 former students of the No action taken certificates to the former Institute who sat UNEB Exams in 1999 12. students of Moyo Technical were not issued certificates. Institute. ARU/CF/39/2007 Alleged mismanagement of Report issued on 21/07/2009. Mr. No action taken funds for Moyo Town Council Tabu Job has not paid to the IG Asset 13. Urban Water by Mr. Tabu Job Recovery Account the Shs.6.7muillion (A/CAO). he was directed to refund. FP/CF/14/08 Report on the Alleged Report issued on 18-09-09 that: No action taken existence of ghost teachers on the payroll for Kyarubingo i) PS should have the following technical School in persons deleted from the Kamwenge District. government Teachers’ Payroll for Kyarubingo Technical School: • Atwakiire Amaxon E -4707001575 • Ngasira Geoffrey E -4706008403 • Tumuhimbise Ben E -4706006006 14. • Tayebwa Didus E -4707001576

ii) Mr. Turyahikayo Fabiano, Head teacher of St. Joseph technical School, Kyarubingo be referred to the Education Service Commission for appropriate disciplinary action for negligently processing and helping four teachers to access the school’s payroll. FP/CF/09/09 Alleged abuse of office Report issued on 20th July 2012. The No action taken and conflict of interest by CAO, Kabarole was directed to submit 15. the Supervisor of Works of Mr. Kaihura Herbert, the Supervisor Kabarole District. of Works Kabarole, to the DSC for dismissal from service. FP/CF/03/10 Alleged irregular recruitment Issued on 3/9/2010. It was directed No action taken of a Senior Procurement that the appointment of Mr. Karuusu Officer by Kasese District Paddy as Senior Procurement Officer, 16. Service Commission. Kasese District Local Government be rescinded and the post be publicly re- advertised with three (03) months. FP/CF/07/11 Report on the alleged misuse Report issued on 16/11/11. The No action taken of public funds by Fort Portal Permanent Secretary, Ministry of Local Municipal Council. Government to reprimand the Town clerk of Fort Portal Municipal Council for retaining Mr. Richard Alituha as Ag. Deputy Town clerk without a valid appointment in contravention of the PSC Standing Orders. 17. The Town Clerk Fort Portal Municipal Council to reprimand and relieve Mr. Richard Alituha of the duties of Ag. Deputy Town Clerk for breach of the procurement and financial and accounting regulations, and for being unqualified for the post.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 48 INSPECTORATE OF GOVERNMENT

S/No. Ref. No. Subject Matter Recommendations Action taken

FP/08/10/10 Alleged illegal deductions Report issued on 7/8/11 that the CAO No action taken from the salary of Mr. Bundibugyo pays the outstanding Mwesige Mujuju Richard. balance of Shs.32,000,000 to Micro Provident (U) Ltd which Bundibugyo District deducted from staff salaries to recover loans on their behalf but was not remitted to Micro Provident Uganda Limited. 18. Submit Mr. Ndayondi Athanasius, the CFO to the DSC for disciplinary action for diverting money which was deducted from staff salaries to recover loans on their behalf and was not remitted to Micro Provident Uganda Ltd.

HQT/04/05/12 Alleged mis-management That CAO Kamwenge submits Mr. No action taken of NAADS funds for third Tumwesigye Albert, a Senior Finance quarter of the 2011/12 Officer to the DSC for appropriate 19. financial year by some disciplinary action for failing to officials of Kamwenge District transfer sh. 150,000,000= to the Headquarters. NAADS account in time.

FP/CF/15/11 Alleged The CAO, Kasese was required to No action taken Embezzlement and submit Mr. Seezi Muhairwe, the Ag. causing financial Town Clerk of Katwe –Kabatoro Town loss by the Ag. Town Council to the DSC for appropriate Clerk of Katwe- disciplinary action for insubordination, 20. Kabatoro Town disregarding instructions, interfering Council in Kasese with a tender against the lawful District. interests of a tenderer, neglect of duty, and violation of his obligations as stipulated under the Public Service Act, 2008. HQT/07/07/11 Alleged irregularities Ms Tusiime Rose was directed to No action taken in the recruitment of refund Shs.8,932,000= be money she 21. Ms. Tusiime Rose. irregularly earned in the period when she was away for studies without leave. FP/03/12/09 Alleged neglect of duty and Mr. Kagaba Henry was directed to No action taken abuse of office at Kasusu refund UGX 4,299,192/=, being 50% of Health centre, Fort Portal the money he earned while in double 22. Municipal Council. employment and the two months’ salary he drew from Government after resigning from Government Service. FP/01/11/11: Alleged existence of ghost Mr. Kabagambe Edmond was directed No action taken teachers on the payroll of to refund Shs.41,243,653/= that Kamengo S.S.S. and double she irregularly earned when she 23. employment by some absconded from duty for five years, teachers. and to deposit it on IG asset Recovery A/C No. 003030088000007 in Bank of Uganda.

FP/02/04/13 Alleged uttering The CAO, Kasese was directed to No action taken of false academic submit Mr. Munindo Stephen to the documents and DSC for dismissal for joining service on 24. double employment forged documents by a parish Chief of Isango Sub County.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 49 INSPECTORATE OF GOVERNMENT

APPENDIX B

STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG ACTIVITIES FOR THE PERIOD JULY – DECEMBER 2013

REPORT TO PARLIAMENT JULY – DECEMBER 2013 5050 INSPECTORATE OF GOVERNMENT

During the period July – December 2013, the Inspectorate of Government had a workload of 6,962 investigations which is 10% more than what it was during the previous period (January – June 2013). A total of 5,382 complaints were brought forward from the previous period and 1,513 were new complaints (including 53 cases that were initiated as a result of reviewing audit reports from the Auditor General). Also during the period, the IG received a total of 181 through SMS Reporting System which was introduced in June 2013. The figure below illustrates how the workload was handled during the reporting period. Figure 3: Workload July – December 2013

1,513 5,382 Complaints WORKLOAD = 6,962 New Complaints Brought Forward INVESTIGATIONS Received

14 89 New verifications of Audit Reports reviewed leaders’ declarations resulting in 53 initiated investigations

822 complaints and 23 144 (2.1%) 21 (0.3%) 5,952 Complaints & verifications Complaints referred to Complaints verifications Investigated and other agencies Rejected In progress- 85.5% Completed - (12.1%)

1,010 (14.5%) Files Concluded.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 51 INSPECTORATE OF GOVERNMENT

Figure 4:Categorization of Complaints Registered by Gender for the period July – December 2013

Female Group 8% 19%

Anonymous 16%

Male 57%

The chart above illustrates that a small percentage (8%) of the complaints were received from women. The majority of the complaints (57%, were received from men and those that came from groups of individuals were 19%. 16% of the complainants did not disclose their identities and were mostly those complaints that were received through the SMS Reporting System.

Figure 5: Comparison of Investigations for the Periods January – June 2013 and July – December 2013

The diagram above shows that the total number of complaints which were investigated and completed increased from 712 complaints during the period January – June 2013 to 822 for the period July – December 2013. The increase in the number of cases concluded may be attributed to the increase of technical staff that were recruited during the last reporting period. The complaints that were processed and referred to other institutions reduced from 183 to 144. However, the number of complaints carried forward increased from 5,382 to 5,952 as a result of increased number of complaints that were received during the period especially through the SMS reporting system.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 52 INSPECTORATE OF GOVERNMENT

Figure 6:Comparison of the new complaints received and those that were investigated during the period July – December 2013

The graph above shows that the highest number of complaints was received in the month of July 2013 (373 complaints). This was due to the introduction of SMS Reporting System that was launched in June 2013. The highest number of complaints investigated & completed (208 complaints) was in the month of November 2013. The number of complaints investigated and completed is much lower than the complaints received during the period due to the backlog of cases. However, with adoption of the new case management system and training of staff, the speed of investigation completion is expected to improve. Table X: Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2001 – December 2013

Year Kampala HQs Regional Offices Total Complaints 2001 1566 1728 3294 2002 1347 2121 3468 2003 1328 2198 3526 2004 1060 1859 2919 2005 802 1341 2143 2006 659 903 1562 2007 946 1142 2088 2008 1023 751 1774 2009 781 785 1566 2010 941 1141 2082 2011 1135 1234 2369 2012 1210 1365 2575 2013 1581 1295 2876 As seen from the above table, the trend of complaints has not followed a particular pattern. 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.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 53 INSPECTORATE OF GOVERNMENT

Table XI: Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2001 – December 2013

Period/Year Kampala HQs Regional Offices Total Complaints 2001 1112 1178 2,290 2002 787 1320 2,107 2003 806 1450 2,256 2004 543 994 1,537 2005 512 1312 1,824 2006 187 1287 1,474 2007 362 1681 2,043 2008 333 1056 1,389 2009 245 586 831 2010 320 866 1,186 2011 552 978 1,530 2012 618 961 1,579 2013 791 784 1,575

The table above shows that, the Inspectorate of Government investigates and completes on average 1000 – 2000 complaints each year. The number of complaints investigated and completed were notably low in 2009 (831) due to the fact that during that time the institution did not have a substantive IGG, but since then the investigations completed have gradually been increasing despite the complex nature of complaints handled. Table XII: Complaints received according to the districts for the period July - December 2013 Number of Number of S/No District Percentage S/No District Percentage Complaints Complaints 1. Kampala 377 24.9% 21. Moyo 15 1.0% 2. Arua 78 5.2% 22. Mubende 14 0.9% 3. Lira 41 2.7% 23. Mukono 14 0.9% 4. Gulu 40 2.6% 24. Ntungamo 14 0.9% 5. Mbarara 37 2.4% 25. Alebtong 12 0.8% 6. Jinja 33 2.2% 26. Busia 12 0.8% 7. Sembabule 33 2.2% 27. Mpigi 12 0.8% 8. Kasese 25 1.7% 28. Ngora 12 0.8% 9. Amolatar 24 1.6% 29. Bundibugyo 11 0.7% 10. Mbale 24 1.6% 30. Ibanda 11 0.7% 11. Hoima 21 1.4% 31. Isingiro 11 0.7% 12. Wakiso 21 1.4% 32. Kiboga 11 0.7% 13. Kabarole 20 1.3% 33. Kisoro 11 0.7% 14. Masaka 20 1.3% 34. Kole 11 0.7% 15. Soroti 20 1.3% 35. Kyankwanzi 11 0.7% 16. Masindi 19 1.3% 36. Mayuge 11 0.7% 17. Iganga 17 1.1% 37. Moroto 11 0.7% 18. Koboko 16 1.1% 38. Apac 10 0.7% 19. Kabale 15 1.0% 39. Kapchorwa 10 0.7% 20. Kitgum 15 1.0% 40. Lamwo 10 0.7%

REPORT TO PARLIAMENT JULY – DECEMBER 2013 54 INSPECTORATE OF GOVERNMENT

Number of Number of S/No District Percentage S/No District Percentage Complaints Complaints 41. Mityana 10 0.7% 77. Kibaale 5 0.3% 42. Rakai 10 0.7% 78. Kween 5 0.3% 43. Serere 10 0.7% 79. Nakasongola 5 0.3% 44. Tororo 10 0.7% 80. Yumbe 5 0.3% 45. Amuria 9 0.6% 81. Bukwo 4 0.3% 46. Bukedea 9 0.6% 82. Kaabong 4 0.3% 47. Kaberamaido 9 0.6% 83. Kotido 4 0.3% 48. Kamuli 9 0.6% 84. Kumi 4 0.3% 49. Katakwi 9 0.6% 85. Namutumba 4 0.3% 50. Kiruhura 9 0.6% 86. Ntoroko 4 0.3% 51. Kyenjojo 9 0.6% 87. Rukungiri 4 0.3% 52. Nakapiripirit 9 0.6% 88. Abim 3 0.2% 53. Nakaseke 9 0.6% 89. Adjumani 3 0.2% 54. Zombo 9 0.6% 90. Amudat 3 0.2% 55. Kamwenge 8 0.5% 91. Bududa 3 0.2% 56. Luwero 8 0.5% 92. Kayunga 3 0.2% 57. Lwengo 8 0.5% 93. Kiryandongo 3 0.2% 58. Mitoma 8 0.5% 94. Lyantonde 3 0.2% 59. Nebbi 8 0.5% 95. Manafwa 3 0.2% 60. Pader 8 0.5% 96. Napak 3 0.2% 61. Pallisa 8 0.5% 97. Sheema 3 0.2% 62. Amuru 7 0.5% 98. Agago 2 0.1% 63. Bugiri 7 0.5% 99. Buhweju 2 0.1% Bukoman- 64. Buliisa 7 0.5% 100. 2 0.1% simbi 65. Nwoya 7 0.5% 101. Buvuma 2 0.1% 66. Rubirizi 7 0.5% 102. Gomba 2 0.1% 67. Sironko 7 0.5% 103. Kalangala 2 0.1% 68. Bulambuli 6 0.4% 104. Kibuku 2 0.1% 69. Buikwe 6 0.4% 105. Kyegegwa 2 0.1% 70. Bushenyi 6 0.4% 106. Maracha 2 0.1% 71. Buyende 6 0.4% 107. Otuke 2 0.1% 72. Kalungu 6 0.4% 108. Budaka 1 0.1% 73. Kanungu 6 0.4% 109. Butaleja 1 0.1% 74. Luuka 6 0.4% 110. Dokolo 1 0.1% 75. Oyam 6 0.4% 111. Namayingo 1 0.1% 76. Kaliro 5 0.3% Total 1513 100.0%

The table above shows that most of the complaints (24.9%) originate from Kampala and this has been the case even for the previous reporting periods. This is mainly attributed to its central location and the fact that most of the government departments which the public complain about are located in Kampala. Other notable districts with high number of complaints during this reporting period are Arua, Lira, Gulu and Mbarara mainly because of easy accessibility as these districts host Regional Inspectorate offices.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 55 INSPECTORATE OF GOVERNMENT

Table XIII: The Nature of complaints Investigated and completed during the period July – De- cember 2013

Nature of Complaints Number Percentage

Corruption Complaints

Abuse of office 149 18.1%

Corruption 86 10.5%

Misappropriation 62 7.5%

Forgery& uttering of false documents 59 7.2%

Embezzlement 56 6.8%

Audit Queries 37 4.5%

Bribery 34 4.1%

Conflict of interest 31 3.8%

False Claims 21 2.6%

Extortion 10 1.2%

Sub Total 545 66.3%

Ombudsman Complaints

Mismanagement 70 8.5%

Non payment of salaries and other benefits 68 8.3%

Property Disputes 37 4.5%

Delay of service delivery 32 3.9%

Tenders & Contracts 25 3.0%

Victimization/ oppression 18 2.2%

others 4 0.5%

Sub Total 254 30.9%

Leadership code complaints

Failure to declare& amassing wealth 23 2.8%

Sub Total 23 2.8%

Total 822 100.0%

As indicated in the table above, abuse of office/ authority is the highest category of the complaints investigated and completed by the Inspectorate of Government. During the period July – December 2013 it accounted for 18.1% of the total number of complaints investigated and completed while during the previous period January – June 2013, it was slightly lower at 12.31%.

Of the ombudsman’s complaints, mismanagement of public affairs and nonpayment of salaries & other benefits form majority of the complaints that were investigated and completed comprising of 8.5% and 8.3% respectively.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 56 INSPECTORATE OF GOVERNMENT

Table XIV: Departments/Institutions complained against during the period July – December 2013

Kampala Regional Total S/N DEPARTMENT % age Hqts Offices Complaints 1. District Administration 106 135 241 15.9% 2. Individuals (Public officials) 126 115 241 15.9% 3. Municipal & Town Councils 74 65 139 9.2% 4. Police 61 55 116 7.7% 5. Head Teachers (Primary & Secondary schools) 49 54 103 6.8% 6. Judiciary 20 333 53 3.5% 7. Ministry of Public Service 27 18 45 3.0% 8. Private companies /Organizations 12 31 43 2.8% 9. District Service Commissions 17 19 36 2.4% 10. Sub county Chiefs 7 27 34 2.2% 11. Tertiary Institutions 24 9 33 2.2% 12. Lands Office 18 9 27 1.8% 13. Hospitals & health centres 17 4 21 1.4% 14. Local Councils 10 10 20 1.3% 15. Colleges/institutes 13 6 19 1.3% 16. Others (e.g. audit queries) 11 8 19 1.3% 17. Contract committees 8 9 17 1.1% 18. UNRA 15 1 16 1.1% 19. Land Board 12 1 13 0.9% 20. NUSAF 4 9 13 0.9% 21. NAADS 6 4 10 0.7% 22. District Engineers 2 7 9 0.6% 23. KCCA 8 0 8 0.5% 24. Administrator General 8 0 8 0.5% 25. DEOs 1 7 8 0.5% 26. Electoral Commission 6 2 8 0.5% 27. Banks 8 0 8 0.5% 28. URA 6 1 7 0.5% 29. Ministry of Health 5 2 7 0.5% 30. DPP 4 3 7 0.5% 31. Ministry of Education 6 0 6 0.4% 32. Uganda Land Commission 6 0 6 0.4% 33. Ministry of finance 6 0 6 0.4% 34. ISO & UPDF 4 1 5 0.3% 35. Inspectorate of Government 5 0 5 0.3% 36. Ministry of Works 4 1 5 0.3% 37. Ministry of Lands 5 0 5 0.3% 38. Ministry of Energy 4 0 4 0.3% 39. Resident State Attorneys 2 2 4 0.3% 40. Fisheries Department 4 0 4 0.3% 41. Public Service Commission 4 0 4 0.3%

REPORT TO PARLIAMENT JULY – DECEMBER 2013 57 INSPECTORATE OF GOVERNMENT

Kampala Regional Total S/N DEPARTMENT % age Hqts Offices Complaints 42. Ministry of Internal Affairs 4 0 4 0.3% 43. UETCL 4 0 4 0.3% 44. UNBS 4 0 4 0.3% 45. UNEB 4 0 4 0.3% 46. Prisons 2 1 3 0.2% 47. Labour Office 2 1 3 0.2% 48. NHCC 3 0 3 0.2% 49. Ministry of Water and Environment 3 0 3 0.2% 50. NFA 3 0 3 0.2% 51. Ministry of Gender 3 0 3 0.2% 52. RDCs 3 0 3 0.2% 53. OPM 2 0 2 0.1% 54. Education Service Commission 2 0 2 0.1% 55. CAA 2 0 2 0.1% 56. NPA 2 0 2 0.1% 57. Uganda Railways Corp 2 0 2 0.1% 58. Ministry of Local Government 1 1 2 0.1% 59. NGOs 2 0 2 0.1% 60. MPs 2 0 2 0.1% 61. UBC 2 0 2 0.1% 62. Health Service Commission 2 0 2 0.1% 63. UPPC 2 0 2 0.1% 64. UMEME 1 1 2 0.1% 65. DPACB 1 0 1 0.1% 66. Privatization Unit 1 0 1 0.1% 67. UHRC 1 0 1 0.1% 68. National Council of Sports 1 0 1 0.1% 69. NARO 1 0 1 0.1% 70. Law Council 1 0 1 0.1% 71. Ministry of Tourism 1 0 1 0.1% 72. National Curriculum Development Center 1 0 1 0.1% 73. National Council for Higher Education 1 0 1 0.1% 74. Judicial Service Commission 1 0 1 0.1% 75. UWA 1 0 1 0.1% 76. Cooperatives 0 1 1 0.1% 77. New Vision & Printing Corporation 1 0 1 0.1% Total 860 653 1,513 100.0%

REPORT TO PARLIAMENT JULY – DECEMBER 2013 58 INSPECTORATE OF GOVERNMENT

Figure 7: Functions of the Inspectorate of Government Directorates

DOP DLA DRO DEP DLC DOA

-Prosecutions - Civil litigation - Supporting Investigations

- Corruption Investigations in central Government - Coordination of Regional Institutions offices - Arrests - Investigations in local - Monitoring & Inspection Governments of Projects

-Public Awareness -Production of reports to - Ombudsman Investigations Parliament & other - Policy& Systems study Publications -Organize training of staff in various skills

-Leadership Code Enforcement -Investigations/ verification of declarations Key: DRO – Directorate of Regional Offices. DOP – Directorate of Operations DL/C – Directorate of Leadership Code DEP – Directorate of Education and Prevention of Corruption DOA - Directorate of Ombudsman Affairs DLA - Directorate of Legal Affairs

Figure 8: Functions of the Department of Finance and Administration

- Recruitment of staff - Procurement of works, goods and services FINANCE AND - Facilitation of staff travel (Abroad and within) ADMINISTRATION - Management of staff emoluments, entitlements and welfare - Staff performance appraisal - Preparation of budget and policy statements

Figure 9: Function of the IGG/ DIGGs - Receipt of complaints or as a consequence of Investigations. - Authorization and supervision of - Authorization of closure of investigations investigations IGG/DIGGs - Issuing of results or reports of - Approving the Annual Budgets of the Investigations Inspectorate - Issuing of Bank Inspection Orders - Issuing Parliamentary Reports - Issuing of Witness Summons - Participation in Public Awareness - Issuing of Warrants of Arrests Programmes, meetings, conferences - Authorizing Prosecutions and international events on behalf of - Issuing Orders/ Directives in the Course IG

REPORT TO PARLIAMENT JULY – DECEMBER 2013 59 INSPECTORATE OF GOVERNMENT

DOP DLA DRO DEP DLC DOA APPENDIX -Prosecutions - Civil litigation - Supporting Investigations

- Corruption Investigations in central Government - Coordination of Regional Institutions offices - Arrests - Investigations in local - Monitoring & Inspection Governments of Projects

-Public Awareness -Production of reports to - Ombudsman Investigations Parliament & other - Policy& Systems study Publications -Organize training of staff in various skills

-Leadership Code Enforcement -Investigations/ verification of declarations Key: DOP – Directorate of Operations DEP – Directorate of Education and Prevention of Corruption DLA - Directorate of Legal Affairs C

ARRESTS

REPORT TO PARLIAMENT JULY – DECEMBER 2013 6060 INSPECTORATE OF GOVERNMENT

TABLE XV: ARRESTS EFFECTED BETWEEN JULY – DECEMBER 2013

S/N REFERENCE TITLE OF SUSPECT OFFENCE(S) Otuya Abraham Emmanuel, former Sub-county Abuse of Office, Forgery and 1. MRT/CF/12/2009 NAADS Coordinator, Kapedo Sub-county, Kaabong Uttering false documents. district. Ochero Simon, Ag. Sub-county Chief, Kapedo Abuse of Office, Forgery and 2. MRT/CF/12/2009 Sub-county, Kaabong district. Uttering false documents. Asizua Denis, Volunteer Laboratory Assistant, Arua Corruptly soliciting for and 3. ARU/08/07/13 Regional Referral Hospital. receiving a gratification. Alioni Hillary, Volunteer Laboratory Assistant, Arua Corruptly soliciting for and 4. ARU/08/07/13 Regional Referral Hospital. receiving a gratification. Corruptly soliciting for and 5. ARU/02/05/13 Aziku Gad, District Surveyor, Arua district. receiving a gratification. Victimization of a Whistle 6. HQT/4/01/2013 Patricia Ojangole, Chief Executive Officer, UDBL Blower. Andrew Mulubya, Director Management Information Victimization of a Whistle 7. HQT/4/01/2013 Systems, UDBL. Blower. Daniel Kaggwa, Director Finance and Administration, Victimization of a Whistle 8. HQT/4/01/2013 UDBL. Blower. Ssemakula John Baptist, Assistant Commissioner Hu- Disobedience of Lawful 9. HQT/06/03/2013 man Resources, Mulago National Referral Hospital. Orders. Kahangire Simei, Court Clerk, Bwizibwera Magistrate’s Corruptly soliciting for and 10. MBR/10/07/2013 Court. receiving a gratification. Perry Muhumuza, Grade II Magistrate, Kibibi Magis- Corruptly soliciting for and 11. HQT/02/08/2013 trate’s Court. receiving a gratification. Nakawesa Saidat, Court Clerk, Kibibi Magistrate’s Corruptly soliciting for and 12. HQT/02/08/2013 Court. receiving a gratification. Nakamanya Christine, Office Attendant, Kibibi Magis- Corruptly soliciting for and 13. HQT/02/08/2013 trate’s Court. receiving a gratification. Mungoma Patrick, Court Process Server, Pallisa Chief Corruptly soliciting for and 14. MBL/06/07/2013 Magistrate’s Court. receiving a gratification. Osongol Sam, Court Clerk, LDC Magistrate’s Court, Corruptly soliciting for and 15. HQT/17/09/2013 Kampala. receiving a gratification. Corruptly soliciting for and 16. HQT/17/09/2013 Alal Gloria, Student at LDC, Kampala. receiving a gratification. Aguti Juliet Margaret, Clerk/Court Process Server of Corruptly soliciting for and 17. SRT/08/09/2013 Serere GII Magistrate’s Court. receiving a gratification.

Nakibuule Lillian, Court Clerk, Kasangati Magistrate’s Corruptly soliciting for and 18. HQT/13/10/2013 Court. receiving a gratification.

Corruptly offering a gratifi- 19. ARU/01/11/2013 Enzama Ernest, Assistant CAO, Maracha District. cation to IG officials.

Corruptly soliciting for and 20. ARU/02/11/2013 Anguzu Robert, District Physical Planner, Arua district. receiving a gratification.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 61 INSPECTORATE OF GOVERNMENT

S/N REFERENCE TITLE OF SUSPECT OFFENCE(S)

GUL/171/2013 Forgery and uttering false 21. Obina Hallan, NUSAF Facilitator, Nwonya district. Warrant of Arrest documents.

Apimo Caroline, alias Titin Hellen, Police Woman Personation of a person 22. SRT/18/11/2011 attached to Soroti Police Station. named in a certificate.

Nsimbe Ismail, Chairman Security Link Committee, Corruptly soliciting for and 23. HQT/39/11/2013 Kawempe Division and LC III Councilor Bwaise II E, receiving a gratification. Kawempe Division.

No. 56952 PPC Kato Daniel, Police Officer attached to Corruptly soliciting for and 24. HQT/98/11/2013 Wandegeya Police Station. receiving a gratification.

Mugisha Fred, State Attorney with DPP’s office Kiboga Corruptly soliciting for and 25. HQT/42/11/2013 station. receiving a gratification.

Chothembo Fred, Assistant Clerk, Zombo Town Coun- Embezzlement and Diver- 26. ARU/07/03/2012 cil, Zombo district. sion of public resources.

Corruptly soliciting for and 27. HQT/51/12/2013 Aliwaali Kizito, State Attorney attached to LDC Court. receiving a gratification.

Ochiru Creshidah Sheila, Secretary RSA’s office, LDC Corruptly soliciting for and 28. HQT/51/12/2013 Court. receiving a gratification.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 62 INSPECTORATE OF GOVERNMENT

APPENDIX D

PROSECUTION CASES

REPORT TO PARLIAMENT JULY – DECEMBER 2013 6363 INSPECTORATE OF GOVERNMENT

TABLE XVI: SUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JULY – DECEMBER 2013

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED OUTCOME NUMBER

1. Oryem Simon Peter ACD 34/2011 Uttering false documents. Convicted

Ocaya George, Procurement Officer, 2. KT-00-CO-746/2011 Uttering false documents. Convicted Kitgum District Local Government.

Abuse of office, Causing Financial loss, Gizibui Sam and Mataka 3. MBA-32-CV-34-2008 Embezzlement and False Acquitted Godfrey Accounting by a public officer. Apimo Carolyne alias Personating of a person 4. CR-CC-479/12 Withdrawn Hellen T. named in a certificate.

Bakera Stephen, Officer Causing Financial Loss and 5. in charge of salaries, Jinja JNJ CR 280/2008 Acquitted Abuse of office. Referral Hospital.

Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Abuse of office, Causing Opolot Phillip, Town Clerk, 6. TOR-CR 106/07 Financial loss and Withdrawn Malaba Town Council and Embezzlement Samuel Baker Okallany, Deputy Town Clerk, Malaba Town Council.

7. Ssetuba Habib MBO-CO 633/12 Uttering false documents Convicted

REPORT TO PARLIAMENT JULY – DECEMBER 2013 64 INSPECTORATE OF GOVERNMENT

TABLE XVII: ON-GOING PROSECUTION/PENDING CASES BY THE END OF DECEMBER 2013

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER Causing financial loss, 1. Bernard David Wambi Wandera, Ag. Director, East CR Case No. abuse of office and -em African Civil Aviation Academy, Soroti. 114/2012 bezzlement. 2. Rukundo Caleb, Magistrate Grade II, Mbarara Chief Soliciting and receiving ACD 119/2012 Magistrate’s Court. gratification. 3. Matega Aquino, Assistant Law Enforcement Officer, Soliciting and receiving ACD 0098/2012 Masaka Municipal Council. gratification. 4. Det AIP Bonyo Godfrey, Police Officer attached to Soliciting and receiving ACD 110/2012 Kazo Police Station, Kiruhura District. gratification. 5. Osege Erias Emmanuel, Court Clerk, Kaberamaido Soliciting and receiving ACD 129/2012 Magistrate’s Court, Kaberamaido District. gratification. Uttering forged docu- 6. Onen George, Records Assistant, Amuru Local ACD 109/2012 ments and giving false Government. information. 7. Eng. Kitutu Naboya Patrick, District Engineer, ACD 106/2012 Causing financial loss. Manafwa District. Embezzlement, causing 8. Joseph Walugembe, Executive Director, Uganda ACD 131/2012 financial loss and abuse National Cultural Centre. of office. Muganzi Joshua, Headteacher Karugutu S.S., 9. Soliciting and receiving Ntoroko District and Maduka Assimwe, Chairman ACD 124/2012 gratification. Board of Governors, Karugutu S.S. 10. Okello Louis P’bur, head Civil Engineer, Amuru Abuse of office and ACD 121/2012 District. corruption. Soliciting and receiving 11. Nasembule George, Office Attendant, DPP’s office, ACD 0107/2012 gratification and imper- Nsangi, Wakiso District. sonation. Embezzlement and false 12. Bamwira John Richard, former Finance Officer, ACD 138/2011 accounting by a Public Kampala Central Division, Kampala. Officer. 13. Kafero Edward, Plumber with National Water and Embezzlement and CSC 187/2011 Sewerage Corporation, Kampala. abuse of office. 14. Akankwasa Damian Former Executive Director, NFA Causing financial loss ACD 79/2011 and others. and abuse of office. 15. Akankwasa Damian, former Executive Director, NFA ACD 69/2010 Illicit enrichment.

16. Akankwasa Damian, former Executive Director, ACD 70/ 2010 Causing financial loss. NFA. 17. Akankwasa Damian Former Executive Director, NFA Causing financial loss ACD 80/2010 and others. and abuse of office. 18. Nestor Machumbi Gasasira, Principal Accountant in ACD-CSC-183/2010 Illicit enrichment Public Service of Uganda.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 65 INSPECTORATE OF GOVERNMENT

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER 19. Nabeta Tibiita Joseph, teacher, Kiyagi Primary BUG –CR- 382-2006 Embezzlement School, Mukono. Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Abuse of Office, Causing 20. Opolot Phillip, Town Clerk, Malaba Town Council CR. SC 211/2011 Financial Loss, Embez- and Samuel Baker Okallany, Deputy Town Clerk, zlement. Malaba Town Council. 21. Maliisa Ziphora, Principal Personnel Officer, Abim Uttering forged docu- ACD 06/2011 District. ments. Embezzlement, Causing 22. Kasiko Pelda, Senior Accounts Assistant, Jinja CR 066/2011 Financial loss and Abuse Municipal Council. of office. Causing financial loss, 23. Bufumbo Moses, Headteacher Namulonge Primary NK-CR- 71-2004 Abuse of office and mak- School, Mpigi District. ing false claims. Abuse of office, Causing Odoch Willy, Businessman/Supplier Agent of financial loss, obtaining ODFA Holdings Ltd, Odongo Okino the Financial 24. money by false pretence, Controller the Northern Uganda Reconstruction BUG- CR-792-1999 forgery of documents Programme and Martin Gwokto, former Chief and uttering false docu- Administrative Officer, Arua District. ments. Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary David Ssalango Kanakulya, Head of Finance, Sebunya Herbert, Internal Auditor, 25. Causing financial loss Suzan Wanume, Senior Assistant Electoral Officer BUG-CR-1695-2001 and Abuse of office. and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission. Abuse of office, False 26. Mutesasira John Drink Water, Assistant Engineer, ACD-CSC-14/2011 Accounting by Public Bombo Town Council. Officer. ACD 135/2010 Christopher Odongo (four Files) 27. ACD 136/2010 Causing Financial loss Advisor RALNUC ACD 137/2010 and Embezzlement. DANIDA ACD 130/2010 Abuse of office, -Em 28. Mutesasira John Drink Water, Assistant Engineer bezzlement and False ACD-CSC- 13/2011 Bombo Town Council. Accounting by Public Officer. 29. Nulu Nantume, former Internal Auditor Bombo Causing Financial Loss ACD 32/2011 Town Council. and Abuse of office.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 66 INSPECTORATE OF GOVERNMENT

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER 30. Michael Kakonge, Overseer/ Foreman of Jinja Embezzlement and False CSC 103/2011 Municipal Council, Jinja Local Government. Accounting. Wamuzibira Dathan 31. Embezzlement and False Municipal Engineer, Jinja Municipal Council, Jinja CSC 105/2011 Accounting. District. 32. Ocen George Albert, Town Clerk, Kitgum Town CSC 116/2011 Abuse of office. Council. Corruptly soliciting for 33. No. 23146 Cpl Rajah John Bosco, Police Officer 129/2011 and receiving a gratifi- attached to Masaka Police Station. cation. False Statements by Ssemambo Stephen, Director of General officials of companies 34. Construction and Maintenance Company Ltd, BUG. RD. 762/2011 Kampala. Uttering false documents. Uttering a false doc- 35. Angel Monica Kabasumbi, Office Typist/Secretary, FP CR.CA 634/2011 ument, giving false infor- Fort Portal Municipal Council. mation. Odok Peter W’oceng, former Chairperson, Pader District Local Government. Causing financial loss, 36. Etot Paul Peter, Managing Director, M/s Rising Star CSC No. 197/2011 Abuse of office, Conspir- Transporters Ltd. acy to defraud.

Otai Peter, formerly CAO, Pader. Obtaining goods by false pretense 37. Afaro Gilbert, a resident of Seme A, Buhasaba BUG. RD. CR. CA Parish, Buhehe Sub-County, Busia. 1041/2011 Uttering false documents 38. Irumba Mbabali Ancletus, Senior Town Engineer, Causing financial loss CSC 207/2011 Hoima Municipal Council. Abuse of office. 39. Embezzlement Lt. Santos Okot Lapolo, RDC Kitgum District. CSC 200/2011 Abuse of office CSC 217/2011 Corruptly soliciting for 40. Karakire Stephen, Grade II Magistrate, Lyantonde and receiving a gratifi- Magistrate’s Court. cation. No. 26948 D/CPL Tumusiime Daniel, Police Officer Corruptly soliciting for 41. attached to Bushenyi Police Station and No. 26288 CSC. 223/2011 and receiving a gratifi- D/SGT Mujuni Julius, Police Officer attached to cation. Bushenyi Police Station, Bushenyi District.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 67 INSPECTORATE OF GOVERNMENT

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER Embezzlement, Abuse 42. Saazi George, former Town Treasurer, Njeru Town of office and false ACD-CSC-81/2012 Council. accounting by a public official. Tumusiime Timothy, Volunteer National Corruptly soliciting for 43. Community Service Programme attached to ACD/CSC/017/2012 and receiving a gratifi- Mbarara Magistrate Court. cation. Corruptly soliciting for 44. Bamulutira Edward, State Attorney Arua DPP’s CSC 0076/2012 and receiving a gratifi- Office. cation. Byamukama Simon, Forest Ranger, Kyegegwa Embezzlement, abuse of 45. District Local Government & Ayesiga Sulaiman, ACD-CSC 12/2012 office and false account- Senior Accounts Assistant, Kyegegwa District Local FP/CC/04/06/11 ing. Government. Corruptly soliciting for 46. Kibege Moses, Office Attendant in DPP’s office, ACD-CSC 008/2012 and receiving a gratifi- Mityana. cation. Corruptly soliciting for 47. Ekungu Simon Peter, Sub-County Chief, Ngora Sub- ACD CR CA 19/2011 and receiving a gratifi- County in Kumi District. cation. 48. Juliet Owor, Nursing Assistant, Nyamalonge Health TOR CRCASE Uttering false docu- Centre, Tororo. 193/2012 ments. 49. Sagal Simon Lolim, former Vice Chairperson LC V, HCT –ACD- Abuse of office. Nakapiripirit CSC-0050/2012 50. Uttering false docu- Kitsumbire Thembo, member District PAC, Kasese. KAS-00-644/2012 ments. 51. Musinguzi B. Levi, Ag. Town Clerk, Kamwenge Town Causing financial loss CSC 0025/2012 Council and Anor and Abuse of office 52. Awili Agnes, District Environment Officer, Abim Uttering false docu- CR 0185/12 District. ments Causing financial loss, Abuse of office and corruption. Onegi Obel, former Chairman Board of Directors NB: Prosecution was 53. NSSF, Leonard Mpuuma, former Managing Director, ACD-CSC-153-2010 stayed pending deter- National Social Security Fund. mination of a constitutional reference which is yet to be heard by the Constitutional Court. 54. Embezzlement and false Tumushangye Dismas, District Engineer. ACD-142/2012 accounting. Ndigarasa Joseph alias Bakanga Muganyizi, former 55. Personating a person Headteacher of Kitaihuko Primary School, Kyenjojo CR 531/12 named in a certificate. District.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 68 INSPECTORATE OF GOVERNMENT

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER 56. Anecho Stephen, Ag. Town Clerk, Nebbi Town ACD-125/2012 Abuse of office Council. 57. Agadribo Milton, teacher, Kinyara Public Primary Uttering false docu- CR 563/2012 School. ments. 58. Mugenyi Bernard, Office Administrator for FDC, ACD-137/2012 Giving false information. Masaka Municipality, Masaka District. Corruptly soliciting for 59. Isabirye Samuel CSC 180/2011 and receiving a gratification. Loluk Fidelos Logwe, Town Clerk Kaabong and 60. Abuse of office and Narrot Christine, District Councilor Kathile Sub- ACD-18/2013 corruption 2 (g). county, Kaabong District. Conflict of interest and 61. Professor Okedi and 7 others ACD-59/2013 disobedience of IG orders. Ariko Patrick, CPL attached to Criminal Intelligence Soliciting and receiving 62. Investigations/Department, Lia Customs in Arua ACD-029/2013 gratification and extor- District. tion of money. 63. Otim Andrew Kibwota, Secretary Contracts Forgery and Abuse of ACD-52/2013 Committee, Pader District Local Government. office. Nalubega Sansa, Town Clerk, Bweyale Town Council 64. Causing financial loss and Tegras Mugisa, Treasurer, Bweyale Town ACD-017/2013 and Abuse of office. Council. Malinga Alfred, CAO Amuria, Atai Hellen, Chief 65. Causing financial loss Finance Officer, Amuria and Dr. Eumu Silver, District ACD-21/2013 and Abuse of office. Health Officer. 66. Gafa Deo, Assistant Engineering Officer, FPT-01-CR- Uttering false docu- Bundibugyo Town Council. CO-0255-2013 ments. 67. Okoli Richard, CAO Oyam District and Omara Causing financial loss ACD-36/2013 Hudson, Acting CFO and Abuse of office. 68. Lulu Francis Selle, former Headteacher of Allere ACD-68/2013 Abuse of office. Secondary School, Moyo District. 69. Atai Hellen Doreen, Chief Finance Officer, Amuria Abuse of office and ACD-06/2013 and Alioki Richard. Embezzlement. 70. Bukirwa Florence, LC II Secretary Bukasa Parish, Corruptly soliciting for ACD-025/2013 Makindye Division gratification. 71. Lwanga Joseph, Senior Accounts Assistant, ACD-11/2013 Embezzlement. Mukono DLG. 72. Corruptly soliciting for Mugisha Fred, State Attorney, Kiboga office. ACD-843/2013 gratification. 73. Kato Daniel, PPC No. 56952 attached to Wandegeya Corruptly soliciting for CR-CO-BUG-011-13 Police Station. gratification.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 69 INSPECTORATE OF GOVERNMENT

COURT REFERENCE S/N NAME OF ACCUSED OFFENCE COMMITTED NUMBER 74. Anguzu Robert, Planner Arua District Local Corruptly soliciting for ACD-1213/2013 Government. gratification. 75. Embezzlement and Chothembo Fred, Assistant Clerk, Zombo District. NEB-CR-0567/2013 abuse of office. Nsimbe Ismail, LC III Councilor Bwaise IIE and Corruptly soliciting for 76. Chairperson Security Link Committee, Kawempe NAB-CR-813/2013 and receiving gratifica- Division, Kampala District. tion. 77. Obina Hallan, NUSAF Facilitator, Nwoya, Amuru CO-OO- Uttering false docu- District. GUL-171-2013 ments. Otuya Abraham Emmanuel, NAADs Coordinator, Forgery, uttering false 78. Kapedo Sub-county and Ochero Simon, Acting ACD-078/2013 documents and abuse of Sub-county Chief, Kapedo Sub-county. office. Enen Okello Richard, Acting District Engineer of Lira District, Adem Morris, Stores Assistant, Lira 79. Causing financial loss District, Otim Jane, Managing Director, Seasons ACD-87/2013 and abuse of office. Enterprises Ltd and Ojok Ambrose, Director Seasons Enterprises Ltd. 80. Soliciting and receiving Sam Songol, Court Clerk/Office Supervisor, LDC. ACD-003/2013 gratification. 81. Napok Paulus Matembu, Examiner of Accounts, TOR-CR- Uttering false docu- Manafwa District. CO—0318/2013 ments. 82. BUG-CR-657/2013 Victimization of whis- Patricia Ojangole, Executive Director UDB. ACD-1/2014 tleblower.

NB: Christopher Odongo has four cases (refer to 27 in table above)

REPORT TO PARLIAMENT JULY – DECEMBER 2013 70 INSPECTORATE OF GOVERNMENT

TABLE XVIII: CRIMINAL APPEALS BY THE END OF DECEMBER 2013

COURT NAME OF NAME OF OUTCOME OF THE OFFENCE S/N REFERENCE APPELLANT RESPONDENT PREVIOUS TRIAL COMMITTED NUMBER 1. Bagarukayo Charles Uganda (IG) Acquitted in court of COA- Abuse of office first instance, convict- CA-80/2013 and causing finan- ed on all counts on cial loss. appeal, he appealed against the conviction to Court of Appeal.

2. David Chandi Uganda(IG) Convicted by the Trial Appeal No. Causing financial Jamwa court, filled appeal in 77/2011 loss, abuse of MD NSSF Court of Appeal. office &embezzlement 3. Uganda Salwa Sadat Acquitted by Trial HCT- GUL –CR Uttering false Court. App- 1/2012 documents.

4. Bongomin Richard Uganda(IG) Convicted by Trial COA Criminal Embezzlement, Akal, District Plan- Court, conviction Appeal No. Abuse of office, ner, Pader upheld by High Court, 96/2011 False account- appellant filed an ing, Forgery and appeal in Court of Uttering false Appeal. document. 5. Gashenyi John Wy- Uganda(IG) Convicted by Trial COA-CR- Abuse of office. cliffe, Former Town Court, conviction APP-240-2010 Clerk Kiboga. upheld by High Court, appellant filed an appeal in Court of Appeal.

6. Ndifuna Moses, Uganda(IG) Conviction of the low- SC-CRA- Corruptly solicit- Magistrate GII er court upheld. ing and receiving Mbarara a bribe. 7. Uganda Lanyero Evelyn Acquitted on appeal, HCT- GUL –CR Uttering of false made a further appeal. App- 2/2012 document.

8. Cheptuke Kaye Uganda(IG) Convicted by the High SC-CRA- Corruptly solicit- David, Magistrate Court. ing and receiving Grade I Kisoro a gratification.

REPORT TO PARLIAMENT JULY – DECEMBER 2013 71 INSPECTORATE OF GOVERNMENT

COURT NAME OF NAME OF OUTCOME OF THE OFFENCE S/N REFERENCE APPELLANT RESPONDENT PREVIOUS TRIAL COMMITTED NUMBER 9. Margret Kobus- Uganda(IG) Convicted by the Trial COA-CR-30-2008 Abuse of office. ingye and Wanyana, Court, appealed to Senior Economist/ High Court. Desk officer in charge of the Water and Sanitation Sector with Ministry of Finance, A2 was a Senior Assistant Engineering Officer with Ministry of Works. 10. Chemisto A.M, Sam- Uganda (IG) Convicted by the Trial COA-CSC- 205- Abuse of office, my Nelson, Swami Court. 2010 causing financial Martin. loss. 11. M. Mwanja Charles Uganda(IG) Convicted by the Trial COA CR APPEAL Abuse of office District Prisons Court, Appeal upheld No. 35/2012. and causing finan- Commander, by High Court. He filed cial loss. Kasese. a second appeal. 12. Achiga John Chaiga, Uganda(IG) Convicted by Trial COA CRIM Abuse of office District Engineer, Court, conviction up- APPEAL No. and causing finan- Moyo held by High court, ap- 295/2010 cial loss. pellant filed an appeal in Court of appeal. 13. Uganda Nahabo Asha Convicted by Trial COA CRIM Ap- Uttering false Court, acquitted by peal No. 4/2012 documents. High Court, we filed a second appeal. 14. Uganda Waidha Okuku Acquitted by Trial HCT-00-ACD – Soliciting and Stephen and Court, Convicted by CR SC021/2010 receiving a bribe. another. High Court, Accused filed second appeal. 15. Eng. Sentumbwe Uganda(IG) Application on wheth- COA- CA- 32- Corruption, Abuse and Eng. Mugisha er prosecution of the 2005 of office and Con- Shilling case should continue spiracy to defeat was resolved in IGG’s justice. favour. 16. Uganda Eng. Wanjusi Acquitted by Trial CR-481-2006 Causing financial Fabian, District Court. loss and convicted for Abuse of office.

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COURT NAME OF NAME OF OUTCOME OF THE OFFENCE S/N REFERENCE APPELLANT RESPONDENT PREVIOUS TRIAL COMMITTED NUMBER 17. Uganda Eng. P.K. Acquitted by Trial CR-482-2006 Causing financial Waiswa, District Court loss and abuse of Engineer, Igan- office. ga District 18. TuryamwesigaVa- Uganda(IG) Convicted by Trial CR- Causing financial nance, District En- Court APP-494-2006 loss and convict- gineer, Kabale Local ed for abuse of Government. office. 19. Okello and others – Uganda(IG) Convicted by Trial HCT-ACD- 008- Embezzlement, Court 2010 causing financial loss and abuse of office. 20. Stanley Mugenyi, Uganda(IG) Convicted by Trial CR-076-2009 Abuse of office Principal Staff Court, conviction and corruptly Surveyor, Mbarara upheld by High Court, soliciting and District Land Office appellant filed an receiving a gratifi- appeal in Court of cation. Appeal. 21. Sabila Herbert Uganda(IG) Convicted by High COA Appeal No. Corruptly offering former MP, Tingey, Court, he appealed to 22/2010 a bribe to an IG Sammy Nelson, Court of Appeal. officer. Treasurer Kapchor- wa, Chelimo Nathan 22. Inziku Paul, Aderu- Uganda High Court upheld the ACD App. Embezzlement, bo Vincent, Toko conviction by lower 31/2011 Causing financial Aleni, former Town court, they appealed loss, Abuse of Clerk, Arua, former to Court of Appeal. office CFO and Former Accounts Assistant respectively. 23. Inziku Paul, Aderu- Uganda High Court upheld the ACD App. Embezzlement, bo Vincent, Toko conviction by lower 32/2011 Causing financial Aleni, former Town court, they appealed loss, Abuse of Clerk, Arua, former to Court of Appeal. office CFO and former Accounts Assistant respectively. 24. Uganda Captain Mike Acquitted by High COA- Causing financial Mukula, former Court on appeal. The CA-10/2013 loss and Abuse of M

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COURT NAME OF NAME OF OUTCOME OF THE OFFENCE S/N REFERENCE APPELLANT RESPONDENT PREVIOUS TRIAL COMMITTED NUMBER 25. Opolot Johnson Uganda (IG) Conviction of lower COA-CR. Appeal Causing financial and Ojono court upheld, Opolot 89/2012 loss, Abuse of filed a second Appeal. office. 26. Ojono Charles Uganda (IG) Conviction of lower COA-CR Appeal- Causing financial court upheld, Opolot No. 90/2012 loss and abuse of filed a second appeal. office. 27. Adimo Alaba Mark, Uganda (IG) Acquittal of lower COA-29/12 Embezzlement Head Teacher court overturned and Abuse of Kabong S.S.S. and convicted by the Office. High Court. He filed a second appeal. 28. Ampumwize Nad, Uganda (IG) Conviction of lower COA-108/2012 Causing Finan- District Planner, court upheld by High cial loss, false Kabale Court, he filed a sec- accounting and ond appeal. embezzlement. 29. Uganda Rose Ochom, Acquittal by the lower HCT-CR App Abuse of office former CAO court overturned. 6/2012 and causing finan- Kumi, Johnson Ojambo filed another cial loss. Opolot, former appeal. Assistant CAO, Charles Okale- bo, former Prin- cipal Accounts Assistant, Amos Stanley Omon- go, former Inter- nal Auditor. 30. Uganda Gizbui Sam and Acquittal CRIM APPEAL Abuse of office, Mataka Godfrey No. 029/2012 causing financial loss, Embezzle- ment and false accounting by a public officer. 31. Ocaya George Uganda Convicted KT-00- Uttering false CO-746/2011 documents.

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APPENDIX E

LITIGATION CASES

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TABLE XIX: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JULY – DECEMBER 2013

NAME OF THE NO. CASE REF.NO. CAUSE OF ACTION PARTIES Lutwama Herbert -Vs- IG, Miscellaneous 1. Mukono Local Government Hearing on-going. cause No. 20/2013 and Kyambogo University. Miscellaneous Prime Contractors –Vs- IG 2. Ruling delivered in favour of IG with costs. cause No. 301/2013 and UNRA. Miscellaneous Interim Order granted ex-parte by the Ouma Adea –Vs- IG and 3. Application No. Registrar and re-instated the applicant in Attorney General. 147/2013 office. Miscellaneous Ouma Adea –Vs- IG and 4. Application No. Application yet to be heard before the judge. Attorney General. 146/2013 Miscellaneous IG –Vs- Hajji Edirisa Mutaasa Garnishee Order granted in favour of the IG 5 Application No. and 4 others and Lyantonde for UGX 19 million. 0115/2013 District. Civil Suit No. 6 Kaboodha Mtwalib –Vs- IG Ruling delivered in favour of IG with costs. 41/2011 Civil Suit No. 7 Kaboodha Mtwalib –Vs- IG Ruling delivered in favour of IG with costs. 51/2011 HCT-04-CV-CA It is an appeal challenging the grant of an ex- 8 IG –Vs- Ouma Adea 0119/2013 parte order and pending a ruling. Miscellaneous Katamba Fred –Vs- IG and It is taxation reference/appeal hearing. 9 Application No. Attorney General. Hearing on-going. 72/2012 Constitutional Judgment in favour of the IG actions that Kikondwa Butema Farm Ltd 10 Petition No. countermanded the payment of an extra 1 –Vs- Attorney General. 10/2012 billion. The issue of costs is still pending Civil Appeal No. 11 IG –Vs- Gasasira determination following withdraw of the 98/2010 appeal by the IG. Miscellaneous 12 Godfrey Lwasa –Vs- IG Submission concluded, pending ruling. cause No. 134/2007 Miscellaneous It is an application for stay of implementation Application No. Prime Contractors –Vs- IG of the IG recommendation pending the filing 13 380/2013 arising of and UNRA. of the appeal. Ruling yet to be delivered by 301. the Justices of Appeal. Opolot Phillip Gonzaga and Miscellaneous another –Vs- the District Application for interim yet to be heard by the 14 Application No. Service Commission, Tororo Judge. 0184/2013. District Local Government and IG.

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Miscellaneous Ouma Adea –Vs- IG and 15 cause No. Application for judicial review yet to be heard. Attorney General. 0006/2013 Opolot Phillip Gonzaga and Miscellaneous another –Vs- the District 16 cause No. Application for judicial review yet to be heard. Service Commission, Tororo 0007/2013 Local Government and IG. Miscellaneous 17 cause No. Nsamo Amir –Vs- IG. Hearing on-going. 320/2013 Civil suit No. Ankunda Sheila –Vs- IG and 18 Case withdrawn. 1245/2013 Attorney General. Nassolo Asiat –Vs- Miscellaneous 19 Ssembabule District Local Hearing on-going. cause No. 89/2011 Government and IG. Hajji Edirisa Mutaasa Civil Appeal No. 20 and 4 others –Vs- IG and Appeal yet to be fixed. 66/2012 Lyantonde District. Miscellaneous M/S Honey Pot Enterprises The IG was a successful party and the Bill of 21 cause No. 72/2011 Transport Co. Ltd –Vs- IG. costs is awaiting taxation.

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APPENDIX F

LETTERS OF APPRECIATION

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INSPECTORATE OF GOVERNMENT

MISSION OF THE To Promote Good Governance through enhancing Accountability, Transparency; INSPECTORATE and Enforcement of the Rule of Law and Administrative Justice in Public Offices OF GOVERNMENT INSPECTORATE OF GOVERNMENT

INSPECTORATE OF GOVERNMENT

INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel: 0414 344 219/259 738 (General Line) 0414 347 3876 (Hot Line) Fax: 0414 344 81 Web: www.igg.go.ug JULY – DECEMBER 2013 DECEMBER – JULY

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