Inspectorate of Government
INSPECTORATE OF GOVERNMENT
REPORT TO PARLIAMENT
JANUARY - JUNE 2014
Report to Parliament 1 JANUARY-JUNE 2014 Inspectorate of Government
JANUARY-JUNE 2014 2 Report to Parliament Inspectorate of Government
INSPECTORATE OF GOVERNMENT
REPORT TO PARLIAMENT
JANUARY - JUNE 2014
Report to Parliament 3 JANUARY-JUNE 2014 Inspectorate of Government
JANUARY-JUNE 2014 4 Report to Parliament 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 To Promote Good Governance through Integrity, with an Ethical and enhancing accountability, Transparency Impartiality Corruption Free and the enforcement of the rule of law Professionalism Society” and administrative justice in public Gender Equality and 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 Information and Internal Inspection Division Mr. George Nathan Bamugemereire Head: Mr. Stephen Kasirye Tel: +256 414 259780 Tel: +256 414 342113 Email: [email protected] Email: [email protected]
Deputy Inspector General of Government Public and International Relations Division Ms. Mariam Wangadya Head: Ms. Munira Ali Bablo Tel: +256 414 259709 Tel: +256 414 231530 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 Ananun Tel: +256 414 259788 Tel: +256 414 230398 | Email: [email protected] Fax: +256 414 257590 | Email: [email protected]
DIRECTORATES DIRECTORATE OF OPERATIONS DIRECTORATE OF LEADERSHIP CODE Director Operations Director Leadership Code Hajji Abon Muzamil Ms. Annet Twiine Kyokunda Tel: +256 414 346116 | Email: [email protected] Tel: +256 414 342133 Fax: +256 414 230409 | Email: [email protected] DIRECTORATE OF EDUCATION AND PREVENTION OF CORRUPTION DIRECTORATE OF LEGAL AFFAIRS Director Education and Prevention of Ag. Director Legal Affairs Corruption Ms. Sarah Birungi Mr. Jossy Jules Rwereeza Tel: +256 414 342135 / +256 414 343739 Tel: +256 414 348613 Fax: +256 414 230399 | Email: [email protected] Fax: +256 414 230389 | Email: [email protected] DIRECTORATE OF REGIONAL OFFICES DIRECTORATE OF OMBUDSMAN AFFAIRS Director Regional Offices Director Ombudsman Affairs Mr. Joram Magezi Mr. David Makumbi Tel: +256 414 346116 | Email: [email protected] Tel: +256 414 251380 Email: [email protected] PROJECT MONITORING DIVISION Director Project Monitoring Mr. James Penywii Tel: +256 414 347388 | Fax: +256 414 330400
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REGIONAL OFFICES
Arua Regional Office Masaka Regional Office Plot 14 Weather Head, Park Lane, 29/31 Victoria Road, National Water P.O. Box 789, Arua. Building Tel: 0476-420317 P.O. Box 925, Masaka. Fax: 0467-420714 Tel: 0481-21267/21766 Email: [email protected] Email: [email protected]
Fort Portal Regional Office Mbale Regional Office Plot 1A Mugurusi Road Plot No 20 Masaba Road P.O. Box 157, Fort Portal. P.O.Box 24, Mbale. Tel: 0483-423010/ 23011, Tel: 0454-435029/ 35255 Fax: 0483-423010 Fax: 0454-435255 Email: [email protected] Email: [email protected]
Gulu Regional Office Mbarara Regional Office Plot A1 Ogwok Ayaru Road Plot 17 Mufti Drive, Mbarara Pece Division, Gulu Municipality P.O. Box 1903, Mbarara. P.O. Box 771, Gulu. Tel: 0485-421068 Tel: 0471-432569 Fax: 0485-421720 Fax: 0471-432568 Email: [email protected] Email: [email protected]
Hoima Regional Office Moroto Regional Office 17 Orphanage Road Plot 3 Odeke Road P.O.Box 133, Hoima. P.O. Box 104, Moroto. Tel: 0465-442062 Tel: 0352-278373 Fax: 0465-440399 Email: [email protected] Email: [email protected]
Jinja Regional Office Moyo Regional Office Plot 35 Rippon Gardens Road Moyo S.S Road P.O. Box 303,Jinja. P.O. Box 192 Moyo. Tel: 0431-120160/ 0434-122688 Tel: 0372-280102 Email: [email protected] Email: [email protected]
Kabale Regional Office Mukono Regional Office Babukika Road Plot 16 Paul Mukasa Road, P.O. Box 981, Kabale. Opposite Mukono District EC Offices Tel: 0486-422461, P.O. Box 901 Mukono. Fax: 0486-422027 Tel: 0414 692042/3 Email: [email protected] Email: [email protected]
Kampala Regional Office Soroti Regional Office Plot 1645 Gyagenda Road Plot 47 Harridas Road Ntinda Kiwatule P.O. Box 346, Soroti. P.O. Box 1682,Kampala. Tel: 04544-63138/61584 Tel: 0414-580499 Fax: 04544-61584 Email: [email protected] Email: [email protected]
Lira Regional Office Tororo Regional Office Plot 4 Osman Road Plot 45 Kashnir Road P.O. Box 1, Lira. Tororo Municipality Direct Line: 0473-420099 P.O. Box 5, Tororo. Email: [email protected] Tel: 0454-445534/3 Email: [email protected]
JANUARY-JUNE 2014 F Report to Parliament Inspectorate of Government
TABLE OF CONTENTS
Table of Contents ...... i List of Figures ...... iii List of Tables ...... iv List of Appendices ...... iv Abbreviations & Acronyms ...... v Executive Summary ...... vii
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) ...... 2 Organization of the Inspectorate of Government ...... 3 Regional Offices of Inspectorate of Government ...... 4
CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION Investigations ...... 7 The fight against Corruption ...... 15 Arrests made ...... 17 Prosecutions ...... 17 Civil cases ...... 19 Monitoring, Training and Inspection of Government Projects ...... 20 Project Monitoring and Inspection ...... 20 Training of NUSAF 2 Sub-projects ...... 20
CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTION Introduction ...... 26 Ombudsman Complaints handled ...... 26 Challenges in implementation of Ombudsman investigations ...... 27 Specific recommendations to Government ...... 27 Future plans ...... 27
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CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE The mandate to enforce the Leadership Code of Conduct ...... 28 Activities carried out during the reporting period ...... 28 Gifts declared by leaders ...... 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 Public Awareness Activities through electronic media ...... 35 Integrity Ambassadors Club Activities ...... 36 Training/sensitization of Public Servants ...... 38 Policy and Systems Study...... 38 Challenges in carrying out Policy & Systems studies ...... 40 Future plans ...... 40
CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION Training ...... 41 International Cooperation programmes ...... 41 International Collaboration ...... 43
CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS Challenges and constraints faced by the IG in achieving strategic objectives ...... 45 Recommendations ...... 47 Future Plans ...... 48
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LIST OF FIGURES
Figure 1 Graph showing investigations handled by the Inspectorate of Government .. 8 Figure 2 Graph showing the trend of arrests and prosecutions for the years 2006 – 2014 .. 18 Figure 3 Workload for the period January –June 2014 ...... 58 Figure 4 Categorization of Complaints Registered by Gender for the period January –June 2014 ...... 59 Figure 5 Comparison of Investigations for the Periods July – December 2013 and January – June 2014...... 60 Figure 6 Trend of complaints registered for the period (2005-2013) ...... 62 Figure 7 Trends of complaints investigated and completed by the IG (2005-2013 .. .. 63 Figure 8 Functions of the Directorates ...... 71 Figure 9 Functions of the Divisions ...... 71 Figure 10 Functions of the Department of Finance and Administration ...... 72 Figure 11 Functions of IGG/DIGG’s ...... 72
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LIST OF TABLES
Table I Distribution of IG Regional Offices & districts covered .. .. 5 Table II Investigations carried out by the Inspectorate ...... 7 Table III Corruption Complaints investigated and completed during the Period January – June 2014 ...... 9 Table IV Top ten departments/Institutions complained against .. .. 10 Table V Ombudsman Complaints investigated and completed...... 27 Table VI Training and International Cooperation...... 41 Table VII Institutions and Action Officers that have not implemented IG Recommendations ...... 51 Table VIII Number of complaints registered by the Inspectorate of Government for the period January - June 2014 ...... 61 Table IX Complaints received according to districts for the Period January – June 2014 ...... 64 Table X The nature of complaints investigated and completed during the period January – June 2014 ...... 67 Table XI Departments/Institutions complained against during the Period January – June 2014 ...... 68 Table XII Arrests effected between January – June 2014 ...... 74 Table XIII Summary of finalized cases of prosecution during the Period January – June 2014 ...... 77 Table XIV On-going cases of Prosecution by the end of June 2014 .. .. 79 Table XV Criminal Appeals by the end of June 2014 ...... 85 Table XVI Summary of on-going Civil cases during the period January – June 2014.. 92
LIST OF APPENDICES
Appendix A - Institutions and Action Officers that have not implemented IG Recommendations ...... 50 Appendix B - A statistical presentation of IGG investigations and other activities.. 57 Appendix C - Arrests ...... 73 Appendix D - Prosecution cases ...... 76 Appendix E - Litigation cases ...... 91 Appendix F - Some of the letters of Appreciation received ...... 94
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ABBREVIATIONS AND ACRONYMS
AG - Attorney General AOMA - African Ombudsman and Mediators Association COU - Church of Uganda CADP - Corporate and Development Plan CAO - Chief Administrative Officer CDO - Community Development Officer CFO - Chief Financial Officer CIID - Criminal Investigations and Intelligence Department CIR - Community Infrastructure Rehabilitation CMGs - Community Monitoring Groups CPCs - Community Procurement Committees CPL - Corporal CPMCs - Community Project Management Committees CSO - Civil Society Organisation CTs - Community Trainers D/CPL - Detective Corporal D/SGT - Detective Sergeant DANIDA - Danish International Development Agency DAPCB - Departed Asian Property Custodian Board DC - District Council DCC - District Coordinating Committee DEO - District Education Officer DEP - Directorate of Education/IG DISO - District Internal Security Officer DLA - Directorate of Legal Affairs/IG DLC - Directorate of Leadership Code/IG DLG - District Local Government DOA - Directorate of Ombudsman Affairs/IG DOP - Directorate of Operations/IG DPC - District Police Commander DPP - Director of Public Prosecutions DRO - Directorate of Regional Offices/IG DSC - District Service Commission DTM - Data Tracking Mechanism ED/UDN - Executive Director Uganda Debt Network ESAAMLG - Eastern and Southern Anti- Money Laundering Group FDC - Forum for Democratic Change GISO - Gombolola Internal Security Officer GPS - Global Positioning System HRO - Human Resource Officer IACs - Integrity Ambassadors Clubs ICPAU - Institute of Certified Public Accountant of Uganda IEC - Information, Education and Communication materials IG - Inspectorate of Government IGG - Inspector General of Government III - Information and Internal Inspection ISO - Internal Security Officer JLOS - Justice, Law and Order Sector
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KCCA - Kampala Capital City Authority LAN - Local Area Network LC III - Local Council Three LCV - Local Council Five LDC - Law Development Centre LGPPDA - Local Government Public Procurement and Disposal of Assets MDA’s - Ministries, Departments and Agencies MOES - Ministry of Education and Sports MOLG - Ministry of Local Government MP - Member of Parliament NAADS - National Agricultural Advisory Services NEMA - National Environment Management Authority NFA - National Forestry Authority NGO - Non Governmental Organization NPA - National Planning Authority NSSF - National Social Security Fund NUSAF - Northern Uganda Social Action Fund NWSC - National Water & Sewerage Corporation ODA - Organization Development Assessment OIC - Organization of Islamic Countries OPM - Office of the Prime Minister P&IR - Public and International Relations PDU - Procurement and Disposal Unit PHRO - Principal Human Resource Officer PMD - Project Monitoring Division/IG PPDA - Public Procurement and Disposal of Assets PRDP - Peace Recovery and Development Plan PS - Permanent Secretary PSC - Public Service Commission RALNUC - Restoration of Agricultural Livelihoods in Northern Uganda Component RDC - Resident District Commissioner RMs - Regional Managers RPC - Regional Police Commander SACM - Social Accountability and Community Monitoring SACs - Social Accountability Committees SMS - Short Message Service TAAC - Transparency, Accountability and Anti- Corruption TIU - Transparency International Uganda UBC - Uganda Broadcasting Corporation UCC - Uganda College of Commerce UEPB - Uganda Export Promotion Board 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 UPPET - Universal Post Primary Education and Training URA - Uganda Revenue Authority UWA - Uganda Wildlife Authority WAN - Wide Area Network JANUARY-JUNE 2014 vi Report to Parliament Inspectorate of Government
EXECUTIVE SUMMARY
Introduction values of constitutionalism in general and The Inspectorate of Government was the activities of the office, in particular, established under Article 223 of the through any media or other means it Constitution of the Republic of Uganda. considers appropriate; Under Article 231 of the Constitution, In order to fulfill its mandate, the the Inspectorate of Government (IG) is Inspectorate of Government is granted required to submit to Parliament at least general and special powers as laid out in once in every six months, a report on the Chapter One of this report. performance of its functions and making Structure of the Report recommendations which the office considers The report comprises seven chapters on necessary for the efficient performance various aspects of the IG’s constitutional of public institutions. The report is also mandate as summarized below: meant to provide any other information that Parliament may require. This is the 31st Chapter One gives a brief account of the report of the Inspectorate of Government to jurisdiction and independence of the office. Parliament and the 7th report submitted to The chapter also gives a summary of IG’s the 9th Parliament. It is a summary of the strategic objectives as contained in the IG performance of the Inspectorate during the Corporate and Development Plan (CADP) period January – June 2014. 2010-2014. The chapter further lays out the organization structure of the IG. The functions of the Inspectorate of Government as spelt out in Article 225(1) of the Chapter Two covers the measures used Constitution are: by the institution in the implementation of (a) To promote and foster strict adherence to its anti-corruption functions. These include the rule of law and principles of natural investigation of complaints from the public justice in administration; about corruption in public institutions; (b) To eliminate and foster the elimination monitoring and inspection of key government of corruption, abuse of authority and of projects implementation activities; arrest public office; and prosecution of persons involved in (c) To promote fair, efficient and good corrupt practices. The chapter also reports governance in public offices; on the civil suits that the IG handled during (d) To supervise the enforcement of the the period. Leadership Code of Conduct; (e) To investigate any act, omission, advice, Chapter Three highlights the activities decision or recommendation by a public carried out by the IG in its implementation officer or any other authority to which of the Ombudsman function. this Article applies, taken, made, given or done in exercise of administrative Chapter Four covers activities carried out functions; by IG in enforcing the Leadership Code of (f) To stimulate public awareness about the Conduct.
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Chapter Five focuses on the preventive national and international cooperation measures used by the office to curb between the IG and other stakeholders. corruption and promote good governance in public offices. Chapter Seven highlights the general operational constraints and challenges Chapter Six reports on the training faced by the IG. The chapter further activities that were carried out for the outlines the future plans for the office and officers of the Inspectorate during the recommendations to Government on how to period and activities carried out to enhance improve efficiency and effectiveness of the Inspectorate.
Summary of Achievements of the Inspectorate of Government in the period January - June 2014 Investigations these, 5,952 were brought forward from the The Inspectorate of Government receives previous reporting period. A total of 1,579 complaints or initiates investigations of complaints were received or initiated by allegations of corruption, maladministration, the Inspectorate of Government including breach of the Leadership Code of conduct 166 investigations that arose from audit and arrests, prosecutes and recommends reports. A total of 1,418 investigations and administrative action on persons implicated. 29 verifications were completed while 236 complaints were processed and referred to During the period under review, the other Institutions. Inspectorate had a total workload of 7,539 complaints. This workload includes The table below shows the workload during verification of leaders’ declarations. Out of the period January – June 2014.
Workload during the period January – June 2014 Description Number
a Complaints brought forward (a) 5,952
b Investigations from Audit Reports (b) 166
c New complaints received/initiated (c) 1,579
d New verifications of leaders’ declarations (d) 8
e Total workload (e) = a + b + c + d 7,539
f Investigated & completed (f) 1,418
g Verification concluded 29
h Referred to other Institutions (g) 236
i Rejected complaints (h) 32
j Total complaints concluded (i) = f + g + h 1,715
k Carried forward (j) = e – i 5,824
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Corruption Investigations previous period. This implies that The powers of the Inspectorate of performance in investigation of cases Government to investigate or cause involving corruption improved by investigation, arrest or cause arrest, 42%. prosecute or cause prosecution in respect of cases involving corruption and abuse of Corruption complaints that were processed authority are stipulated in Article 230 of and referred to other institutions during the the 1995 Constitution and Sec.14(5) of the current period were 108 compared to 27 Inspectorate of Government Act, 2002. complaints that were processed and referred to other institutions during the previous In the implementation of the Anti-Corruption period. function, the IG carries out investigations where commission of any offence under the A review of complaints Anti-Corruption Act is alleged. received by the IG indicates that most complaints were those Practices that are deemed by law under against individual public officers Anti-Corruption Act as corrupt include accounting for 18.6% of the total such acts as bribery, extortion, diversion complaints received. Complaints of public resources, influence peddling, against District Administrators conflict of interest, abuse of office, loss of were the second accounting for public property, sectarianism, nepotism, 13.8% of the total complaints embezzlement, causing financial loss, false received. Complaints against assumption of authority, fraudulent disposal Municipal Councils/Town Councils of trust property, false accounting, false accounted for 7.3% of the total claims, uttering of false certificates by public complaints received. This was officers and illicit enrichment. Where the followed by complaints against subject of an investigation is found to have Uganda Police which accounted committed a criminal offence, investigations for 5.6%. may result in arrest and prosecution. In comparison with the previous period, During the period January – June 2014, the above categories are still the highest of the Inspectorate received 1,092 corruption the institutions/departments complained complaints which accounted for 61.2% of the against. The details of the institutions/ total complaints that were received. departments complained against are contained in table XIII of this report. The corruption complaints received during the current reporting Arrests and Prosecutions period increased by 4% compared to During the period under review, twenty six the previous period (July – December (26) public officers were arrested for various 2013). A total of 772 corruption corruption offences and charged in courts of investigations were completed law. during the reporting period while 545 corruption investigations were completed during the
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PRDP II and UPPET projects. IG prosecuted one hundred fourteen (114) cases, out of which During the period under review, IG ninety seven (97) were carried monitored and inspected activities under forward from the previous period the three projects in the districts of Oyam, and seventeen (17) were new cases Apac, Kole, Alebtong, Otuke, Amolatar, Lira, registered in courts of law during Dokolo, Gulu, Amuru, Pader, Bukwo and the reporting period. Eight (8) Kitgum. The IG also carried out training of cases resulted into conviction, NUSAF II Community Project Management four (4) resulted in acquittals. Six Committees (CPMCs), Community (6) cases were withdrawn, one (1) Procurement Committees (CPCs) and Social abated. One (1) was dismissed. Accountability Committees (SACs) in the districts of Kapchorwa, Kibuku, Kween, Eighty (80) cases were on-going at first trial Oyam, Otuke, Lira, Amolatar and Apac. and thirty four (34) cases were on appeal as With support from the World Bank, the IG of 30th June 2014. The details of cases IG also launched the Social Accountability prosecuted during the reporting are contained and Community Monitoring (SACM). This in Appendix C of this report. activity is being piloted in 730 sub-projects distributed in 181 sub-counties in 33 Civil cases districts of the NUSAF districts. The details As part of its mandate of fighting corruption of this and other activities under (TAAC) are and defending its actions, the Inspectorate found in Chapter Two of this report. of Government handles civil suits, including civil applications and constitutional petitions Promoting the Rule of Law and instituted against it in courts of Judicature. Administrative Justice (The During the period under review Ombudsman Function) The Constitution empowers the Inspectorate IG handled fourty eight (48) of Government to ensure strict adherence civil cases in courts of law. to the rule of law and principles of natural Twenty three (23) were concluded justice in administration; to promote fair, and twenty five (25) cases are still efficient and good governance in public on-going. offices; and to investigate any act, omission, advice, decision or recommendation by a The details of civil cases are contained in public officer or any other authority to which Appendix D of this report. Article 225 applies.
Ensuring Transparency and Ombudsman Complaints Accountability in Government During the period under review, the Projects Inspectorate of Government received various The IG was co-opted under the complaints against public officers. These Transparency, Accountability and Anti- included mismanagement of public funds Corruption (TAAC) sub-component to ensure and property, employment disputes such as efficiency and value for money for NUSAF II, irregular recruitments, unfair dismissals,
JANUARY-JUNE 2014 ix x Report to Parliament Inspectorate of Government victimization, non-payment or delayed recommendations for remedial measures. payment of salary, salary arrears, leave allowances, gratuity, terminal benefits and The institutions to be studied are selected failure to access/deletion from payroll, on the basis of information the Inspectorate inheritance and administration of estates of Government receives through complaints, disputes, Property disputes and improper media reports, audit reports and periodic tendering procedures by both central and surveys. During the period under review, local governments. the IG concentrated on completing four (4) systems studies that were iniatiated during The Inspectorate had a total of 2,033 the previous reporting period. ombudsman complaints out of which 478 were new complaints received during the Enforcement of the Leadership Code period while 1,555 were complaints brought of Conduct forward from the previous period. Out of The Constitution and the Leadership 478 complaints received, 32 complaints were Code Act mandate the Inspectorate of found to lack merit and the complainants Government to ensure that specified leaders were advised accordingly. Only 128 under the LCA declare their incomes, complaints were processed and referred to assets, and liabilities once every two years other institutions, while 625 complaints explaining how they acquired or incurred were investigated and completed; a total of them respectively. This is to ensure that 1,248 complaints were carried forward. leaders adhere to a standard of behaviour that promotes integrity, transparency and Most of the Ombudsman accountability in their conduct of public complaints were related to affairs. The Act imposes penalties on leaders nonpayment of salary, pension, who breach it. gratuity and other benefits. During the period under review During the period under review, the institution most complained against was the a total of 1,049 declarations Ministry of Public Service. Many complaints were examined. Income, assets relating to deletion from the payroll and non- and liabilities of twelve (12) payment of pension and salary arrears were leaders were verified and a successfully handled. total of one hundred and seven (107) properties were inspected Policy and Systems Studies and two (2) were valued. Sixty Given the fact that strengthening of two (62) bank accounts were institutions is a key anti-corruption inspected and a total of nineteen measure, the Inspectorate of Government (19) verifications and ten (10) carries out studies into operations, policies, investigations were completed. systems, procedures and legislation of various government ministries, departments The details of these are given in Chapter Four and agencies with a view to identifying areas that may lead to corruption and make of this report.
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Public Awareness Programmes During the period under review, the IG The Inspectorate of Government is continued to carry out public awareness constitutionally mandated to sensitize programmes through: supporting the and educate the public about the values integrity clubs in universities and other of constitutionalism in general and the tertiary institutions, radio programmes, activities of the Institution in particular, workshops and presentation of papers on through any media or any other means it topical issues to public servants at various considers appropriate. fora. A total of eleven (12) workshops/seminars, The public is educated three (3) students’ seminars and seven (7) about their constitutional right PRDP II workshops were conducted. The to access services without details of these and other public awareness having to pay bribes and made programs carried out are contained in aware of their civic duties and Chapter Five of this report. responsibilities to demand for accountability from their leaders, value for money and also on how to report corrupt practices to the Inspectorate of Government.
Capacity Building through Training and International Cooperation
Training National and International The Inspectorate of Government is Cooperation committed to strengthening and building The IG appreciates the fact that the war capacity of its staff through training in against corruption and the promotion of order to equip them with knowledge, skills good governance requires the cooperation, and attitudes to improve their performance. support and exchange of ideas with other During the reporting period, therefore, some stakeholders both at the national, regional IG staff attended training programmes which and international levels. This has been included the following: Training for Heads of achieved through participation of some Investigation and Prosecution in Botswana, IG staff in conferences, workshops and Training of Trainers of Investigators in exchange programmes and collaboration Ombudsman offices in South Africa and with local, regional and international anti- Specialized Training in Internet Working corruption agencies. (See chapter six for Design and LAN/WAN administration. details).
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Some of the achievements registered during the period January – June 2014 Outcome Quantity
Money saved as a result of IG intervention (Approx) 7bn
Money recovered as a result of investigations and deposited on IG 632,185,205 Recovery Account
Public officers under prosecution by IG 114
Public Officers convicted 8
Public officers arrested by the IG 26
Warned public officers 35
Civil cases concluded 23
Officers who were advised 14
Cancelled appointment letters of public servants 8
Officers submitted to Commissions (e.g. DSC) for disciplinary action 69
Interdicted public officers 23
Dismissed officers 40
Re-advertised posts 6
Public officers who were demoted 5
Major Constraints and Challenges many public institutions and high cost of The Inspectorate appreciates the support renting office premises. rendered by the Government and Development Partners in fulfillment of the IG Future plans mandate. However, there are still a number (a) Strengthen the capacity of the Regional of challenges, most of which arise from offices by providing more staff and office inadequate funding and loopholes in the equipment. existing Legal Framework. These constraints (b) Strengthen the capacity of IG and challenges affect the IG’s effective investigation and prosecution staff implementation of its mandate of combating through training, sharing of information corruption, maladministration and enforcing and experiences with other ombudsman, the Leadership Code of Conduct. anti-corruption and Ethics Institutions. (c) Increase supervision, monitoring and The challenges and constraints include; anti-corruption campaigns. inadequacies in the existing legal framework, (d) Construction of Inspectorate of limited human and financial resources, Government Head office. negative societal attitudes and failure to (e) Increased collaboration with sister implement IG recommendations, court Institutions, the public and MDAs. delays, poor record keeping in Government (f) Organization Development Assessment institutions, lack of computerized data in (ODA) of the Institution
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Recommendations Recommendations for institutions In order to overcome the constraints most complained against and fulfill its mandate, the following a) District Administrators: Auditing of recommendations are hereby submitted to local governments accounts should be Parliament and the Executive: strengthened. (i) The amendment of the Leadership Code Act should be finalized and the b) Individual public officers: Leadership Code Tribunal should be Improvement of staff appraisals established as soon as possible for and supervision by the relevant efficient enforcement of the Code. authorities.
(ii) Parliament should debate the IG c) Municipal Councils/Town Councils: reports and provide appropriate Strengthening of internal audits feedback to IG for improved together with improved supervision. performance. d) Uganda Police: Regular transfers of (iii) Government should appropriate police officers in addition to capacity additional funding to IG for operation building of the Police Standards Unit. and other expenses. e) School Administrators: Regular (iv) Government should provide funds for external audits should be done to construction of the IG Head office. detect and deter fraud. Teachers Money used for rent would be used for should be appointed after scrutiny operations and other requirements for and verification of their academic the Inspectorate. documents. Inspection of schools should be strengthened. (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.
JANUARY-JUNE 2014 xiv Report to Parliament Inspectorate of Government
CHAPTER ONE INTRODUCTION 1.1 CONSTITUTIONAL MANDATE governance in public offices; The Inspectorate of Government (IG) (d) To supervise the enforcement of the is a constitutional body established Leadership Code of Conduct; under Chapter 13 of the Constitution (e) To investigate any act, of the Republic of Uganda. The IG has omission, advice, decision or a broad mandate of promoting good recommendation by a public governance, fighting corruption, and officer or any other authority to enforcing the Leadership Code Act. which the Article applies, taken, Article 231 of the Constitution requires made, given or done in exercise of the IG to submit to Parliament at least administrative functions; and once in every six months a report (f) To stimulate public on the performance of its functions, awareness about the values of making such recommendations as it constitutionalism in general considers necessary and containing and the activities of its office, in such information as Parliament may particular, through any media require. or other means it considers appropriate. This is the 31st report of the IG to Parliament and the 7th report submitted 1.3 GENERAL POWERS OF THE to the 9th Parliament. It is a summary INSPECTORATE OF GOVERNMENT of the performance of the Inspectorate The general powers of the Inspectorate for the period January – June 2014. are laid down in section 12 of the Inspectorate of Government Act and 1.2 FUNCTIONS OF THE include; authority by IG officers to INSPECTORATE OF GOVERNMENT investigate allegations of corruption, The functions of the Inspectorate of abuse of office, maladministration Government as spelt out in Article and breach of the leadership code of 225 of the Constitution of Uganda conduct. and Section 8(1) of the Inspectorate of Government Act include the following: The Inspectorate also, has powers (a) To promote and foster strict to enter and inspect the premises adherence to the rule of law and or property of any department principles of natural justice in of Government, person or of any administration; authority; to call for, examine and (b) To eliminate and foster the where necessary, retain any document elimination of corruption, abuse of or item in connection with the case authority and of public office; being investigated, found on the (c) To promote fair, efficient and good premises; and may, in those premises, Report to Parliament 1 JANUARY-JUNE 2014 Inspectorate of Government carry out any investigation for the Corruption Act 2009 to include the purpose of its functions. Private Sector. The IG is independent in the performance of its functions and 1.4 SPECIAL POWERS OF THE shall not be subject to the direction or INSPECTORATE OF GOVERNMENT control of any person or authority and The Inspectorate of Government shall only be responsible to Parliament. is granted special powers under Article 230 of the Constitution and 1.6 STRATEGIC OBJECTIVES Section 14 (5) of the Inspectorate OF THE INSPECTORATE OF of Government Act. These powers GOVERNMENT (CADP 2010 – 2014) include power to investigate, cause The following are the IG’s strategic investigations, arrest, cause arrest, objectives as set out in its five year prosecute or cause prosecution in corporate and Development Plan respect of cases involving corruption, (CADP) 2010-2014 abuse of authority or of public office, (i) To adopt strategic approaches maladministration and breach of which promote effective the leadership code of conduct. The and efficient investigations, Inspector General of Government may prosecutions, enforcement of also, during the course of his or her leadership code act, attend to duties or as a consequence of his or ombudsman complaints and her findings, make such orders and represents the IG in Courts of give such directions as are necessary Law concerning its actions and and appropriate in the circumstances. recommendations. (ii) To develop and implement a 1.5 JURISDICTION AND comprehensive and effective public INDEPENDENCE OF THE awareness strategy. INSPECTORATE OF GOVERNMENT (iii) To strengthen the capacity Articles 226 and 227 of the of Regional Offices to combat Constitution provide the Inspectorate corruption at Local Government of Government with areas of authority levels and guarantee its independence. The (iv) To promote and foster strategic jurisdiction of the Inspectorate of alliances/partnerships to fight Government covers officers or leaders corruption, abuse of Office and whether employed in the public administrative injustices. service or not, and the institutions, (v) To strengthen systematic organizations or enterprises Parliament investigations, policy and systems has prescribed under S.9 of the studies in order to improve Inspectorate of Government Act. These practices or procedures in include the Cabinet, Parliament, courts government entities. of law, central and local governments (vi) To monitor corruption trends and statutory corporations, among through periodic surveys such others. The jurisdiction of the IG as the Data Tracking Mechanism has also been expanded by the Anti- (DTM) reports. JANUARY-JUNE 2014 2 Report to Parliament Inspectorate of Government
1.7 ORGANIZATION OF THE in Central Government, Ministries, INSPECTORATE OF GOVERNMENT Departments and Agencies (MDAs). Article 223 of the Constitution provides for the Leadership of the Inspectorate Directorate of Legal Affairs of Government which comprises the The Directorate is headed by a Director Inspector General of Government who is the Principal Legal Advisor to (IGG) and two Deputy Inspectors the Inspectorate and ensures that General of Government (DIGGs). The the Inspectorate exercises its powers Inspector General of Government and in conformity with the law. The the Deputies are appointed by the Directorate enhances transparency and President with the approval of the accountability in public offices through Parliament of Uganda. prosecution of suspects of corruption and abuse of office and represents the The Secretary to the Inspectorate of IG in all Courts of Judicature. Government is the Accounting Officer and is appointed by the President Directorate of Education and on the advice of the Public Service Prevention of Corruption Commission. The Directorate is headed by a Director For purposes of implementing and is responsible for carrying out its functions and objectives, the public awareness about the values of Inspectorate of Government is Constitutionalism and the activities of structured into a Department, six the Inspectorate through workshops/ Directorates and three Divisions as seminars, the media and any other follows: means the Inspectorate considers appropriate. Department of Finance and Administration Directorate of Leadership Code The Department is responsible This is headed by a Director and for coordination and provision of is responsible for carrying out administrative support services to field operations, monitoring and the technical Directorates, Divisions enforcement of the Leadership Code and Units and efficient management of Conduct to ensure integrity, of the financial resources to enhance transparency and accountability smooth running of the Inspectorate. among leaders specified under the The Department is headed by the Act. It ensures that all leaders declare Undersecretary. their income, assets and liabilities, investigates allegations of breach of the Directorate of Operations Code and conducts other investigations The Directorate is headed by a Director that are not related to the breach of the and is responsible for carrying out field Code. operations. It ensures accountability and transparency in public offices through investigation of corruption Report to Parliament 3 JANUARY-JUNE 2014 Inspectorate of Government
Directorate of Regional Offices and other government departments, as The Directorate is headed by a Director well as conducting investigations. and its role is to ensure accountability and transparency in public Public and International Relations offices through investigating mal- Division administration and unfair treatment, The Division is headed by a Principal corruption and allegations of breach Inspectorate Officer who reports of Leadership Code by leaders in directly to the IGG. The Division is Local Governments. The Directorate responsible for both national and is in charge of Regional Inspectorate international public relations in the Offices and operations, and improves Inspectorate. efficiency in service delivery by taking the services of the Inspectorate nearer Project Monitoring Division to the people. The Division is headed by a director and was created in April 2014. This Directorate of Ombudsman Affairs is a new initiative by the Inspectorate The Directorate is headed by a Director of Government aimed at ensuring and is in charge of investigating public Transparency, Accountability and complaints of maladministration in anti-corruption measures in the the Central and local governments. implementation of Government It also carries out Policy and Projects and Programmes. This System Studies with a view to involves working closely with all making recommendations for better stakeholders including Development governance. The Directorate promotes Partners, Ministries, Departments and the culture of administrative justice Agencies, Local Governments and the and transparency in public offices communities to ensure proper project through the investigation of complaints implementation and value for money. of mal-administration and carrying out studies on identified systems, 1.8 REGIONAL INSPECTORATE practices, procedures and policies that OFFICES may lead to maladministration. To take its services closer to the people, pursuant to the provisions of Information & Internal Inspection Article 228 of the Constitution, the Division Inspectorate has so far established The Division is headed by a Senior sixteen (16) Regional Offices. The Principal Inspectorate Officer who Regional Offices are structured reports directly to the IGG. It to perform the functions of the ensures efficiency, transparency Inspectorate and are distributed over and accountability among staff of the country as follows: the Inspectorate of Government by detecting and curtailing possible corruption among them and by vetting staff to be recruited by the Inspectorate JANUARY-JUNE 2014 4 Report to Parliament Inspectorate of Government
Table I: Distribution of IG Regional Offices and the districts covered
No. Region Regional office Districts Mpigi, Mityana, Mubende, Butambala, Wakiso, Kampala Gomba and Kampala. Masaka, Kalangala, Sembabule, Rakai, 1. Central Masaka Bukomansimbi, Kalungu, Lwengo and Lyantonde. Mukono, Kayunga, Nakaseke, Luwero, Buvuma, Mukono Nakasongola, and Buikwe. Fort Portal, Kabarole, Bundibugyo, Ntoroko, Fort Portal Kamwenge, Kyenjojo, Kyegegwa and Kasese. Hoima, Kibaale, Kiboga, Buliisa, Masindi and Hoima Kiryandongo. 2. Western Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Mbarara Rubirizi, Mitooma, Sheema, Buhweju and Ntungamo. Kabale Kabale, Kisoro, Kanungu and Rukungiri.
Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Jinja Luuka, Namutumba, Mayuge and Namayingo. Soroti, Amuria, Kaberamaido, Katakwi, Bukedea, Soroti 3. Eastern Ngora, Serere and Kumi. Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Mbale Pallisa, Bulambuli, Kibuku and Kween. Tororo Tororo, Busia, Butaleja, Manafwa and Bududa.
Arua Arua, Koboko, Zombo, Nebbi and Maracha.
Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Gulu Amuru.
4. Northern Moroto, Abim, Nakapiripirit, Amudat, Kotido, Napak Moroto and Kaabong.
Lira, Apac, Oyam, Dokolo, Otuke, Alebtong, Kole Lira and Amolatar.
Moyo Moyo, Adjumani and Yumbe.
Report to Parliament 5 JANUARY-JUNE 2014 Inspectorate of Government
DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
DISTRICTS SERVED BY INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
IGG OFFICES
Mbarara Masaka Kampala MOYO KAABONG Hoima KOBOKOYUMBE LAMWO Mbale KITGUM Tororo MARACHA ADJUMANI
Mukono KOTIDO ARUA AMURU PADER AGAGO Moyo GULU Soroti ABIM MOROTO
Moroto ZOMBO NWOYA NEBBI OTUKE Kabale OYAM NAPAK KOLE LIRA ALEBTONG Jinja AMURIA Lira KIRYANDONGO BULIISA APAC DOKOLO Gulu KATAKWI NAKAPIRIPIRITAMUDAT KABERAMAIDOSOROTI Kabarole MASINDI AMOLATAR Arua SERERE NGORA KAPCHORWA HOIMA KWEEN NAKASONGOLA KUMIBUKEDEA BUYENDE BULAMBULIBUKWA PALLISA SIRONKO KYANKWANZINAKASEKE BUDAKA KALIRO BUDUDA NTOROKO KIBUKU MBALE KIBAALE KAYUNGAKAMULI NAMUTUMBA KIBOGA BUTALEJAMANAFWA LUWERO LUUKA TORORO BUNDIBUGYO KYENJOJO IGANGA KABAROLE JINJA MUBENDE BUGIRI KYEGEGWA MITYANA BUSIA KAMPALA MAYUGE BUIKWO KAMWENGE GOMBA KASESE BUTAMBALA MPIGI WAKISOMUKONO KIRUHURA SSEMBABULE IBANDA BUKOMANSIMBIKALUNGU LYANTONDE RUBIRIZI BUHWEJU NAMAYINGO LWENGO BUVUMA BUSHENYI MASAKA MBARARA KALANGALA MITOOMASHEEMA RUKUNGIRI RAKAI KANUNGU ISINGIRO NTUNGAMO KISOROKABALE
JANUARY-JUNE 2014 6 Report to Parliament Inspectorate of Government
CHAPTER IMPLEMENTATION OF THE TWO ANTI-CORRUPTION FUNCTION 2.1 INTRODUCTION Disciplinary action in varying degrees As the number of grand corruption from warnings to dismissal may also cases investigated has increased, be recommended to the supervisors public officials are devising new ways of public officers and monies lost or to avoid detection. embezzled recovered from the culprits. Assets may also be confiscated from a public officer who investigations Corruption cases involving establish to have acquired them colossal sums of funds often through corrupt means. involves acts of syndicate, in which different public officials This Chapter, therefore, gives in different MDAs or at different brief facts about investigations of levels within a given MDA collude corruption, arrests and prosecutions that were carried out during the to embezzle public funds. reporting period. The chapter also highlights the activities carried out by For the implementation of the Anti- the IG in its role to ensure proper use Corruption function the IG uses of NUSAF II, PRDP II and UPPET funds. enforcement measures i.e carries out investigations where commission of 2.2 INVESTIGATIONS any offence under the Anti-Corruption The table below illustrates the Act 2009 is alleged. Where the comparative analysis of the general subject of an investigation is found investigations carried out during the to have committed an offence he/ she may be arrested and prosecuted. current and previous reporting periods.
Table: II Investigations carried out by the Inspectorate July – December 2013 January – June 2014 a Complaints brought forward 5,382 5,952 b Investigations from Audit Reports 53 166 c New complaints received/initiated 1,513 1,579 d New verifications of leaders’ declarations 14 8 e Total workload = a + b + c + d 6,962 7,539 f Investigated & completed 822 1,418 g Verifications concluded 23 29 h Referred to other Institutions ) 144 236 i Rejected complaints) 21 32 j Total complaints concluded = f + g + h +i 1,010 1,715 k Carried forward = e –j 5,952 5,824
Report to Parliament 7 JANUARY-JUNE 2014 Inspectorate of Government
As indicated in the table above, the were received 116 complaints were Inspectorate had a total workload of those received through the new SMS 7,539 complaints during the current Reporting System that was launched reporting period compared to 6,962 in June 2013. The chart below shows a complaints which were handled during comparison of investigations that were the previous period (July – December handled during the previous reporting 2013). Out of 1,579 complaints that period and the current one.
Figure 1: Graph showing investigations handled by the Inspectorate of Government
The graph above shows that a total of 1,418 complaints were investigated This shows that the and completed during the current performance of the IG, as far as reporting period compared to 822 investigations are concerned, complaints that were completed during improved during the current the previous period. period by 72.5%.
JANUARY-JUNE 2014 8 Report to Parliament Inspectorate of Government
A total of 1,092 corruption complaints complaints were completed during the which accounted for 69% of the previous reporting period. total complaints were received. The Of the total number of new corruption complaints received during corruption complaints received by the the current reporting period slightly Inspectorate, 528 (48.4%) were received increased by 4% compared to the at the Headquarters in Kampala while previous period (July – December 564 (51.6%) were registered at the 2013) which was 1,050. A total of Regional Offices. 772 corruption complaints were The nature of corruption complaints investigated and completed while 545 investigated and completed during the
Table III: Corruption complaints investigated and completed during the period January – June 2014
Corruption Complaints Number of Complaints %age 1 Abuse of office 178 12.3%
2 Corruption 165 11.4%
3 Investigations arising out of Audit Reports 91 6.3%
4 Forgery and uttering of false documents 79 5.5%
5 Misappropriation of public resources 65 4.5%
6 Embezzlement 58 4.0%
7 Conflict of interest 46 3.2%
8 Bribery 32 2.2%
9 Extortion 29 2.0%
10 False Claims 24 1.7%
11 Nepotism 5 0.3%
12 Sub Total 772 53.4% period, are shown in the table below: 13.8% of the total complaints received. Analysis of the complaints received by There are several types of corruption the Inspectorate of Government during that occur in local governments; the period January – June 2014 shows some are more prevalent than others, that the complaints against individual and some are more common to local public officers are the highest governments than to larger segments accounting for 18.6% of the total of Government. Local governments complaints received. These were public may be more susceptible to corruption officials who were alleged to have used because interactions between private their offices for private gain. This was individuals and officials happen at followed by complaints against district greater levels and with more frequency administrators that accounted for than at decentralized levels. Forms of
Report to Parliament 9 JANUARY-JUNE 2014 Inspectorate of Government corruption pertaining to money like getting caught and prosecuted. bribery, extortion, embezzlement, and graft are commonly found in local The 4th ranked category was Uganda government systems. Other forms Police which accounted for 5.6% of of corruption found are nepotism the total complaints registered. The and patronage. There is therefore, common nature of complaints against need to strengthen auditing in local police included mishandling of cases, governments. bribery, abuse of office, and delay of service delivery. Another category that was mostly complained against was Municipal The Uganda Police Force is the Councils/Town Councils accounting most bribery-prone institution for 7.6% of the total complaints in the country, because bribery received. The nature of complaints in is either demanded by Police or this category included mishandling of offered by the people seeking tenders/contracts, conflict of interest, service from the police. The abuse of office, embezzlement and Police Standards Unit is doing property disputes. Most complaints a commendable job to instill in this category were registered at discipline in the force but they need to be strengthened in order the regional offices. Municipalities to be more effective in curbing require more local officials to represent internal corruption. and manage them. However, with more officials, it becomes more The details of complaints against difficult to monitor their activities. institutions/departments are contained This encourages corruption to occur in table XIII of this report. because there is less likelihood of
Table IV: The departments/institutions most complained against for the last six (6) years (2008 - 2013) Number of Complaints DEPARTMENT 2008 2009 2010 2011 2012 2013 Total District Administrations 273 299 388 410 419 431 2,220 Individuals (Public officials) 205 192 254 280 388 491 1,810 Municipal & Town Councils 131 114 217 211 237 249 1,159 Police 130 119 116 162 173 199 899 Schools (Primary & Secondary) 120 107 126 125 150 188 816 District Service Commissions 121 78 60 90 112 100 561 Judiciary 76 55 86 65 85 94 461 Local Councils 106 68 61 82 74 38 429 Sub county Chiefs 54 40 65 61 56 72 348 Ministry of Public Service 50 27 44 51 71 99 342 Private companies/Organizations 35 33 48 74 50 69 309 Lands Office 41 40 56 60 55 50 302 Universities 13 29 27 38 47 67 221 Colleges/Institutes 13 16 31 36 40 44 180 KCCA 25 24 30 21 30 15 145
JANUARY-JUNE 2014 10 Report to Parliament Inspectorate of Government
Based on the complaints received and town Councils, Uganda Police, by the Inspectorate as shown in the school authorities both in primary table above for the last six years, it and secondary schools; district is clear that the most complained service commissions, local councils; against departments/institutions the judiciary; sub-county chiefs and are the district administrations, the Ministry of Public Service. individual public officials, municipal
The IG, therefore, recommends prosecuted or other disciplinary the following: measures enforced. (i) With regard to local governments, (iii) The issues of town and more resources should be devoted municipal councils are similar to to capacity building in addition those of District Administration. to creating public awareness on Therefore, capacity building the roles and responsibilities should also be emphasized of district leaders. With the for the staff of municipal creation of new districts, it is and town councils. They too envisaged that corruption in local should be strictly subjected governments will increase if the to performance contracts and capacity of the district leaders improved supervision as well as is not enhanced. The Ministry performance appraisals. of Local Government should (iv) Regarding complaints against therefore provide mechanisms to officers of the Uganda Police, ensure that resources allocated the public should be educated to local governments are not about their rights and the abused. role of the Police in order (ii) With the problems associated for them to be able to report with abuse of office by individual incidences of mismanagement public officials, it is recommended of cases by police officers to the that the role of supervision administration of the Police and in different departments be the Police Professional Standards improved in addition to putting Unit. In cases of corruption by performance contracts in place. police officers, the public should Performance appraisals based be encouraged to report incidents on the contracts should also be to the IG for appropriate action. strictly adhered to. And in cases Inspectors and other supervisors where public officers are found in the Uganda Police should to have abused their offices also be more vigilant about the and authority, they should be handling of complaints reported
Report to Parliament 11 JANUARY-JUNE 2014 Inspectorate of Government
by members of the public against capacity of local council leaders the police officers. to improve their performance in (v) The problems associated with delivery of services. school administrators for both (viii) Complaints received against primary and secondary schools judicial officers were mostly emanate from poor supervision against magistrates in the and poor accounting skills lower courts and court clerks. as most head teachers lack It is therefore recommended basic accounting skills. It is, that minimum standards for therefore, recommended that the developing and maintaining Inspectorate of schools enhances integrity, accountability and its supervisory role and that transparency within the judicial head teachers be trained in basic system be developed. The accounting procedures. judiciary should become more (vi) The complaints against district transparent about its systems service commissions have been and procedures to enable citizens mostly about recruitment. The understand processes and the district service commissions minimize the risk of being led must ensure that recruitment into offering bribes in exchange processes are as transparent as for free services. The roles and possible by displaying lists of responsibilities of the key actors the successful candidates on the should be clearly defined and notice boards at each stage of made known to the public. evaluation. (ix) The complaints against the (vii) The complaints against local Ministry of Public Service councils are at times due to the relate mostly to non-payment fact that complainants have of salaries and pensions. The limited knowledge about the Ministry of Public Service activities of the local councils should therefore streamline and their mandate. It is the procedures for accessing therefore recommended that pensions as well as ensuring that involvement of local communities the payroll is updated regularly. in monitoring of service delivery Government should ensure be increased in order to make that monies are provided to staff of the local governments the Ministry for the payment of more accountable and responsive pensions in order to stop delays to citizens’ needs and concerns. in their settlement and that of In addition, more resources other benefits. should be devoted to building
JANUARY-JUNE 2014 12 Report to Parliament Inspectorate of Government
Examples of some investigation activity photographs during the period January – June 2014
A government vehicle belonging to Gomba District Local Government was abandoned at a garage in Mityana district. At the time of inspection, the vehicle’s registration number plate had been severed from it and was not at the garage premises. The Mechanic (pictured) above later returned it. The vehicle’s gearbox was also found missing and was later recovered in a nearby hardware shop. The Engine was also not at the garage at the time of inspection. However, the vehicle has since been repaired and is currently in good working condition.
An incomplete toilet facility at Sekanyonyi Church of Uganda Primary School in Mityana District.
Report to Parliament 13 JANUARY-JUNE 2014 Inspectorate of Government
The Inspectorate of Government received a complaint that the Government, through the Ministry of Education and Sports released Shs.98,000,000/= for renovation of a Primary School in Sekanyonyi Sub-County. Investigations revealed that although the then Assistant Commissioner, Construction Management Unit, at the Ministry of Education wrote a letter indicating that Shs.98,000,000/= had been released to Ssekanyonyi P/S as emergency fund, the money was never released. The project was therefore never completed.
The Inspectorate of Government received a complaint in which it was alleged that there was delay in the construction of a classroom block at Bujubi Primary School in Mityana District. It was claimed that Bujubi C/U Primary School received a presidential donation of Shs.74,000,000/= for construction of a classroom but there was no reasonable construction work done.
Investigations revealed that the Ministry of Education and Sports released Shs.76,212,000/= to Bujubi C/U Primary School on 23rd April 2012, for emergency construction of a three classroom block, renovation of classrooms, procurement of 41 three- seater desks, four sets of teachers’ tables and chairs and a 5 stance VIP latrine block.
A makeshift classroom at Bujubi C/U Primary School in Mityana District (Left). On the right is the new classroom block under construction in the same school.
JANUARY-JUNE 2014 14 Report to Parliament Inspectorate of Government
It was recommended that: available Shs.55,500,000/= which i) The Permanent Secretary, was over and above the ideal 30% Ministry of Education and Sports rate by Shs.4,350,000/=. should caution the Engineering ii) Bujubi C/U Primary School should Assistant attached to the Ministry be considered for additional for approving labour charges for funding for the items that were construction of a classroom block initially provided for but were not at Bujubi C/U Primary School at covered due to inadequacy of the Shs.21,000,000/= against the initial funding.
2.3 The fight against Corruption The Inspectorate also notes the role Evidence suggests that there is an played by the Directorate of Education increase in reported incidents of and Prevention Corruption for running corruption across the country as various public awareness campaigns shown by the increase in the number across the country which have of complaints registered by the tremendously improved knowledge Inspectorate. Over the past five years, -about the role of the Inspectorate and the number of new complaints handled the negative effects of corruption on by the IG has increased steadily. The the wellbeing of the Ugandans. number of new complaints increased by more than 30% from 2009 to IG acknowledges the role 2010. In the recent past (2011-2013), played by the Media, Civil the rate of increase has averaged Society and Whistle Blowers approximately 10% per year. The both in security and the public nature of complaints varies from petty for their increased vigilance and personal complaints by aggrieved in project implementation and individuals to grand corruption in service delivery and for raising major Government Projects. The the red flag at early stages of Inspectorate of Government takes the project implementation. view that increase in reported incidents of corruption and maladministration These efforts have reinforced the is a positive development in the fight Inspectorates declared strategy of against corruption in Uganda because prevention and early detection of it signifies increased public awareness corruption which not only saves loss of the corruption vice and knowledge of public resources but also facilitates of the standards of performance which quick fixes of otherwise drawn out the public expects of the various situations of loss. Government Ministries, Departments and Agencies.
Report to Parliament 15 JANUARY-JUNE 2014 Inspectorate of Government
Cases of corruption are still high especially abuse of office in matters Trends therefore show that the concerning public property, situation has moved from one where procurement of goods and services, an officer acts alone to one where he forgery of academic documents or she colludes with others to defraud and nonpayment of benefits. More or cause financial loss to government. Corruption cases, 69.2% compared Such situations (syndicate corruption) to 30.3% Ombudsman cases were are much more difficult to detect and reported during the period. The cases investigate. involving breach of the Leadership Code of Conduct were 0.6%. Quiet Corruption especially in During the previous two years, the districts through absenteeism, Inspectorate of Government registered habitual late coming and most abuse of office with the highest districts staff being engaged prevalence averaging 20% of the total in either full-time or part-time complaints that were registered by the studies contribute to poor service office. Complaints of Abuse of office delivery. are still high especially those against officials in Local Governments, Land The issue of not filling vacant posts offices and the Police. Complaints of by the District authorities in some Mismanagement of public affairs, poor districts has also continued to service delivery and non-payment affect effective service delivery as of salaries and other benefits by the management of key departments has Ministry of Public Service are also still been left to incompetent people. high and have been so over the last five years. There are also high incidences Poor record keeping in government of embezzlement in the country, but departments is also a major concern only a few cases are reported. This to the Inspectorate. While this could situation has been aggravated by be attributed to inefficiency and a poor record keeping culture, it nevertheless syndicate corruption in creates loopholes that lead to which officers in different corruption and makes investigation departments collude to defraud and prosecution very difficult as the government. Internal Auditors success of both is highly dependent on proper record keeping practices. and Accountants, whose duty is to prevent this, are often accomplices.
JANUARY-JUNE 2014 16 Report to Parliament Inspectorate of Government
The Inspectorate of Government institutions before recruitment. therefore recommends that: (iv) It is also recommended that (i) Government should strengthen Government develops a the anti-corruption agencies mechanism to ensure that all so that their personnel are well Local Government staff attend equipped to fight syndicate to their stations during working corruption and other forms of hours. Increased spontaneous sophisticated corruption. inspections should be done and (ii) All officers who handle punitive measures put in place procurement and government and enforced. contracts should be trained in (v) Government through its MDAs the PPDA Law and regulations must cultivate a culture of to enable them understand proper/modern record keeping the procurement procedures, and maintenance and MDAs regulations and policies; should be provided with the (iii) All academic qualifications of necessary tools to ensure that potential employees should be this is done. vetted/ verified with the relevant
2.4 ARRESTS MADE abuse of office are derived from the The IG has powers to arrest or cause Constitution of the Republic of Uganda arrest of people who investigations which provides in Article 230 that: reveal to have engaged in corrupt practices and abuse of office or The Inspectorate of authority or who for no good reason Government shall have refuse or ignore to respond to power to investigate, cause summons issued by the IG. During the investigation, arrest, cause period under review, twenty six (26) arrest, prosecute or cause public officers were arrested for various prosecution in respect of corruption offences and most of them cases involving corruption, are being prosecuted in the courts of law. For details of the arrests that were abuse of authority or of public effected see appendix C of this report. office
2.5 PROSECUTIONS During the period under review, the 2.5.1 Introduction: IG prosecuted one hundred fourteen The powers of the Inspectorate of (114) cases, out of which ninety seven Government to prosecute or cause (97) were carried forward from the prosecution of suspects alleged to previous period (i.e. on-going cases and have been engaged in corruption and pending appeals as at 30th December
Report to Parliament 17 JANUARY-JUNE 2014 Inspectorate of Government
2013) and seventeen (17) were new and one abated. Eighty (80) cases cases registered in courts of law were on-going at first trial and thirty during the reporting period. Eight (8) four (34) cases were on appeal, as at cases resulted into conviction, four 30th June 2014. For details of cases (4) resulted in acquittals, six (6) cases that were prosecuted by IG during were withdrawn, one was dismissed the period under review, please see
Figure 2: Graph showing the trend of arrests and prosecutions for the Years 2006 – 2014
Appendix C of this report. cooperation from witnesses. The graph above shows that there (ii) Delay to hear cases on appeal is an upward trend of prosecutions especially by the Court of Appeal. conducted by the IG. (iii) Cases in up-country courts take long to be concluded. 2.5.2 Constraints encountered in (iv) Limited knowledge and practice prosecution of cases in plea bargaining techniques. (i) There is occasional lack of
Recommendations deploy more Magistrates to up- (a) Whistleblowers and witnesses country stations and the Judiciary should be given substantial should intensify monitoring of protection and reward. their performance. Phasing out (b) Government should appoint and of grade II magistrates must be deploy more Judges to the Court prioritized. of Appeal since it handles all (d) Funds be earmarked and availed Constitutional matters as well as to the IG for continuous Legal other civil and criminal appeals. education for all prosecutors to (c) Government should appoint and keep up to date.
JANUARY-JUNE 2014 18 Report to Parliament Inspectorate of Government
2.5.3 Future plans Court pleadings and defends, submits Have all prosecutors trained in plea and appears in Courts of Law. bargaining and trial advocacy and to For the period under review, ten (10) have continued legal training when rulings were delivered in favour of funds allow. IG and twenty five (25) were cause- listed for hearing. Three (3) appeals 2.6 CIVIL CASES are pending hearing and executions Through execution and enforcement of and taxation of Bills of costs are its actions and or recommendations as pending in ten (10) cases. For details per the investigations, the of civil cases that were handled by IG in the reporting period, please see Inspectorate of Government Appendix D of this report. The table, in effect attracts challenging however, excludes cases where the IG applications and constitutional due to lack of corporate status was substituted by the Attorney General. petitions that seek for orders of certiorari, mandamus, 2.6.1 Challenges faced by the IG in prohibition, damages and Civil Litigation interpretation of the law. (i) Lack of corporate status continues to be a challenge in as far as The IG defends such applications and litigation of cases is concerned. petitions and also gives and responds (ii) Continuous adjournments by the to instructions as requested by the presiding judicial officers for various Attorney General. IG also drafts such reasons. responses and answers to the filed
Recommendations (i) Amend the law in order for the IG to attain corporate status. (ii) Establish the Leadership Code Tribunal.
Report to Parliament 19 JANUARY-JUNE 2014 Inspectorate of Government
2.7 MONITORING, TRAINING AND (SACs) in the districts of Kapchorwa, INSPECTION OF GOVERNMENT Kibuku, Kween, Oyam, Otuke, Lira, PROJECTS Amolatar and Apac. 2.7.1 Ensuring Transparency and Accountability in NUSAF 2 and PRDP 2.7.1.3 Peace, Recovery and 2 Projects Development Plan (PRDP) The Northern Uganda Social Action The PRDP is an affirmative action by Fund 2 (NUSAF 2) is a demand the Government of Uganda to foster driven multi-sectoral project that was reconstruction and development in designed to be implemented under the Northern Uganda following the twenty Peace, Recovery and Development Plan year conflict that had affected the (PRDP) funded through International region. Development Association credit. As a framework, the PRDP aims at The project provides a ring fenced an improved coordination of the budget to strengthen measures and reconstruction efforts taking place in ensure transparency, accountability Northern Uganda. It also includes and anti-corruption in the project a monitoring function of the PRDP areas, using the project as an entry to activities taking place in accordance the development and implementation with their respective programmes. of improved systems for use by communities and local authorities. For transparency and accountability assurance in In accordance with the NUSAF 2 PRDP implementation, the Guidelines as stipulated under cap.9 Inspectorate of Government of NUSAF 2 Operational Manual 2010, was incorporated to enhance the Inspectorate of Government was performance and value for co-opted under the Transparency, money. Accountability and Anti-Corruption (TAAC) Sub-component of NUSAF 2 One hundred twenty (120) projects and PRDP 2 to ensure efficiency of were monitored in fifteen (15) PRDP public expenditure under the funds. districts of Adjumani, Lira, Pallisa, Koboko, Soroti, Katakwi, Kumi, 2.7.1.2 Training of NUSAF 2 Mbale, Butaleja, Bukwo, Bududa, Sub-projects Kiryandongo, Kaabong, Amolatar and During the period under review IG Agago. The inspected projects were carried out training of NUSAF 2 in the Health, Education, Works and Community Project Management Water sectors implemented in the Committees (CPMCs), Community financial year 2013-14. The reports are Procurement Committees (CPCs) and being finalized. Social Accountability Committees
JANUARY-JUNE 2014 20 Report to Parliament Inspectorate of Government
2.7.1.4 Social Accountability and ongoing support to each CMG for a Community Monitoring (SACM) period of six months. The Inspectorate of Government The curriculum for training the with support from the World Bank communities was developed and initiated the Social Accountability pre-tested by the IG with support and Community Monitoring (SACM) from World Bank. Visual aids to be activity under the Transparency, used during CMG training were also Accountability and Anti-Corruption developed. (TAAC) component of the Second Northern Uganda Social Action Fund The CSO consortium recruited thirty (NUSAF II). This is a pilot activity in seven (37) Community Trainers (CTs) Uganda and the overall objective is to, and seven (7) Regional Managers (RMs) to implement the SACM activity. build the capacity of The CTs and RMs attended training communities to monitor of trainers from 4th – 15th May 2014 government funded projects in in Gulu. On the last day of their order to enhance transparency training, SACM activity programme and accountability was launched by Hon. Minister of
State for Ethics and Integrity. Other The activity is being piloted in 730 dignitaries who officiated the launch sub-projects distributed in 181 sub- of SACM included but not limited to counties in 33 districts. the Inspector General of Government (IGG), the Country Manager World The IG is working with Civil Society Bank, Office of the Prime Minister and Organization (CSO) consortium led by the Executive Director Uganda Debt Uganda Debt Network to implement Network (ED/UDN). SACM.
All CTs and RMs were availed android The CSO partner will train identified smart phones which have been loaded Community Monitoring Groups (CMGs) with special software for remote on their; monitoring and data collection system. (i) roles and responsibilities; This system allows authorized persons (ii) community monitoring; to log on internet system and among others view SACM activity reports (iii) anti-corruption reporting loaded by CTs. For authentication mechanisms; and purposes, the system automatically (iv) documentation of their activities. uploads the Global Positioning System (GPS) of the place from where a report (v) The partner will also provide was compiled.
Report to Parliament 21 JANUARY-JUNE 2014 Inspectorate of Government
The Minister of state for Ethics and Integrity (3rd right), the IGG (3rd left) and the World Bank Country Director (2nd right) at the launch of SACM in Gulu District
Participants at the launch of SACM in Gulu District
JANUARY-JUNE 2014 22 Report to Parliament Inspectorate of Government
The ED/UDN (Extreme right) together with some members of the community trainers (in t-shirts) after the launch of SACM
2.7.2 Universal Post Primary libraries, multi-purpose laboratories, Education and Training (UPPET) teachers’ houses, water and sanitation facilities such as pit latrines, furniture The Ministry of Education and Sports such as desks for classrooms and is implementing a ten-year World teachers’ tables and chairs. Bank funded Universal Post Primary Education and Training (UPPET) The construction of the facilities is Project worth US $375million. managed through a school-based approach, whereby the responsibility The objectives of UPPET are: - for procurement of works and goods (a) to increase access to lower is done by the Schools’ Board of secondary education through Governors with support from the supporting expansion of school Ministry of Education and Sports. infrastructure. (b) to improve the quality of lower The Inspectorate of Government was secondary education through incorporated to: - expanding the capacity of at least (a) monitor project implementation; one national teachers’ college. (b) investigate cases of (c) enhance the enabling environment mismanagement and failure to for post primary education and implement the project; training. (c) conduct awareness programs to empower the communities Implementation of the project include on the role of monitoring and construction of facilities such as new detecting corruption during project classrooms, administrative blocks, implementation.
Report to Parliament 23 JANUARY-JUNE 2014 Inspectorate of Government
In March and April 2014, a total of 60 3. Construction of a staff house schools were monitored in the Districts at Omiri Primary School in Iceme of Kole, Otuke, Apac, Amolatar, Oyam, sub-county Alebtong, Lira, Dokolo, Gulu, Amuru, The sub-project comprised Pader, Bukwo and Kitgum. The construction of a semi-detached staff inspection report is being finalized. house, a two-room kitchen and a IG also carried out monitoring and 2-stance drainable latrine. At the time inspection of NUSAF 2 sub-projects of monitoring, the structures had been implemented under the component roofed and the progress of work was of Community Infrastructure good. Rehabilitation (CIR) in Oyam district. The inspection covered the existence 4. Construction of a staff house and implementation of the sampled at Lelaolok Primary School, Acaba CIR sub-projects under Education and sub-county Health Sectors and the findings were The community members as follows: recommended the construction of a twin staff house at the school to 1. Construction of a staff house replace the existing grass thatched at Acaba Primary School, Acaba Sub- teachers’ houses which were in poor County condition. The new building would This is a twin staff house with a provide more decent and permanent kitchen and a 2-stance VIP latrine. accommodation facility for teachers. At The sub-project was recommended the time of inspection, the construction by the community members to works were complete and the sub- accommodate teachers near the school project was awaiting commissioning. thereby improving service delivery to The sub-project was not labeled and the school community by the teachers. marked NUSAF 2 project to give The project was completed but not prominence to the source of funding as yet commissioned by the time of the should have been the case. inspection. It was however not marked as NUSAF II project to show source of 5. Construction of a staff house financial support for that project. at Agobadong Primary School, Iceme sub-county 2. Construction of a staff house Due to inadequate teachers’ at Kulakula Primary School, Ngai accommodation, the community sub-county recommended construction of a twin Community members applied for the staff house, kitchen and a 2-stance construction of kitchen, 2-stance latrine at the school. At the time of drainable latrine and twin staff house inspection, the structures had been for staff accommodation. At the time roofed and wall plastering was going of inspection, the project was behind on. schedule at roofing level. The delayed completion was attributed to delayed delivery of roofing iron sheets by the suppliers. JANUARY-JUNE 2014 24 Report to Parliament Inspectorate of Government
6. Construction of a staff house the construction of a staff house at Agulurude Primary School, Loro which also was aimed at improving sub-county on teachers’ welfare, motivation and The construction of a twin staff house therefore, better service delivery. At was recommended to provide better the time of inspection, the sub-project accommodation facility to teachers had stalled at ring beam level due to who were housed in grass thatched wrangles over the school land. But houses. At the time of monitoring the local sources informed the inspection construction works were on schedule team that court cleared the school and at finishing level. the contractor was expected to resume work soon. 7. Construction of a staff house at Acokara Health Centre II in Otwal 9. Construction of a staff house sub-county at Anget Primary School in Otwal The community of Acokara Parish sub-county chose the construction of a twin staff The sub-project had been completed house at the Health Centre to address and handed over to the beneficiary the need for staff accommodation, community by the contractor at the thereby improving on staff welfare time of inspection. It was therefore and service delivery. At the time of concluded that; monitoring, the construction of the staff house, kitchen and latrine had The sub-projects that were been completed, clearly labeled and monitored were in existence and marked NUSAF 2 as source of financial were implemented in accordance support. with NUSAF 2 guidelines. Some of the projects had been completed 8. Construction of a staff house while others were still ongoing, well at Wanglobo Primary School in Otwal outside the completion schedule. The sub-county completed projects were not all marked Arising out of inadequate and labeled as NUSAF 2 sub-projects accommodation for teachers at the to indicate source of funding. school, the community applied for
It was recommended that; sub-projects still on-going to (i) The CAO, Oyam ensures that all ensure that they are completed completed NUSAF 2 sub-projects as soon as possible within the are clearly and appropriately confines of NUSAF 2 guidelines marked to indicate source of thereby reflecting value for funding. money. (ii) Make follow-up efforts on the
Report to Parliament 25 JANUARY-JUNE 2014 Inspectorate of Government
CHAPTER IMPLEMENTATION OF THE THREE OMBUDSMAN FUNCTION
3.0 INTRODUCTION 3.1 OMBUDSMAN COMPLAINTS The Ombudsman function of the HANDLED Inspectorate of Government is derived The Inspectorate of Government mainly from Article 225(1) (a) (c) and (e) of the handles ombudsman complaints such Uganda Constitution which outlines as: the functions of the Inspectorate of (i) Employment disputes e.g. irregular Government as hereunder; recruitments, unfair dismissals (a) To promote and foster strict and victimization. adherence to the rule of law and (ii) Non-payment or delayed payment principles of natural justice in of salary, salary arrears, leave administration. allowances, pension, gratuity, (b) To eliminate and foster the terminal benefits and failure to elimination of corruption, abuse of access/deletion from the payroll. authority and of public office. (iii) Inheritance and administration of (c) To promote fair, efficient and good estates disputes. governance in public offices. (iv) Property disputes. (d) To investigate any act, omission, (v) Improper tendering procedures advice, decision or recommendation especially by both central and by a public officer or any other district local governments. authority towhich this article applies, (vi) Irregularities in procurement taken, made, given or done in procedures. exercise of administrative functions. (vii) Abuse of office by public officials. Section 8 of the Inspectorate of (viii) Delayed Service Delivery. Government Act 2002 is a replica of During the period under review, the the above provision. institution mostly complained about was The Inspectorate of Government the Ministry of Public Service. Many fulfills the above functions and complaints relating to non-payment the Ombudsman function through of pension, salary arrears and abuse investigation of maladministration of office were successfully handled and administrative injustice within and the complainants were paid. public offices and recommends The Inspectorate had a total of 2,033 corrective actions. ombudsman complaints. 478 of these were new complaints received during The Inspectorate of the period while 1,555 were complaints Government fulfills brought forward from the previous these functions through period. Out of 478 complaints received, investigation of 32 complaints were found to lack merit. maladministration and 128 complaints were processed and administrative injustice referred to other institutions, while within public offices and 625 complaints were investigated and recommending corrective completed and 1,248 complaints were actions. carried forward. JANUARY-JUNE 2014 26 Report to Parliament Inspectorate of Government
Table V: Ombudsman complaints investigated and completed during the Period January – June 2014 Nature of Complaint Number %age Mismanagement 192 13.3% Non- payment of salaries and other benefits 163 11.3% Property Disputes 38 2.6% Tenders & Contracts 55 3.5% Delay of service delivery 51 3.5% Victimization/oppression 47 3.2% others 79 5.4% Sub Total 625 43.2%
3.2 CHALLENGES IN Ministry of Gender, Labour and IMPLEMENTATION OF OMBUDSMAN Social Development. Administrator FUNCTION General’s office and Ministry of Education and Sports have a) Reluctance, delays and/or refusal improved. by some Government Institutions b) External factors such as the to respond to IG inquiries greatly recently held payroll cleaning slows down IG’s work. Institutions exercise also affected IG’s that are notorious for this are performance as the Ministry of Uganda Peoples Defence Forces, Public Service tended to delay Solicitor General’s office, Ministry responding to IG inquiries. of Public Service, UNBS, NCHE and
RECOMMENDATIONS TO complaints should only be referred GOVERNMENT to the Inspectorate of Government Every government department should if the initial procedures have been have a complaints desk for purposes exhausted and the complaints of initially handling complaints remain unresolved. that arise at base and such
3.4 FUTURE PLANS workshops and attachment to other (i) Engaging in early resolution, Anti-corruption and Ombudsman mediation, round table discussions institutions such as the Danish and and physical follow-up of complaints Dutch Ombudsman Institutions that as much as possible to reduce on have taken up the initiative to provide back log. support to the IG in terms of training, (ii) Continuous training of staff through sharing of ideas and exchange visits.
Report to Parliament 27 JANUARY-JUNE 2014 Inspectorate of Government
CHAPTER ENFORCEMENT OF THE LEADERSHIP CODE OF FOUR CONDUCT
4.0 THE INSPECTORATE’S 4.1 ACTIVITIES CARRIED OUT CONSTITUTIONAL MANDATE TO DURING THE PERIOD JANUARY – ENFORCE THE LEADERSHIP CODE JUNE 2014 OF CONDUCT
4.1.1 Management of leaders’ Pursuant to Article 225(1) (d) and 234 declarations of income, assets and of the Constitution of the Republic liabilities forms of Uganda, 1995, Section 3 (1) of the Section 3 of the Leadership Code Leadership Code Act, 2002 and S.8 (1) Act, empowers the Inspectorate of (d) of the Inspectorate of Government Government to receive and examine Act, 2002 the Inspectorate of declarations submitted by leaders. Government is mandated to enforce the During the period under review, a total Leadership Code of Conduct. of 1,500 leaders who were eligible to declare by 31st March 2014 were issued The Leadership Code Act, 2002 with declaration forms. provides for a minimum standard of behavior and conduct for leaders; it A total of 1,049 leaders filled and requires all specified leaders to declare returned their declaration forms. The their Incomes, Assets and Liabilities to forms submitted were examined, the Inspector General of Government. entered in the data base and leaders The Code prohibits conduct that is issued with acknowledgement slips. likely to compromise the honesty, A total of 30% of leaders expected to impartiality and integrity of leaders return their filled declaration forms or conduct that leads to corruption in had not yet done so by the end of public affairs and it imposes penalties this reporting period. The process of on leaders who breach the Code. identifying them is ongoing.
Section 37 of the Leadership Code During the reporting period, IG also Act, provides that the Inspectorate identified defaulters for the declaration shall include in its Statutory Report to period which ended in March 2013 Parliament a report on its enforcement and a total of 1,167 warning letters of the Code. were sent to the leaders of which 1,089 leaders had responded and complied by 30th June 2014.
JANUARY-JUNE 2014 28 Report to Parliament Inspectorate of Government
4.1.2 Verification of leaders’ 4.2 GIFTS DECLARED BY LEADERS declarations of Incomes, Assets and Section 10(1) of the Leadership Code Liabilities and investigations into Act, 2002 requires a leader to declare allegations of the breach of the to the Inspector General of Government Leadership Code: a gift or donation of a value of ten During the period under review, currency points or above received on income, assets and liabilities of twelve any public or ceremonial occasion, or a (12) leaders were verified and a total commission on any transaction. of one hundred seven (107) properties were physically inspected, two (2) During the period under review, the properties were sent for valuation and following gifts were declared by leaders; sixty two (62) bank accounts were (i) A gift of a rifle received from the inspected. Vice Minister of Defence of the Republic of Indonesia while visiting A total of nineteen (19) verifications Uganda. The leader was advised and ten (10) investigations cases were that the rifle should be retained completed. by the Government of Uganda and same be displayed as a souvenir 4.1.3 Outcomes of verifications and and as a sign of the good relations investigations: between his Institution and the (i) In eighteen (18) cases, the leaders Ministry of Defence of Indonesia. gave satisfactory explanations for (ii) A gift of clothing and sandals their income, assets and liabilities. received from a UPDF officer (ii) Two (2) cases were sent for legal deployed in Mogadishu under the opinion. AMISOM. The leader was advised (iii) Two (2) cases were recommended to to put them to personal use. URA for tax auditing. (iii) A gift of a Samsung Galaxy S5 (iv) In two (2) cases the leader’s phone received from Airtel Uganda properties were recommended for to a leader as a Guest of Honour. valuation. The leader was advised to have the (v) One (1) case; no conflict of interest gift recorded in his Institution’s was established. inventory and the phone be used (vi) In One (1) case there was no by his office. sufficient evidence to prove the allegation. (vii) One (1) case recommended that there should be a University policy on materials received by students during trainings sponsored by the University.
Report to Parliament 29 JANUARY-JUNE 2014 Inspectorate of Government
4.3 CONSTRAINTS ENCOUNTERED difficult to verify the income, assets IN ENFORCING THE LEADERSHIP and liabilities of the leaders. CODE OF CONDUCT 4.4 FUTURE PLANS FOR THE (i) The delayed amendment PERIOD JULY TO DECEMBER 2014 of the Leadership Code Act (i) Process and issue declarations and the establishment of of income, assets and liabilities forms to 25,000 leaders that are to the tribunal continue to declare by the end of March 2015. significantly hinder the (ii) Receive and examine at least 95% enforcement of the Leadership of the submitted declarations of Code. income, assets and liabilities by leaders. (ii) Accessing and timely provision of (iii) Complete at least twenty five (25) information by the government investigations of breach of the Code registries also delays the search and verification of leaders’ incomes, process hence affecting the time assets and liabilities. taken to complete the cases in (iv) The 30% of the leaders who did not question. declare their income, assets and (iii) Lack of a proper record keeping liabilities by 31st March 2014 will culture by the leaders and Public be identified and letters written Institutions causes delay in the informing them of the requirement verification exercise. to declare. (iv) Informal cash transactions that are carried out by leaders outside the banking system also make it
RECOMMENDATIONS TO of the records in the various GOVERNMENT Government registries to enable (i) There is urgent need for the accurate data/information amendment of the Leadership retrieval. Code Act and the establishment of (iii) Government should cultivate and the Leadership Code Tribunal to enforce a proper record keeping enable effective enforcement of the culture in all its Ministries, Code. Departments and Agencies. (ii) There should be frequent updating
JANUARY-JUNE 2014 30 Report to Parliament Inspectorate of Government
CHAPTER FIVE PREVENTIVE MEASURES
5.0 INTRODUCTION of public office to the Inspectorate of Under the Constitution, the Government. Inspectorate of Government is mandated to sensitize and educate The following public awareness the public about the values of programmes and sensitization activities constitutionalism in general and the were carried out by IG during the activities of the office in particular, period under review. through any media or any other means it considers appropriate. Hence the 5.1 PUBLIC AWARENESS Inspectorate of Government Corporate PROGRAMMES AND SENSITIZATION and Development Plan (CADP) 2010- A total of 12 (Twelve ) workshops/ 2014 recognizes the need to enhance seminars were conducted as detailed the Inspectorate’s image and regional below: presence in all parts of the country. The aim is to deliver services to A total of seven PRDP Workshops were grass root citizenry and to formulate carried out in various districts on the partnership and collaborative efforts theme with various sections of the public in order to fulfill the IG mandate of Promoting Socio- fighting corruption, abuse of office economic Development and administrative injustices. The through enhancement public is, therefore, educated about of Transparency and their Constitutional right to access Accountability public services without having to pay bribes or any other extra costs The purpose of these workshops was and made aware of their civic duties to educate and inform the various and responsibilities to demand for stakeholders about the PRDP Program accountability from their leaders, in terms of its goals, strategy and value for money and to report corrupt implementation so as to maximize its practices, mismanagement or abuse value to intended beneficiaries.
Report to Parliament 31 JANUARY-JUNE 2014 Inspectorate of Government
The workshops were conducted in the districts of Koboko, Moyo, Soroti, Dokolo, Mbale, Tororo and Gulu.
The Director of Education and Prevention of Corruption giving opening remarks during a workshop in Mbale
The RDC of Koboko making remarks during a workshop in Koboko
JANUARY-JUNE 2014 32 Report to Parliament Inspectorate of Government
A participant sharing views during a workshop in Mbale
NGO Forum Coordinator of Moyo District making a presentation during a workshop in Moyo
Report to Parliament 33 JANUARY-JUNE 2014 Inspectorate of Government
The Director of Project Monitoring addressing participants at a workshop held in Gulu
The Inspectorate of Government instituted to detect and reduce also, in conjunction with Economic corruption; Policy and Research Center (EPRC) (iii) The effectiveness of enforcement conducted a stakeholders’ consultative of anti-corruption laws, and workshop at Hotel Africana, to review (iv) the extent of corruption the indicators for the Data Tracking in Uganda vis-à-vis the Mechanism (DTM)-Report. Stakeholder neighbouring East African assessments of previous DTM reports countries. revealed that the indicators presented In addition to the above, students’ in the reports were too many and that seminars were conducted in three most of them were not corruption Universities on the theme indicators per se but rather red flags for corruption. Consequently, the youth participation in stakeholders agreed on new indicators leadership and good that focus on the following; governance (i) The prevalence and incidence of corruption; The Universities involved were; Gulu University, Mbarara University of Science (ii) The effectiveness of the anti- and Technology and All Saints University- corruption reform measures Lango. JANUARY-JUNE 2014 34 Report to Parliament Inspectorate of Government
5.1.2 Public Awareness through to articles in the Observer and electronic Media and Publications Independent Magazine. During the period, the IG also had (iii) The IG also featured in the several interactions with the media; Justice Law and Sector Campaign this was through radio and television which appeared in the Monitor talk shows, publication of different Newspaper. The feature focused press releases, activity reports as on the coordination role of the well as Interpersonal Interactions on Inspectorate and the Judiciary. different matters regarding the fight (iv) Information, Education and against corruption. Communication (IEC) materials have also been developed to A total of twenty two (22) radio further involve the public in the programmes were carried out under fight against corruption through the funding of NUSAF 2-TAAC and ensuring that adequate information PRDP Projects. These programmes were is disseminated. These materials aired on the following Radio Stations are available at the IG office and in the projects areas: Mega FM-Gulu, can also be accessed on IG website. Open Gate FM-Mbale, Rupiny FM- (v) The IG has also embarked on a Gulu, Kioga Veritas-Soroti, Arua One campaign to inform citizens on FM-Arua, Trans-Nile Broadcasting the alternative ways of reporting Services - Moyo, Eastern Voice FM- corruption. Fliers on how to lodge Bugiri, Voice of Lango, Mighty Fire a complaint at the IG, addresses FM-Kitgum, Luo FM-Pader and Rock and contacts of all the IG regional Mambo FM-Tororo. offices countrywide were developed Also a total of 240 spot messages about and disseminated widely. PRDP 2/NUSAF 2 programs and how to report corruption related cases to 5.1.3 Website Management the IG, were aired by the contracted The website is one of the key tools radio stations in the regions covered by through which the IG disseminates the projects. information to the public. One can The publications were as follows: gain access to most of the investigation (i) The IG published a supplement in reports issued by the IG as well as the Tarehe Sita on Heroes Day on 9th various publications released by the June 2014. IG. Through IG website, one is also (ii) IG published Press Releases able to report cases of corruption and on “IGG MUST WORK WITH & mal-administration. The IG website is PROTECT WHISTLEBLOWERS” accessible on www.igg.go.ug. in the New Vision, the Observer and the Independent Magazine. The Press release was in response
Report to Parliament 35 JANUARY-JUNE 2014 Inspectorate of Government
5.1.4 Integrity Ambassadors Clubs’ Kampala and Wakiso districts on Activities the theme A total of fourteen (14) Integrity clubs in Tertiary Institutions were financially, The Role of materially and morally supported Stakeholders in the Fight during the period under review as Against corruption detailed below: (e) On 24/5/2014, the Integrity (a) On 5/4/2014, Muteesa1 Royal Ambassadors Club of Uganda University-Masaka IAC held an College of Commerce (UCC)-Aduku, anti-corruption public dialogue for held an anti-corruption seminar/ six institutions in Masaka District handover ceremony. on the theme “You and I can eliminate Corruption in Uganda” (f) During the period under review, the IG also conducted a monitoring (b) On 12/4/2014, Uganda Technical and supervision exercise on College-Elgon IAC, held an anti- the performance of Integrity corruption seminar for four Ambassadors Clubs in South- institutions in Mbale district Western Uganda. This activity on the theme “anti-corruption was conducted to monitor the compliance; the role of the youth progress of the clubs over the in the fight against corruption” years in order to determine their strength, weaknesses as well as (c) On 7th ,11th April and 1st May, the challenges they are facing. 2014 the Integrity Ambassadors The Integrity Ambassadors Clubs Club (IAC) were launched in the involved were seven (7); Kabale following institutions; Busitema University-Kabale, Bishop Stuart University, Ndejje University and University, Kampala International Lira School of Comprehensive University-Western campus, Kabale Nursing respectively. School of Comprehensive Nursing, (d) On 17/4/2014, Kampala National Teachers College-Kabale, International University Integrity Mbarara University of Science and Ambassadors Club organized Technology (MUST) and Uganda and hosted an anti-corruption College of Commerce-Kabale. workshop for six Universities in
JANUARY-JUNE 2014 36 Report to Parliament Inspectorate of Government
Swearing-in of Executive Members of Lira School of Comprehensive Nursing Integrity Club
Music, Dance and Drama during the launch of Integrity Ambassadors’ Club, Lira School of Comprehensive Nursing.
Report to Parliament 37 JANUARY-JUNE 2014 Inspectorate of Government
5.1.5 Training/sensitization of with a view to identifying Public Servants loopholes that may be conducive This activity is dependent on to corruption and make invitations to IG from other institutions recommendations for corrective but a total of eight (8) training measures. programmes for other public servants were carried out during the period The overall objective is to improve under review. IG also participated/ service delivery in identified made presentations at various Government Departments, Ministries, workshops organised by Transparency Government Statutory Institutions and International Uganda (TIU), Uganda Parastatals. Human Rights Commission (UHRC) in The Inspectorate of Government Lwengo and Masaka districts. IG also therefore, selects the institutions to participated in District Coordinating be studied basing on the information Committee (DCC) under JLOS at the received from the public through Chief Magistrate’s Court in Masaka. written complaints, media reports, audit reports, monitoring and 5.2 POLICY AND SYSTEMS STUDY evaluation reports and periodic 5.2.1 Background surveys. The Constitution of the Republic of Uganda and the Inspectorate During the period under review, of Government Act empower the the Inspectorate of Government Inspectorate of Government to promote concentrated on completing the four fair, efficient and good governance in (4) system studies/systemic reviews public offices aimed at the main goal of initiated in the previous period of attaining zero tolerance to corruption. review. The work done with regard to systems studies and systemic Strengthening of institutions investigations is as below. has been identified as a key anti- corruption measure 5.2.2 A system study into the alleged mismanagement and decline and it is on that basis that the in immunization service delivery in Inspectorate of Government carries Uganda out policy and systemic investigations As previously reported, this policy and into operations, policies, systems, system study was initiated as a result procedures and legislation of various of a complaint received by the office Government Departments and alleging vaccine stock-outs, shortage Institutions of immunization kits, logistics and lack of other supplies in the hospitals for the different districts in Uganda. JANUARY-JUNE 2014 38 Report to Parliament Inspectorate of Government
Investigations and verifications were The findings and recommedations carried out in thirty three (33) selected were discussed with the Board of districts in the Central, Northern, Directors UEPB who acknowledged Eastern, Southern and Western the issues raised and are presently regions of Uganda. The report is due considering the report with a view to for release during the next reporting formally adopting and implementing period. the recommendations.
5.2.3 A systemic investigation 5.2.4 A system study into alleged into alleged corruption and mismanagement of Uganda Printing administrative and Publishing Corporation (UPPC) injustice in the restructuring Following the issuing of the Auditor process at Uganda Export General’s report about the Corporation, Promotions Board (UEPB) the Inspectorate of Government The complaint in this matter was that initiated this system study into the ongoing restructuring process issues related to governance, human at UEPB was plagued by corruption resources, administration and and administrative injustice and that procurement at the Corporation to the process lacked transparency, come up with recommendations that particularly regarding recruitment will enhance good service delivery to all of staff to fill the gaps in the new the stakeholders of UPPC. The study organization structure. was completed and discussed with the UPPC Board. The report is due The investigations were conducted for release during the next reporting and completed with the following period. recommendations; (i) The restructuring process should be 5.2.5 A systemic investigation into deferred until UEPB has recruited a the transfer of staff and allocation of substantive Executive Director who utilities at Mulago National Referral can take the lead in preparing a Hospital strategic plan for tabling before the This systemic investigation was Board of Directors for consideration. similarly initiated as a result of the (ii) The process of recruitment of numerous complaints received by Executive Director should be the Inspectorate of Government in repeated. regard to the day-to-day management (iii) The positions of Human Resource of affairs at Mulago Hospital. Field Officer and Accountant should be investigations have been largely subjected to open competition to all completed and a report should be eligible candidates. ready by the end of the next reporting period. Report to Parliament 39 JANUARY-JUNE 2014 Inspectorate of Government
5.2.6 A systemic review of 5.2.8 Future Plans the procedures of appointing The IG intends to issue reports for administrative staff at Makerere all the pending completed studies University and further conduct dissemination The graduate support staff of Makerere workshops for the relevant affected University registered a complaint stakeholders aimed at eventual with IG concerning alleged favoritism, implementation of the specific nepotism, sectarianism, lack of recommendations contained in the transparency and discrimination in different system study reports. IG the methods and/or procedures of will also continue with the following recruitment and promotions used by studies; Makerere University. Investigations (i) A policy and system study into were completed and the report is the process of recruiting staff also due for release during the next and staffing levels in selected reporting period. government nursing and paramedical schools. 5.2.7 Challenges in carrying out (ii) A study of the causes of high Policy and Systems studies examination failure rates at the During the period under review, the Law Development Centre (LDC). challenges faced still remained the (iii) Initiate a policy and system study same. They include lack of sufficient into the management of UNRA human, financial and material Headquarter office in Kampala and resources. These have continued other upcountry/regional offices. to slow down the initiation and (iv) Write concept papers to access completion of the planned studies. funding from the development partners to overcome the challenge of the limited resources.
JANUARY-JUNE 2014 40 Report to Parliament Inspectorate of Government
CHAPTER CAPACITY BUILDING THROUGH SIX TRAINING AND INTERNATIONAL COOPERATION 6.1 INTRODUCTION levels. IG therefore, interacts with The Inspectorate of Government is as many stakeholders as possible at committed to strengthening and national, regional and international building capacity of its staff by levels. This is done by not only organizing relevant training programs organizing meetings, workshops and and study tours both at individual and conferences for selected stakeholders group levels. IG further appreciates but by also attending and participating that the war against corruption and in those organized by other promotion of good governance requires stakeholders. IG also interacts with cooperation, support and exchange of other stakeholders through exchange ideas with other relevant institutions at visits and study tours. the national, regional and international
6.2 TRAINING AND INTERNATIONAL CO-OPERATION TABLE VI: TRAINING AND INTERNATIONAL CO-OPERATION Staff No. Course/Workshop/Meeting Duration Venue 1st phase training programme for Heads of 30th June – 4th Gaborone, Two (2) Investigations and Prosecution Division. July 2014 Botswana Attendance of a meeting of the East African 16th – 17th Arusha, Two (2) Community Forum on Anti-Corruption Agencies. June 2014 Tanzania Attendance of the Commonwealth Regional 25th May – 2nd One (1) Conference for Heads of Anti-Corruption Accra, Ghana June 2014 Agencies in Africa. First Conference on Networking of Ombudsman 25th – 30th Islamabad, Pa- One (1) Offices in Organisation Islamic Conference (OIC) April 2014 kistani Member Countries. Attendance of the Commonwealth Regional Programme for Directors of Public Prosecutions 29th April – 2nd Gaborone, One (1) and Heads of Prosecutions of Anti-Corruption May 2014 Botswana and Anti-Money Laundering Agencies. Attendance of the 27 ESAAMLG Taskforce of 30th March – 5th Arusha, One(1) senior officials meeting. April 2014 Tanzania Attendance of the Executive Committee of the 25th – 26th Johannesburg, Two (2) African Ombudsman and Mediators Association February 2014 South Africa (AOMA). Attendance of the Training of Trainers of 18th – 19th Durban, South One (1) Investigators in Ombudsman Offices. February 2014 Africa Participation in the Targeted Review of Uganda’s 7th – 10th One (1) Anti-Money Laundering Framework by the Paris, France January 2014 Financial Action Taskforce. 4th January – Attendance of Specialized Programme on Internet One (1) 30th March Delhi, India Working Design and LAN/WAN Administration. 2014
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6.2.1 Local Training Memorandum of Understanding that The Inspectorate of Government, the was signed between IG, DPP Uganda Directorate of Public Prosecutions and DPP Denmark. The training targets (Uganda) and the Directorate of Public prosecutors and investigators from DPP Prosecutions (Denmark) conducted (Uganda), Inspectorate of Government the 2nd training workshop on ‘Fighting and the Criminal Investigations and Corruption and Abuse of Office in Intelligence Department of the Uganda Uganda’. The training is part of a Police Force. The Workshop was series of capacity building programmes conducted from 20th – 23rd January for prosecutors and investigators in 2014, at Lake View Resort Hotel Uganda facilitated by the office of the Mbarara. DPP of Denmark under a tripatite
Participants at the training with the DPP Uganda and resource persons From DPP Denmark
The Deputy Inspector General of Government (second left) presiding over a function to hand over certificates of attendance to the trainees
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6.3 INTERNATIONAL is Mr. Mumo Matemo of the Ethics and COLLABORATION Integrity Commission of Kenya. The IG The Inspector General of Government also hosted the Executive Committee handed over the Chair for the East Members to a meeting with Hon. Simon African Anti-Corruption Authorities Lokodo, the Minister of State for Ethics (EAAACA) which she had held for one and Integrity. year. The new Chairperson of EAAACA
The IGG (second left) with new chairperson of EAAACA Mr. Mumo Matemo (right)
A delegation from the Public Accounts the IG works with the Parliament’s Committee of the Nairobi City County Public Accounts Committee to ensure Assembly paid a courtesy call on that public funds are accounted for; the IGG to acquaint themselves with the laws that govern Public Financial Uganda’s accountability process. The Management and challenges faced in team was specifically interested in how prosecuting corruption cases.
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Head of a delegation from the Public Accounts Committee of the Nairobi City County Assembly with the IGG
The D/IGG handing over a report to parliament to a delegate from Denmark
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GENERAL CONSTRAINTS, CHAPTER CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS
7.1 INTRODUCTION 7.2.2 Understaffing: Despite a modest increase in funding Additional staff is required especially in from Government and continued the Regional Offices. Insufficient staff support from Development Partners in the Regional Offices has led to high to strengthen the institution, the IG officer/complaint ratio, which results continues to face several external in case backlog as officers in the challenges as well as operational regions cannot cope with the volume problems, most of which arise from of work. This has been worsened inadequate resources. This chapter by the creation of new districts, a highlights some of the challenges situation that increases the number and constraints faced by the IG. It of accounting units and hence the also provides recommendations and associated increase in the volume of outlines the future plans of IG. work.
Most of the challenges, 7.2.3 Operating in rented office constraints and premises recommendations mentioned in The IG is currently renting premises for this chapter were also contained both the Headquarters and Regional in the previous reports but have Offices. This has led to the challenge of not been addressed. meeting the ever increasing overhead cost of renting office premises for 7.2 CHALLENGES AND both the Headquarters and Regional CONSTRAINTS FACED BY THE Offices. Over the reporting period, IG IG IN ACHIEVING STRATEGIC has paid Shs.933,436,276 for rent. OBJECTIVES The IG needs to construct its own office premises so as to give it independence 7.2.1 Inadequate funding: and the right profile and free resources Funding provision under the IG for implementation of its mandate. vote is insufficient compared to the operational cost of investigations, 7.2.4 Court delays prosecutions, verification of The Appeals, constitutional petitions/ declarations and public awareness references and Applications filed in programmes. The areas of critical need both the Court of Appeal and Supreme include travel inland, fuel, lubricants Court take long resulting in delay to and, payment of suppliers, provision of dispose of court cases. funds to construct IG office premises, NSSF contribution, gratuity and procurement of office equipment.
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7.2.5 Inadequate Institutional and material capacities to meet this support challenge are limited resulting in a Corruption and negative attitudes of backlog of cases. the institutions that are supposed to be partners with the IG in the fight 7.2.8 Keeping ahead of against corruption, affect successful sophistication in corruption investigations and prosecution of techniques some cases and delays in handling The corrupt normally use sophisticated others. Some institutions/officials techniques to engage in fraud and such as Ministry of Lands, Housing other corruption malpractices. There and Urban Development, Uganda Land is therefore need for the IG staff to have Commission and Ministry of Public advanced and specialized training in Service take too long or just ignore to order to keep ahead in the fight against provide the required information until corruption. The challenge however, coercive measures are taken. There are is inadequate funding to carry out also instances when some institutions, the necessary training. There is also some of which are mentioned in this need to purchase modern equipment report, have deliberately ignored to be used during investigations and or delayed implementation of IG surveillance. recommendations. This undermines the effectiveness of the office and 7.2.9 Loopholes in the existing Legal impacts negatively on the realization of Framework IG goals. Loopholes in the existing Legal Framework such as the absence of a 7.2.6 Poor record keeping in Leadership Code Tribunal and absence Government Institutions of regulations to establish rules of A poor record keeping culture procedure under the IG Act and the and lack of computerized data in Leadership Code Act 2002, affect the Government Ministries/Departments enforcement of IG recommendations. notably; Ministry of Public Service, Ministry of Lands, Environment and 7.2.10 Inadequate funding of Urban Development, Uganda Lands Government Departments Commission, Company Registry and Inadequate funding of Government District Service Commissions cause Departments negatively affects delays in the retrieval of information resolution of cases involving payment required for verifications and of salary arrears, pensions, terminal investigations. benefits, etc. It also causes delays in data retrieval due to lack of 7.2.7 High public expectations facilities such as computers which of better outcomes in fighting are necessary for fast retrieval of data corruption required by investigating officers and There are high public expectations for purposes of proper management for the IG to handle complaints of the affairs of the concerned expeditiously, yet the financial, human institutions.
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7.2.11 Lack of electronic system for 7.2.12 Protection of complainants asset registration for a cross- and witnesses section of leaders makes the process Effective protection of complainants of verification slow and witnesses interviewed during There is also a problem of unregistered investigations remain a big challenge. assets and leaders’ failure to keep A mechanism needs to be devised to record of how they acquire their assets. give adequate and timely protection to In addition, the cash economy makes witnesses and complainants during verification of assets very difficult. investigations and after the cases are concluded.
7.3 RECOMMENDATIONS 7.3.3 Improved funding In order to overcome the above Since IG is a national cross-cutting constraints and be able to institution responsible for three fulfill IG mandate, the following major functions of promoting recommendations are hereby good governance, preventing submitted to Parliament and the and combating corruption and Executive. enforcement of the Leadership Code of Conduct, each of these functions 7.3.1 Establishment of the should be funded as separate vote Leadership Code Tribunal functions, to be adequately provided The IG recommends that Parliament for, unlike the current practice as prescribed by law expedites the under which only the anti-corruption establishment of a Leadership Code function is provided for as a vote Tribunal so as to facilitate the IG’s function. mandate in as far as enforcing the Leadership Code of Conduct is 7.3.4 Amend the Law to give IG concerned. The Executive should Corporate status accordingly finalize and submit The law should be amended in order to Parliament the required bill for for IG to attain corporate status. enactment by Parliament. 7.3.5 Proper Record Keeping and 7.3.2 Discussion of IG reports by Accounting Practices Parliament Systems should be put in place to Parliament should continue to ensure that actions taken by Public debate the IG Reports expeditiously Officers in the discharge of their as required under Article 231(5) of duties are properly documented the Constitution so that it comes up to guarantee transparency. Proper with recommendations on the issues record keeping and accounting raised in the reports and put to task methods should be encouraged in all mentioned institutions to explain MDAs to avoid cases where proper why they are not implementing IG audit cannot be carried out because recommendations in accordance with of poor record keeping practices. the Constitution.
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7.4 FUTURE PLANS institution that operates efficiently and effectively to deal with corruption, 7.4.1 Improved investigations and malpractices in public administration prosecutions The Inspectorate of Government and breaches of the Leadership Code will continue to improve efficiency of Conduct. With recruitment of new and effectiveness in investigations staff, IG hopes to reduce on case and prosecutions through on-the- backlog. job training and attachment of investigators and/or prosecutors to 7.4.5 Education and sensitization of other prosecuting agencies. the public IG will continue to educate and 7.4.2 Training sensitize the public and civil society Continue to improve on skills of IG organizations on the issues of staff through training and sharing corruption, maladministration, information and experiences with other implementation of the Leadership Code anti-corruption, Ombudsman and Act and NUSAF 2 and PRDP 2 Project ethics institutions. monitoring programs, using the print and electronic media, seminars and 7.4.3 Construction of IG office workshops. premises The Inspectorate of Government plans IG will also, funds allowing, to construct its own offices, starting continue to carry out periodic with headquarters. This will give IG surveys to gauge the level and the right profile in accordance with nature of corruption in the the Constitution. The IG is currently country. renting offices at the Jubilee Insurance Centre and in the Regions. The rent 7.4.6 Investigations, prosecutions for these offices is too high and cuts and verification of leaders’ assets into operational funds. The IG has IG will continue with investigations, since acquired land for construction of prosecution and physical verification the IG head office. After this, the IG of leaders’ assets, updating leaders’ will still need to construct offices for its register and distributing declaration regional offices. of income, assets and liabilities forms to leaders in accordance with the 7.4.4 Strengthening and Leadership Code Act, 2002. consolidating the IG Funds allowing, IG will focus its efforts on strengthening itself by recruiting more staff especially for regional offices, equipping staff with appropriate tools and skills to become an elite JANUARY-JUNE 2014 48 Report to Parliament Inspectorate of Government
7.4.7 Support to Informers and view to attain their support for IG Whistleblowers operations and recommendations. IG will 7.4.9 Carry out Organization continue to build the Development Assessment (ODA) confidence of informers and The Inspectorate of Government is still whistleblowers and witnesses, a growing organization and therefore, so that they can be more needs to periodically identify and vigilant in identifying and assess its performance, strength, providing information regarding weakness, threats and challenges. corruption. This is important because it helps in making strategic interventions 7.4.8 Increased collaboration that can propel the institution to IG will continue to increase greater heights. Accordingly, the IG collaboration with sister institutions management intends to procure a involved in the fight against corruption, credible, competent and experienced the public and Government Ministries, Consultant to carry out its ODA. Departments and Agencies with a
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APPENDIX INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS
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TABLE VII: INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS
S/ Ref. No. Subject Matter Recommendations Action taken No.
It was recommended among others that; (i) The Permanent Secretary Ministry of Public Service should submit the Principal Hospital Administrator and the Hospital Internal Auditor to the PSC for dismissal for the part they played in originating and processing fraudulent salary claims amounting to U.Shs.93,104,303; (ii) The thirteen hospital employees who received the illegitimate payments through their personal bank Alleged irregular accounts should refund MBL/CF/03/08 payments at Mbale 1. the money to the IG within No action taken. Regional Referral 90 days from the date of Hospital. issuance of the report. (iii) There is a dire need to set up or even create an effective monitoring and supervision of batch process at Uganda Computer Services (UCS). (iv) The Commissioner UCS should be relieved of his duties for his failure to put in place adequate controls and checks at the batch processing unit, thus creating an easy passage for fraudulent claims to be infused into the payroll system.
(i) The PS/MOLG should Alleged flawed submit CAO Kapchorwa procurement to the PSC for disciplinary of a vehicle action for failure to adhere and irregular to procurement procedures. 2. MBL/CF/02/09 No action taken. interdiction of the (ii) Kapchorwa DSC should be CFO, Kapchorwa advised to urgently recruit District Local qualified and competent Government. people to handle the PDU unit.
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(i) PS/MoES should be directed to recover all the funds overpaid to the Alleged payment teacher amounting to of a wrong salary Shs.17,179,481/=. 3. MBL/CF/14/06 scale to a teacher No action taken. (ii) PS/MoES should formally at Sebei College, warn the teacher for his Kapchorwa. misconduct for knowingly earning a salary under a scale above his grade.
(i) Bukwo DSC should rescind the accelerated promotion of Alleged PPO and revert him back to mismanagement his former position of PO. 4. MBL/08/05/10 by officials of No action taken. (ii) The CAO should advertise Bukwo District and immediately recruit a Local Government District Engineer and Senior Personnel Officer.
(i) The CAO Bududa should ensure that the Senior Accounts Assistant formerly attached to the Health Department refunds money which was meant for the mass measles and polio campaign that he did not account for during the Alleged abuse financial year 2011/2012 of office by to the IG Assets Recovery the Medical Account. 5. TOR/02/01/12 No action taken. Superintendent (ii) He should further submit and other staff of the Senior Accounts Bududa Hospital. Assistant to the DSC for appropriate disciplinary action for his misconduct exhibited when he deceitfully indicated in the accountability report that he had banked the cash balance to the Health Account when he actually did not.
Mr. Loluk Fidelis to be Alleged diversion of submitted to DSC for Shs.15m/= by the appropriate disciplinary action Town Clerk, Head for faulting LGPPDA Regulation No action yet 6. HQT/70/09/11 of Finance and 117 (4&5) and recommend the taken. Town Engineer, termination of the contract of Kaabong Town M/S Dodoth Legends for failure Council. to perform the contract within the agreed time.
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Report of the The CAO Buvuma to be MRT/ Auditor General for submitted to Public Service No action yet 7. CC/04/12 the year ended 30th Commission for appropriate taken. June 2010. action.
Alleged failure to take disciplinary CAO Moroto to reinstate Ms. action against one Susan Anero’s interdiction and 8. MRT/01/08/12 No action taken. staff of Moroto submit her name to DSC for District Local appropriate action. Government.
CAO, Kaabong should ensure that the district settles the Alleged abuse outstanding balance of 9. MRT/01/01/12 of office by CAO No action taken. Shs.38,756,804 to M/S Yorun Kaabong district. Grandma Enterprise as this was obligation by the district.
(i) The CAO should submit The CAO Tororo the Sub-county Chief, Molo wrote to the Sub-county to the DSC Sub-county for disciplinary action for Chief to defend failure to properly handle herself before procurement process despite action could be advice from the District taken against NAADS Coordinator, Tororo. her. The CAO has not yet Alleged irregular given a response award of tender on the final to supply NAADS action taken. goats by the 10. TOR/03/05/13 Sub-county Chief and NAADS No action taken. (ii) The Chairman and Coordinator, Molo Secretary, Molo Procurement Sub-county, Tororo Committee should be district. subjected to disciplinary action with a view to replacement. No action taken. (iii) The CAO should formerly admonish the procurement committee, Molo Sub-county to ensure that procurement procedures are followed and proper records kept.
Alleged The CAO should submit the Ag. embezzlement of Senior Education Officer to the Shs.8,290,000/= 11. TOR/06/05/13 DSC for appropriate disciplinary No action taken. by the District action for usurping the powers Inspector of of the DEO. Schools.
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(i) The PS, MoES should submit the Senior Accounts Assistant, Rock High to ESC for appropriate disciplinary action for engaging in gainful No action taken. employment, contrary to the Public Service Standing Orders (F-e) (1) and (F-e) (3) (a); as well as conducting business with government Alleged abuse of without the authority from office by the Head the relevant Accounting 12. TOR/01/05/13 teacher of Kisoko Officer. High School, (ii) The Institute of Certified Tororo district. Public Accountants of Uganda (ICPAU) should take appropriate action against KAMOKEN Certified Public Accountants for the unprofessional conduct and No action taken. the Auditor General should ban KAMOKEN from auditing any Government Institution’s books of accounts due to their unprofessional conduct.
(i) The CAO Busia should submit the former Head teacher, Nekuku P/S and current Head teacher Majanji P/S to the DSC for disciplinary action leading to demotion to a classroom teacher for failing to follow PPDA guidelines during the award of contract for Alleged irregular the construction of the 2 award of tender to classroom blocks at Nekuku construct a four P/S during the Financial 13. TOR/CF/21/09 classroom block at Year 2008/09 when he No action taken. Nekuku Primary irregularly diverted the School, Busia award of tender from M/S district. Masafu Construction Co. Ltd to M/S One by One Co. Ltd. (ii) Irregularly awarded a tender to construct a 5-stance pit latrine to M/S Nako General Enterprises and (iii) Single handedly directed the award of tender for the construction of an extra 3-stance pit latrine at Nekuku P/S.
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(i) The CAO should submit the teacher to DSC for dismissal No action taken. since she was recruited on the basis of a forged Grade III teachers result slip and Alleged forgery certificate. of academic (ii) The teacher’s name should documents by a 14. TOR/03/01/14 be submitted to Ministry of teacher at Podut Public Service for deletion Primary School, from the district payroll. Tororo district. (iii) The district CIID Officer, Tororo should pursue the matter and have the teacher No action taken. prosecuted for uttering forged documents,
The CAO should submit the Alleged former Head teacher, Bumuntu embezzlement of Primary School and the current school funds by Head teacher Bumangula 15. TOR/01/12/10 the Head teacher Primary School to the DSC for None of Bumutu Primary appropriate disciplinary action School, Bududa for exhibiting dishonesty and district. unprofessional conduct as a teacher.
(i) The CAO, Bududa should ensure that the Senior Accounts Assistant formerly attached to the Health Department refunds the money which was meant for the mass measles and polio campaign that he did not account for during the Alleged abuse financial year 2011/2012 of office by to the IG Assets Recovery the Medical Account. 16. TOR/02/01/12 None Superintendant (ii) He should further submit and other staff of the former Senior Accounts Bududa Hospital. Assistant to the DSC for appropriate disciplinary action for his misconduct exhibited when he deceitfully indicated in the accountability report that he had banked the cash balances to the Health Account when he actually did not.
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(i) Sub-county Chief of Munkunyu CAO Kasese to ensure that the No action taken was awarded construction is completed. a tender to construct two classrooms but did not fix doors, FP/04/10/12 17 windows and plaster the walls. (ii) Eight (8) Primary Schools did not account for UPE Ensure that all Head teachers funds released in account for UPE funds. None 2012. The Project/Supervisor ordered Shoddy work done FP/ to refund Shs.9,042,897 which No action taken on Kamuhiigi Road 18 CC/12/06/11 was paid to the contractor for in Fort-Portal. non-existent works. Mismanagement CAO Kamwenge submits Ag. of the contract to District Engineer Kamwenge to FP/06/01/09 repair Mpanga None 19 District Service Commission for Road – Kamwenge appropriate disciplinary action. district.
(i) The Town Clerk Mpondwe Non remittance Lhubiriha remits of funds to Local Shs.16,347,089 to the lower Councils I and FP/04/05/12 councils. None 20 II by Mpondwe (ii) Always ensure 25% of local Lhubiriha Town revenue collected is remitted Council-Kasese to lower councils.
(i) Minister Local Government cautions Kyegegwa DLG Executive Committee for overstepping their mandate. (ii) CAO Kyegegwa reprimands Influence peddling the DVO for causing the in the distribution supplier to breach the FP/06/04/14 of in-calf heifers None 21 contract.. to war veterans in (iii) The process of selecting the Kyegegwa District. beneficiaries be done afresh. (iv) CAO Kyegegwa ensures that the supplier delivers the animals in line with the agreement.
(i) CAO Kyenjojo to give the teacher an opportunity to Victimization defend himself before the 22 FP/06/01/13 of a teacher in DSC. None Kyenjojo. (ii) Pay the teacher for the months he had worked before being dismissed.
(i) The Secretary Uganda Nurses Forgery of and Midwifes Council cancels academic the certificate of enrolment. FP/09/03/11 None documents by a (ii) The Town Clerk, Fort-Portal Midwife. submits the Midwife to DSC for dismissal.
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APPENDIX STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG ACTIVITIES FOR THE PERIOD JANUARY – JUNE 2014
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During the period January – June 2014, the were initiated as a result of reviewing audit Inspectorate of Government had a workload reports from the Auditor General’s office). of 7,539 investigations which is 8% more Also during the period, the IG received a than what it was during the previous total of 116 complaints through the SMS period (July – December 2013). A total of Reporting System which was introduced 5,952 complaints were brought forward in June 2013. The figure below illustrates from the previous period and 1,579 were how the workload was handled during the new complaints (including 166 cases that reporting period.
Figure 3: Work load January – June 2014
1,579 5,952 Complaints WORKLOAD = 7,539 New Complaints Brought Forward INVESTIGATIONS Received
8 New verifications of Audit Reports reviewed leaders’ declarations resulting in 166 initiated investigations
1,418 complaints and 236 (3.1%) 32 (0.4%) 29 verifications Complaints referred to Complaints Investigated and other agencies Rejected Completed - (19.2%)
5,824 Complaints & Verifications In progress- 77.3%
1,715 (22.7%) Files Concluded.
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Figure 4: Categorization of Complaints Registered by Gender for the period January – June 2014
The chart above illustrates that only a small fraction of the complaints (8%) were received from women. The majority of the complaints (66%), were received from men and those that came from groups of individuals were 15%. 11% of the complainants did not disclose their identities and were mostly those complaints that were received through the SMS Reporting System. Majority of the complaints were received from men due to the fact that they comprise a higher percentage of the workforce in public service.
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Figure 5: Comparison of Investigations for the Periods July – December 2013 and January – June 2014
The diagram above shows that the total number of complaints which were investigated and completed increased from 822 complaints during the period July – December 2013 to 1418 during the period January – June 2014 which is an increase of 72.5% of the complaints investigated during the current period. The increase in the number of cases concluded may be attributed to the increase of the technical staff that were recruited during the period January – June 2013 as they have now settled in and the office is also fully constituted. The complaints that were processed and referred to other institutions also increased from 144 to 236. The number of complaints carried forward reduced 5,952 to 5824 (2.2%) as a result of increased investigations that were completed.
Nevertheless, the number of complaints investigated and completed is still lower than the complaints received although there is a remarkable improvement in performance as compared to the previous period. With the increased use of the case management system, training of staff and a fully constituted institution, the speed of investigation completion is expected to improve further.
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Table VIII: Number of Complaints Registered by the Inspectorate of Government for the period January – June 2014 Number of S/N Office Percentage Complaints 1 Kampala Headquarters 776 49.1% 2 Mbarara Regional Office 130 8.2% 3 Jinja Regional Office 78 4.9% 4 Mukono Regional Office 74 4.7% 5 Gulu Regional Office 73 4.6% 6 Fort Portal Regional Office 62 3.9% 7 Arua Regional Office 44 2.8% 8 Mbale Regional Office 43 2.7% 9 Hoima Regional Office 41 2.6% 10 Masaka Regional Office 38 2.4% 11 Moroto Regional Office 37 2.3% 12 Moyo Regional Office 37 2.3% 13 Lira Regional Office 36 2.3% 14 Soroti Regional Office 35 2.2% 15 Tororo Regional Office 33 2.1% 16 Kabale Regional Office 29 1.8% 17 Kampala Regional Office 13 0.8% Total 1579 100.0%
As indicated in the above table, most of the complaints were registered at Kampala Headquarters and the least complaints were registered at Kabale and Kampala Regional Offices. However, Kampala Regional Office receives most of the complaints that had already been registered at the Headquarters. For instance, Kampala Regional office received a total 13 complaints that were registered at the Head Office during the reporting period.
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Figure 6: Trend of complaints Registered for the period 2005 – 2013
As seen from the above graph, 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.
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Figure 7: Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2005 –2013
The graph above shows that, the Inspectorate of Government investigates and completes at least 1500 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 an IGG but since then the investigations completed have gradually been increasing despite the complex nature of complaints handled.
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Table IX: Complaints received according to districts for the period January – June 2014 Number of S/N District Percentage Complaints 1 Kampala 413 26.2% 2 Arua 68 4.3% 3 Jinja 54 3.4% 4 Gulu 50 3.2% 5 Mbarara 49 3.1% 6 Lira 38 2.4% 7 Kabarole 36 2.3% 8 Wakiso 31 2.0% 9 Kabale 29 1.8% 10 Hoima 22 1.4% 11 Mbale 21 1.3% 12 Moyo 21 1.3% 13 Soroti 21 1.3% 14 Tororo 20 1.3% 15 Yumbe 19 1.2% 16 Mukono 18 1.1% 17 Kasese 16 1.0% 18 Moroto 16 1.0% 19 Nakapiripirit 16 1.0% 20 Agago 15 0.9% 21 Iganga 15 0.9% 22 Maracha 15 0.9% 23 Masaka 15 0.9% 24 Amuru 14 0.9% 25 Manafwa 14 0.9% 26 Masindi 14 0.9% 27 Bushenyi 13 0.8% 28 Kapchorwa 13 0.8% 29 Kiruhura 13 0.8% 30 Kitgum 13 0.8% 31 Kyenjojo 13 0.8% 32 Kaabong 12 0.8% 33 Mityana 12 0.8% 34 Ntungamo 12 0.8% 35 Apac 10 0.6% 36 Buliisa 10 0.6% 37 Busia 10 0.6% 38 Ibanda 10 0.6% 39 Katakwi 10 0.6% 40 Lyantonde 10 0.6% 41 Nakaseke 10 0.6%
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Number of S/N District Percentage Complaints 42 Pader 10 0.6% 43 Isingiro 9 0.6% 44 Kiboga 9 0.6% 45 Koboko 9 0.6% 46 Luwero 9 0.6% 47 Rakai 9 0.6% 48 Amuria 8 0.5% 49 Buikwe 8 0.5% 50 Bundibugyo 8 0.5% 51 Kaliro 8 0.5% 52 Lamwo 8 0.5% 53 Lwengo 8 0.5% 54 Nwoya 8 0.5% 55 Serere 8 0.5% 56 Zombo 8 0.5% 57 Budaka 7 0.4% 58 Kibaale 7 0.4% 59 Kotido 7 0.4% 60 Luuka 7 0.4% 61 Mayuge 7 0.4% 62 Mubende 7 0.4% 63 Namutumba 7 0.4% 64 Nebbi 7 0.4% 65 Rukungiri 7 0.4% 66 Sironko 7 0.4% 67 Alebtong 6 0.4% 68 Bukwo 6 0.4% 69 Oyam 6 0.4% 70 Abim 5 0.3% 71 Bulambuli 5 0.3% 72 Bugiri 5 0.3% 73 Kaberamaido 5 0.3% 74 Kamuli 5 0.3% 75 Kanungu 5 0.3% 76 Kayunga 5 0.3% 77 Kole 5 0.3% 78 Sheema 5 0.3% 79 Amolatar 4 0.3% 80 Bududa 4 0.3% 81 Kalangala 4 0.3% 82 Kibuku 4 0.3% 83 Kiryandongo 4 0.3% 84 Kisoro 4 0.3%
Report to Parliament 65 JANUARY-JUNE 2014 Inspectorate of Government
Number of S/N District Percentage Complaints 85 Kumi 4 0.3% 86 Bukomansimbi 3 0.2% 87 Butambala 3 0.2% 88 Buyende 3 0.2% 89 Gomba 3 0.2% 90 Kamwenge 3 0.2% 91 Kyankwanzi 3 0.2% 92 Mpigi 3 0.2% 93 Ngora 3 0.2% 94 Rubirizi 3 0.2% 95 Sembabule 3 0.2% 96 Otuke 3 0.2% 97 Adjumani 2 0.1% 98 Amudat 2 0.1% 99 Dokolo 2 0.1% 100 Kalungu 2 0.1% 101 Kyegegwa 2 0.1% 102 Napak 2 0.1% 103 Ntoroko 2 0.1% 104 Pallisa 2 0.1% 105 Buhweju 1 0.1% 106 Bukedea 1 0.1% 107 Butaleja 1 0.1% 108 Buvuma 1 0.1% 109 Nakasongola 1 0.1% Not given 6 0.4% Total 1,579 100.0%
The table above shows that most of the complaints (26.2%) originated 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, Jinja, Gulu and Mbarara.
JANUARY-JUNE 2014 66 Report to Parliament Inspectorate of Government
Table X: The Nature of complaints Investigated and completed during the period January June 2014 Number of %age complaints Corruption Complaints 1 Abuse of office 178 12.3% 2 Corruption 165 11.4% 3 Investigations arising out of audit reports 91 6.3% 4 Forgery and uttering of false documents 79 5.5% 5 Misappropriation of public resources 65 4.5% 6 Embezzlement 58 4.0% 7 Conflict of interest 46 3.2% 8 Bribery 32 2.2% 9 Extortion 29 2.0% 10 False Claims 24 1.7% 11 Nepotism 5 0.3% Sub Total 772 53.4% Ombudsman Complaints 12 Mismanagement 192 13.3% 13 Nonpayment of salaries and other benefits 163 11.3% 14 Tenders & Contracts 55 3.8% 15 Delay of service delivery 51 3.5% 16 Victimization/ oppression 47 3.2% 17 Property Disputes 38 2.6% 18 Tax Evasion 2 0.1% 19 others 77 5.3% Sub Total 625 43.2% Leadership code complaints 20 Complaints on leaders wealth 21 1.5% 21 Verifications and Investigations arising out of breach 29 2.0% of leadership code of conduct Sub Total 50 3.5% Total 1,447 100.0%
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 January – June 2014 it accounted for 12.3% of the total number of complaints investigated and completed while during the previous period July – December 2013, it accounted for 18.1% . 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 13.3% and 11.5% respectively.
Report to Parliament 67 JANUARY-JUNE 2014 Inspectorate of Government
Table XI: Departments/Institutions complained against during the period January – June 2014 Number of Complaints Kampala Regional Total DEPARTMENT/INSTITUTION Hqts Offices Complaints %age 1 Individuals (Public officials) 119 174 293 18.6% 2 District Administration 67 151 218 13.8% 3 Municipal & Town Councils 54 61 115 7.3% 4 Police 43 46 89 5.6% 5 Local Councils 26 55 81 5.1% School Administrations (Primary 6 & Secondary schools) 36 40 76 4.8% 7 Sub county Chiefs 12 62 74 4.7% 8 Judiciary 47 26 73 4.6% 9 District Service Commissions 31 31 62 3.9% 10 Ministry of Public Service 32 15 47 3.0% 11 Private companies /Organizations 18 27 45 2.8% 12 NUSAF 5 21 26 1.6% 13 Tertiary Institutions 22 2 24 1.5% 14 Ministry of Education 16 3 19 1.2% 15 Hospitals & health centres 13 5 18 1.1% 16 Ministry of Lands 13 4 17 1.1% 17 Electoral Commission 10 4 14 0.9% 18 Land Board 7 7 14 0.9% 19 DEOs 4 7 11 0.7% 20 UNRA 9 2 11 0.7% 21 Ministry of Health 8 2 10 0.6% 22 Resident State Attorneys 10 0 10 0.6% 23 Colleges/institutes 4 5 9 0.6% 24 Banks 7 2 9 0.6% 25 Contract committees 1 7 8 0.5% 26 KCCA 8 0 8 0.5% 27 IG 8 0 8 0.5% 28 Administrator General 6 1 7 0.4% 29 Ministry of finance 6 0 6 0.4% 30 UNEB 6 0 6 0.4% 31 District Engineers 2 3 5 0.3% 32 DPP 1 4 5 0.3% 33 NFA 4 1 5 0.3% 34 URA 4 0 4 0.3% Ministry of Water and 35 Environment 4 0 4 0.3% 36 Ministry of Gender 4 0 4 0.3% 37 Ministry of Energy 4 0 4 0.3% 38 DPACB 1 2 3 0.2% 39 OPM 3 0 3 0.2%
JANUARY-JUNE 2014 68 Report to Parliament Inspectorate of Government
Number of Complaints Kampala Regional Total DEPARTMENT/INSTITUTION Hqts Offices Complaints %age 40 NAADS 2 1 3 0.2% 41 UBC 3 0 3 0.2% 42 Public Service Commission 3 0 3 0.2% 43 UWA 2 1 3 0.2% 44 RDCs 2 1 3 0.2% 45 ISO & UPDF 1 1 2 0.1% 46 Ministry of Works 2 0 2 0.1% 47 Education Service Commission 2 0 2 0.1% 48 Ministry of Local Government 2 0 2 0.1% 49 NSSF 2 0 2 0.1% 50 NWSC 2 0 2 0.1% 51 MPs 2 0 2 0.1% 52 Attorney General 2 0 2 0.1% 53 Ministry of Tourism 2 0 2 0.1% 54 NEMA 2 0 2 0.1% 55 UPPC 2 0 2 0.1% National Council for Higher 56 Education 2 0 2 0.1% 57 National Council for Disability 2 0 2 0.1% 58 Prisons 1 0 1 0.1% 59 Privatization Unit 1 0 1 0.1% 60 NPA 1 0 1 0.1% 61 Ministry of Foreign Affairs 1 0 1 0.1% 62 Uganda Railways Corp 1 0 1 0.1% 63 State House 1 0 1 0.1% 64 NGOs 1 0 1 0.1% 65 DISO/GISO 1 0 1 0.1% 66 Chief Gov’t Valuer 1 0 1 0.1% 67 Health Service Commission 1 0 1 0.1% 68 Company Registry 1 0 1 0.1% 69 Law Council 1 0 1 0.1% 70 Ministry of Internal Affairs 1 0 1 0.1% National Curriculum Develop- 71 ment Center 1 0 1 0.1% 72 Uganda Land Commission 1 0 1 0.1% 73 UMEME 1 0 1 0.1% 74 UNBS 1 0 1 0.1% 75 PPDA 1 0 1 0.1% 76 Inspector of Schools 0 1 1 0.1% 77 Others 9 28 37 2.3%
Total 776 803 1579 100.0%
Report to Parliament 69 JANUARY-JUNE 2014 Inspectorate of Government
The table above indicates that the most contracts, conflict of interest, abuse complaints received by the Inspectorate of of office, embezzlement and property Government during the period January – disputes. Most complaints in this category June 2014 were those against individual were registered at the regional offices. public offices accounting for 18.6% of the Municipalities require more local officials total complaints received. These were to represent and run the local government. public officials who were alleged to have However, with more officials, it is harder used their offices for private gain. District to keep tabs on each one and establish administrators were the second category a decent administration and monitor their complained against accounting for 13.8% activities. This encourages corruption of the total complaints received. There to occur because there is less likelihood are several types of corruption that occur of either getting caught or prosecuted, in local governments; some are more therefore, more officials become dishonest common than others, and some are more in their day to day work. prevalent to local governments than to larger segments of government. Local The 4th ranked category was that of governments may be more susceptible to Uganda Police which accounted for 5.6% of corruption because interactions between the total complaints registered. The nature private individuals and officials happen of complaints against police included at greater levels and with more frequency. mishandling of cases, bribery, abuse of Forms of corruption pertaining to money office, and delay of service delivery. The such as bribery, extortion, embezzlement, Uganda Police Force is the most bribery- and graft are more prevalent in local prone institution in the country because government systems. Other forms of bribery is either demanded or “suggested” corruption are nepotism and patronage. from the people seeking service from the police. Although the amounts involved are generally small, it adds up because it is There is therefore, need to widely done. strengthen auditing in local governments. The Police Standards Unit is doing a commendable job to instill The 3rd ranked category was that of discipline in the police force but Municipal Councils/Town Councils they need to be strengthened in accounting for 7.3% of the total complaints order to be more effective. received. The nature of complaints in this category included mishandling of tenders/
JANUARY-JUNE 2014 70 Report to Parliament INSPECTORATE OF GOVERNMENT
Figure 8: Functions of the IG Directorates
DOP DLA
DEP DLC
Corruption - -Prosecutions -Coordination of Investigations in - Civil litigation central Government - Supporting -Investigations in Institutions Investigations local Governments -Arrests
- Conduct Public Awareness -Leadership Code - Ombudsman - Production of reports to Enforcement Investigations Parliament & other Publications -Investigations/ - Policy& - Organize training of staff in various Systems study skills declarations
Figure 9: Functions of the IG Divisions
DPM III P& IR
-Vetting of staff to be Responsible for Monitoring & recruited by IG national and Inspection of - Curtailing of possible international Projects corruption among IG staff public relations in - Investigations the IG
REPORT TO PARLIAMENT 71 JANUARY-JUNE 2014 Inspectorate of Government
Figure 10: Functions of the Department of Finance and Administration
FINANCE AND ADMINISTRATION
- Recruitment of staff - Procurement of works, goods and services - Facilitation of staff travel (Abroad and within) - Management of staff emoluments, entitlements and welfare - Staff performance appraisal - Preparation of budget and policy statements
Figure 11: Functions of the IGG/ DIGG
IGG/DIGG
- Receipt of complaints - Authorization and supervision of investigations - Issuing of results or reports of Investigations - Issuing of Bank Inspection Orders - Issuing of Witness Summons - Issuing of Warrants of Arrests - Authorizing Prosecutions - Issuing Orders/ Directives in the Course or as a consequence of Investigations. - Authorization of closure of investigations - Approving the Annual Budgets of the Inspectorate - Issuing Parliamentary Reports - Participation in Public Awareness Programmes, meetings, conferences and international events on behalf of IG.
JANUARY-JUNE 2014 72 Report to Parliament Inspectorate of Government
APPENDIX STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IGARRESTS ACTIVITIES FOR THE PERIOD JANUARY – JUNE 2014
Report to Parliament 73 JANUARY-JUNE 2014 Inspectorate of Government
TABLE XII: ARRESTS EFFECTED BETWEEN JANUARY – JUNE 2014
S/N REFERENCE TITLE OF SUSPECT OFFENCE(S)
Corruptly soliciting for Robert Kalungi, Principal Inspectorate gratification. 1 III/01/10/2013 Officer, Inspectorate of Government. Corruptly receiving gratification.
Abuse of Office, Turyabahika Sephats, Headteacher 2 KBL/07/06/2011 Embezzlement and Kabindi S.S. Kisoro District. causing financial loss.
James Fred Okello, Deputy Chief Disobedience of IG 3 MKN/03/06/13 Administrative Officer, Nakasongola orders. District.
Corruptly soliciting Hamdan Muusa, Ag. Office Supervisor, 4 MBR/05/03/14 for and receiving a Mbarara High Court. gratification.
Bainomugisha John Bosco, NAADS Corruptly soliciting 5 MBR/04/04/14 Coordinator Birere Sub-County, Isingiro for and receiving a District. gratification.
Higenyi Abdu, Human Resource Officer, Abuse of Office and 6 HQT/37/05/11 Mbale District Local Government. causing financial loss.
Jane Tushemerirwe, Principal 7 III/05/10/2013 Inspectorate Officer, Inspectorate of Corruption. Government.
8 III/05/10/2013 Arthur Mpeirwe, Advocate. Corruption.
9 III/05/10/2013 Kaguta Dan, former RDC. Corruption.
Ouma Adea George, District Disobedience of IG 10 HQT/71/09/11 Chairperson, Busia District Local Orders. Government.
D/SGT Busingye Henry, Police Officer Corruptly soliciting for a 11 MBR/04/03/2014 attached to Ndyeke Magistrates Court, bribe. Rubirizi District.
Charles Kayiizi, former Town Clerk, Diversion of public 12 HQT/76/6/2011 Njeru Town Council, Buikwe District resources and abuse of Local Government. office.
JANUARY-JUNE 2014 74 Report to Parliament Inspectorate of Government
Mukiza Harrison, Regional Supervisor Corruptly soliciting for 13 SRT/03/04/2014 for Teso, Karamoja Region with the and receiving a gratifica- Allied Health Professional Council. tion.
Corruptly soliciting Angwandia, Senior Orthopedist with 14 SRT/03/04/2014 for and receiving a Mbale Referral Hospital. gratification.
Failure to execute duties ACD CC No. Maliisa Namukoye Moses, B/man and 15 as surety to produce 006/2011 GISO, Bulambuli District. Maliisa Zipporah.
Corruptly soliciting D/C Dramadri Johnston, Police Officer 16 ARU/01/04/2014 for and receiving a attached to Arua Police Station. gratification.
Katamba Fred, Assistant Chief Corruptly soliciting 17 HQT/45/10/2013 Administrative Officer, Mukono District for and receiving a Local Government. gratification.
Mrs. Kiiza Ruth, teacher at Kasese Uttering false 18 HQT/83/05/2011 Secondary School, Kasese District. documents.
Bwahuha Gideon, teacher at Uttering false 19 HQT/83/05/2011 Nyakiyumbu S.S., Kasese District. documents.
Mrs. Ithungu Eresi, teacher at Uttering false 20 HQT/83/05/2011 Nyakiyumbu S.S., Kasese District. documents.
Kiiza Jackson, teacher at Nyakiyumbu Uttering false 21 HQT/83/05/2011 S.S., Kasese District. documents.
Neglect of duty, abuse Atuhairwe James, District Engineer, 22 FP/11/07/2012 of office and causing Kole District. financial loss.
D/SGT Tumwine George W., Police Corruptly soliciting 23 FP/01/06/2014 Officer attached to Bundibugyo Police for and receiving a Station. gratification.
Corruptly soliciting AIP Mwebe Bruhan, Police Officer 24 FP/01/06/2014 for and receiving a attached to Bundibugyo Police Station. gratification.
Corruptly soliciting Tusiime Elias Kagoma, Fisheries Officer, 25 MSK/04/06/2014 for and receiving a Kalangala District. gratification.
Richard Kaija Balyebulya, CDO, Uttering false 26 FP/10/11/2012 Bundibugyo District Local Government. documents.
Report to Parliament 75 JANUARY-JUNE 2014 Inspectorate of Government
APPENDIX PROSECUTION CASES
JANUARY-JUNE 2014 76 Report to Parliament Inspectorate of Government
TABLE XIII: SUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JANUARY – JUNE 2014
COURT OFFENCE S/N NAME OF ACCUSED REFERENCE OUTCOME COMMITTED NUMBER
Angel Monica Kabasumbi, Uttering False 1 Typist Kabarole District FP CSC 634/2011 Convicted Documents Local Government
Okello James Fred, Disobeying orders Former Deputy Chief of the Inspector 2 KT-00-CO-746/2011 Convicted Administrative Officer General of Nakasongola. Government
Christopher Odongo, Fraudulent False Advisor, Restoration of Accounting and 3 Agricultural Livelihoods in ACD-138/2010 Convicted Causing Financial Northern Uganda (RALNUC) Loss Sector support by DANIDA
IP Alingu John Wilson, Officer in Charge Kalaki Soliciting and 4 Police Post ; AIP Opolot ACD-CSC-38/14 Receiving Convicted James, Officer in charge Gratification. CID, Kalaki Police post
Muganzi Joshua, Head Teacher Karugutu Senior Soliciting and Secondary School and 5 ACD 124/2012 Receiving Convicted Asiimwe Maduuka, Gratification. Chairman Board of Governors.
Loluk Fidelis, Town Clerk Kabong and Narrot Abuse of Office and 6 ACD- 18/2013 Convicted Christine Councilor Kathile Corruption Sub-County, Kabong
Owora Richard, Kirewa Sub Convicted 7 TOR-12-2013 Personation County Chief in Tororo
Christopher Odongo, Fraudulent False Advisor, Restoration of Accounting and Convicted 8 Agricultural Livelihoods in ACD-137/2010 Causing Financial Northern Uganda (RALNUC) Loss Sector support by DANIDA
Report to Parliament 77 JANUARY-JUNE 2014 Inspectorate of Government
Rukundo Caleb, GII Corruptly Soliciting 9 Magistrate Mbarara ACD-119/12 and Receiving Acquitted Magisterial area Gratification
Ocen George, Town Clerk 10 ACD-CSC-116/2011 Abuse of Office Acquitted Kitgum, Municipality
Soliciting and 11 PPC No. 56952, Kato Daniel CR-CO-BUG-011-13 Receiving Abated Gratification
Kasiko Pelda Cashier Jinja Embezzlement and 12 ACD-066/2011 Acquitted Municipal Council False Accounting
Patricia Ojangole , BUG- CR- 657/2013 13 Conflict of Interest Acquitted Executive Director UDB ACD 3/2014
Andrew Kibwota, Secretary Forgery, Abuse of 14 ACD-52/2013 Withdrawn Contracts Committee Pader Office
Santos Okot Lapolo RDC Embezzlement, 15 ACD-200/2011 Withdrawn Kitgum Abuse of Office
Richard Enen district Causing Financial 16 ACD-87/2013 Withdrawn engineer and two others Loss
Causing Financial 17 Odok and 2 others ACD-CSC- 197/2011 Loss and Abuse of Withdrawn Office
Diversion of Public 18 Charles Kayiizi ACD-CSC-76/2011 Withdrawn Funds
Milton Agadribo, Teacher Uttering False 19 CR 563/2012 Withdrawn Kinyara Public School Documents
Ouma Adea, LCV Disobeying lawful 20 BU-CSC-189/2014 Dismissed Chairperson Busia orders
JANUARY-JUNE 2014 78 Report to Parliament Inspectorate of Government
TABLE XIV: ON-GOING PROSECUTION/PENDING CASES BY THE END OF JUNE 2014
COURT OFFENCE S/N NAME OF ACCUSED REFERENCE COMMITTED NUMBER
Bernard David Wambi Wandera, Causing financial loss, 1 Ag. Director, East African Civil CR Case No. 114/2012 abuse of office and Aviation Academy, Soroti. embezzlement.
Matega Aquino, Assistant Law Soliciting and receiving 2 Enforcement Officer, Masaka ACD 0098/2012 gratification. Municipal Council.
Det AIP Bonyo Godfrey, Police Soliciting and receiving 3 Officer attached to Kazo Police ACD 110/2012 gratification. Station, Kiruhura District.
Osege Erias Emmanuel, Court Soliciting and receiving 4 Clerk, Kaberamaido Magistrate’s ACD 129/2012 gratification. Court, Kaberamaido District.
Uttering forged docu- Onen George, Records Assistant, 5 ACD 109/2012 ments and giving false Amuru Local Government. information.
Eng. Kitutu Naboya Patrick, 6 District Engineer, Manafwa ACD 106/2012 Causing financial loss. District.
Joseph Walugembe, Executive Embezzlement, caus- 7 Director, Uganda National Cultural ACD 131/2012 ing financial loss and Centre. abuse of office.
Okello Louis P’bur, head Civil Abuse of office and 8 ACD 121/2012 Engineer, Amuru District. causing financial loss.
Nasembule George, Office Atten- Soliciting and receiving 9 dant, DPP’s office, Nsangi, Wakiso ACD 0107/2012 gratification and District. impersonation.
Bamwira John Richard, former Embezzlement and false 10 Finance Officer, Kampala Central ACD 138/2011 accounting by a Public Division, Kampala. Officer.
Kafero Edward, Plumber with Embezzlement and 11 National Water and Sewerage CSC 187/2011 abuse of office. Corporation, Kampala.
Akankwasa Damian Former Execu- Causing financial loss 12 ACD 79/2011 tive Director, NFA and others. and abuse of office.
Report to Parliament 79 JANUARY-JUNE 2014 Inspectorate of Government
Akankwasa Damian, former 13 ACD 69/2010 Illicit enrichment. Executive Director, NFA
Akankwasa Damian, former 14 ACD 70/ 2010 Causing financial loss. Executive Director, NFA.
Akankwasa Damian Former Causing financial loss 15 Executive Director, NFA and ACD 80/2010 and abuse of office. others.
Nestor Machumbi Gasasira, 16 Principal Accountant in Public ACD-CSC-183/2010 Illicit enrichment Service of Uganda.
Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Abuse of Office, Caus- 17 Opolot Phillip, Town Clerk, Malaba CR. SC 211/2011 ing Financial Loss, Town Council and Samuel Baker Embezzlement. Okallany, Deputy Town Clerk, Malaba Town Council.
Maliisa Ziphora, Principal Uttering forged docu- 18 ACD 06/2011 Personnel Officer, Abim District. ments.
Embezzlement, Abuse Wanyaka Samuel Hauxley, Director of office and False Ac- 19 ACD-CSC-091/2014 Parliamentary Budget Office. counting by a Public Officer.
Abuse of office and Erem Oyie Joe, Assistant Town 20 ACD-CSC-76/2013 Causing Financial Clerk, Lira Central Division. loss.
Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary David Ssalango Kanakulya, Head of Finance, Sebunya Herbert, Internal Causing financial loss 21 Auditor, Suzan Wanume, Senior BUG-CR-1695-2001 and Abuse of office. Assistant Electoral Officer and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission.
Christopher Odongo (Two Files) ACD 135/2010 Causing Financial loss 22 Advisor RALNUC, DANIDA ACD 136/2010 and Embezzlement.
Mutesasira John Drink Water, Abuse of office, False 23 Assistant Engineer, Bombo Town ACD-CSC-13/2011 Accounting by a Pub- Council. lic Officer.
JANUARY-JUNE 2014 80 Report to Parliament Inspectorate of Government
Causing Financial Nulu Nantume, former Internal 24 ACD 32/2011 Loss and Abuse of Auditor Bombo Town Council. office.
Michael Kakonge, Overseer/ Embezzlement and 25 Foreman of Jinja Municipal CSC 103/2011 False Accounting. Council, Jinja Local Government.
Wamuzibira Dathan Embezzlement and 26 Municipal Engineer, Jinja CSC 105/2011 False Accounting. Municipal Council, Jinja District.
Ocen George Albert, Town Clerk, 27 CSC 116/2011 Abuse of office. Kitgum Town Council.
Ssemambo Stephen, Director False Statements by of General Construction and officials of companies 28 BUG. RD. 762/2011 Maintenance Company Ltd, Uttering false Kampala. documents. Obtaining goods by Afaro Gilbert, a resident of Seme BUG. RD. CR. CA false pretense 29 A, Buhasaba Parish, Buhehe 1041/2011 Uttering false docu- Sub-County, Busia. ments
Irumba Mbabali Ancletus, Senior Causing financial loss 30 Town Engineer, Hoima Municipal CSC 207/2011 Abuse of office. Council.
Karakire Stephen, Grade II CSC 217/2011 Corruptly soliciting 31 Magistrate, Lyantonde Magistrate’s for and receiving a Court. gratification.
No. 26948 D/CPL Tumusiime Daniel, Police Officer attached to Corruptly soliciting Bushenyi Police Station and No. 32 CSC. 223/2011 for and receiving a 26288 D/SGT Mujuni Julius, gratification. Police Officer attached to Bushenyi Police Station, Bushenyi District.
Embezzlement, Saazi George, former Town Abuse of office and 33 ACD-CSC-81/2012 Treasurer, Njeru Town Council. false accounting by a public official.
Tumusiime Timothy, Volunteer Corruptly soliciting National Community Service 34 ACD/CSC/017/2012 for and receiving a Programme attached to Mbarara gratification. Magistrate Court.
Corruptly soliciting Bamulutira Edward, State Attorney 35 CSC 0076/2012 for and receiving a Arua DPP’s Office. gratification.
Report to Parliament 81 JANUARY-JUNE 2014 Inspectorate of Government
Byamukama Simon, Forest Ranger, Kyegegwa District Embezzlement, abuse Local Government & Ayesiga ACD-CSC 12/2012 36 of office and false Sulaiman, Senior Accounts FP/CC/04/06/11 accounting. Assistant, Kyegegwa District Local Government. Corruptly soliciting Kibege Moses, Office Attendant in 37 ACD-CSC 008/2012 for and receiving a DPP’s office, Mityana. gratification.
Ekungu Simon Peter, Sub-County Corruptly soliciting 38 Chief, Ngora Sub-County in Kumi ACD CR CA 19/2011 for and receiving a District. gratification.
Abuse of office and Sagal Simon Lolim, former Vice HCT –ACD- 39 personating a person Chairperson LC V, Nakapiripirit CSC-0050/2012 named in a certificate.
Kitsumbire Thembo, member Uttering false 40 KAS-00-644/2012 District PAC, Kasese. documents.
Musinguzi B. Levi, Ag. Town Clerk, Causing financial loss 41 CSC 0025/2012 Kamwenge Town Council and Anor. and Abuse of office
Awili Agnes, District Environment Uttering false 42 CR 0185/12 Officer, Abim District. documents
Causing financial loss, Abuse of office and Onegi Obel, former Chairman corruption. Board of Directors NSSF, Leonard NB: Prosecution Mpuuma, former Managing was stayed pending 43 Director, National Social Security ACD-CSC-153-2010 determination of Fund. a constitutional reference which is yet to be heard by the Constitutional Court.
Tumushangye Dismas, District Embezzlement and 44 ACD-142/2012 Engineer. false accounting.
Ndigarasa Joseph alias Bakanga Muganyizi, former Headteacher of Personating a person 45 CR 531/12 Kitaihuko Primary School, Kyenjojo named in a certificate. District.
Anecho Stephen, Ag. Town Clerk, 46 ACD-125/2012 Abuse of office Nebbi Town Council.
Mugenyi Bernard, Office Giving false informa- 47 Administrator for FDC, Masaka ACD-137/2012 tion. Municipality, Masaka District.
JANUARY-JUNE 2014 82 Report to Parliament Inspectorate of Government
Corruptly soliciting for 48 Isabirye Samuel CSC 180/2011 and receiving a gratifi- cation. Professor Okedi, Chairman Conflict of interest 49 Kyambogo University Council and ACD-59/2013 and disobedience of IG 7 others orders. Ariko Patrick, CPL attached Soliciting and to Criminal Intelligence receiving gratification 50 ACD-029/2013 Investigations/Department, Lia and extortion of Customs in Arua District. money. Nalubega Sansa, Town Clerk, Bweyale Town Council and Tegras Causing financial loss 51 ACD-017/2013 Mugisa, Treasurer, Bweyale Town and Abuse of office. Council. Atai Hellen Chief Finance Officer Causing Financial loss 52 Amuria and Dr. Eumu Silver ACD-21-2013 and Abuse of Office District Health Officer. Gafa Deo, Assistant Engineering Uttering false docu- 53 FPT-01-CR-CO-0255-2013 Officer, Bundibugyo Town Council. ments. Okoli Richard, CAO Oyam District Causing financial loss 54 ACD-36/2013 and Omara Hudson, Acting CFO. and Abuse of office. Lulu Francis Selle, former 55 Headteacher of Allere Secondary ACD-68/2013 Abuse of office. School, Moyo District. Atai Hellen Doreen, Chief Finance Abuse of office and 56 ACD-06/2013 Officer, Amuria and Alioki Richard. Embezzlement. Bukirwa Florence, LC II Secretary Corruptly soliciting for 57 ACD-025/2013 Bukasa Parish, Makindye Division gratification. Lwanga Joseph, Senior Accounts 58 ACD-11/2013 Embezzlement. Assistant, Mukono DLG. Mugisha Fred, State Attorney, Ki- Corruptly soliciting for 59 ACD-843/2013 boga office. gratification. Anguzu Robert, Planner Arua Dis- Corruptly soliciting for 60 ACD-1213/2013 trict Local Government. gratification. Chothembo Fred, Assistant Clerk, Embezzlement and 61 NEB-CR-0567/2013 Zombo District. abuse of office. Nsimbe Ismail, LC III Councilor Corruptly soliciting Bwaise IIE and Chairperson Se- 62 NAB-CR-813/2013 for and receiving curity Link Committee, Kawempe gratification. Division, Kampala District.
Obina Hallan, NUSAF Facilitator, Uttering false docu- 63 CO-OO-GUL-171-2013 Nwoya, Amuru District. ments. Otuya Abraham Emmanuel, NAADs Coordinator, Kapedo Forgery, uttering false 64 Sub-county and Ochero Simon, ACD-078/2013 documents and abuse Acting Sub-county Chief, Kapedo of office. Sub-county.
Report to Parliament 83 JANUARY-JUNE 2014 Inspectorate of Government
Sam Songol, Court Clerk/Office Soliciting and 65 ACD-003/2013 Supervisor, LDC. receiving gratification. Napok Paulus Matembu, Examiner Uttering false docu- 66 TOR-CR-CO-318/2013 of Accounts, Manafwa District. ments. Kalungi Robert, Principle Inspec- Soliciting and Receiv- 67 ACD-CSC-19/2014 torate Officer. ing Gratification.
Aziku Gad Senior Staff Surveyor Soliciting and Receiv- 68 ACD-CSC-29/2014 Arua District Local Government. ing Gratification.
Turyabahika Sephat, Head Teacher Abuse of Office and 69 ACD-CSC- 45/2014 Makobore High School. Embezzlement. Victimisation of 70 Patricia Ojangole ACD-CSC-1/2014 whistleblower.
No. 41499 DC Dramadri Johnson, Soliciting and Receiv- 71 ACD-CSC-85/2014 Police Officer attached to CPS Arua. ing Gratification.
Katamba Fred, Senior Assistant Soliciting and Receiv- 72 Secretary, Mukono District Local ACD-CSC-25/2014 ing Gratification. Government.
Kizza Ruth, Bwambuha Gideon, Ithunga Eresi, Kizza Jackson and Kasese Crime Case Uttering False Docu- 73 Baluku Murangahara Patrick, 250/2014 ments. all Secondary school teachers in Kasese.
Mukiza Harrison, Regional Soliciting and Receiv- 74 Supervisor, Soroti Karamoja region ACD-CSC-2014 ing Gratification. under Allied Health Council.
Bainomugisha John Bosco NAADS 75 Coordinator of Birere Sub-County ACD-SC-80/2014 Receiving Gratification Isingiro. Causing Financial Higenyi Abdul Personnel Officer 76 ACD-CSC-0054/2014 Loss and Abuse of Mbale. Office. Hamudan Musa, Ag Office Supervi- Soliciting and Receiv- 77 ACD-CSC-70/2014 sor Mbarara High Court. ing Gratification. Dr. Ahiriza Moses, medical doctor Soliciting and Receiv- 78 ACD- CSC-53/2014 Kabale Regional Referral Hospital. ing Gratification.
B.D. Wandera, Ag. Director Soroti Illicit enrichment 79 ACD-CSC-12/2014 Flying School. (New) Jane Mpeirwe, Principal Inspec- Soliciting and Re- torate Officer Inspectorate of ceiving Gratification, 80 ACD-CSC-061/2014 Government, Arthur Mpeirwe and Abuse of office and Kaguta. Aiding and Abating.
NB: Christopher Odongo had four cases, he was convicted in two and two are still pending.
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TABLE XV: CRIMINAL APPEALS BY THE END OF JUNE 2014
OUTCOME OF COURT NAME OF NAME OF OFFENCE S/N THE PREVIOUS REFERENCE APPELLANT RESPONDENT COMMITTED TRIAL NUMBER Acquitted in court of first instance, Convicted on Abuse of office Bagarukayo COA- 1 Uganda (IG) all counts on and causing Charles CA-80/2013 appeal, he Financial loss. appealed against the conviction to court of appeal.
Convicted by the Causing financial David Chandi Trial court, filled Appeal No. loss, abuse 2 Jamwa Uganda(IG) appeal in Court 77/2011 of office & MD NSSF of Appeal. Embezzlement
Acquitted by trial HCT- GUL –CR Uttering false 3 Uganda Salwa Sadat Court. App- 1/2012 documents.
Convicted by trial court, conviction Embezzlement, Bongomin upheld by Abuse of office, Richard High court, COA Criminal false accounting, 4 Akal, District Uganda(IG) Appellant’s Appeal No. Forgery and Planner, appeal was 96/2011 Uttering false Pader heard by Court document. of Appeal. Judgement will be on notice.
Convicted by trial court, Gashenyi conviction John Wycliffe, COA-CR- 5 Uganda(IG) upheld by High Abuse of office. Former Town APP-240-2010 court, appellant Clerk Kiboga. filed an appeal in Court of appeal. Ndifuna Conviction of Corruptly Moses, Mag- 6 Uganda (IG) the lower court SC-CRA- Soliciting and istrate GII upheld. receiving a bribe Mbarara
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Acquitted on HCT- GUL –CR Uttering of false 7 Uganda Lanyero Evelyn appeal, made a App- 2/2012 document. further appeal.
Court of Appeal upheld conviction by Cheptuke Corruptly High Court. Kaye David, SC- CRA- soliciting and 8 Uganda(IG) Convict’s appeal Magistrate 01/2013 receiving a to Supreme Grade I Kisoro gratification. Court was heard. Matter awaiting judgement
Margret Kobusingye and Wanyana, Senior Economist/ Desk officer in charge of the Water and Convicted by Sanitation the Trial Court, COA- 9 Uganda(IG) Abuse of office. Sector with appealed to High CR-30-2008 Ministry of Court. Finance, A2 was a Senior Assistant Engineering Officer with Ministry of Works.
Chemisto Convicted by Abuse of office, A.M, Sammy Uganda(IG) the trial court. COA-CSC- 205- 10 causing financial Nelson, Swa- Appealed to 2010 loss. mi Martin Court of Appeal
Convicted by M Mwanja the trial court, Charles Appeal upheld COA CR AP- Abuse of office District by High Court. PEAL NO. and causing fi- 11 Uganda(IG) Prisons Second appeal 35/2012. nancial loss. Commander- was heard, Kasese matter awaiting judgement.
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Convicted by trial court, con- Achiga John Abuse of office viction upheld COA CRIM Chaiga, Dis- and causing fi- 12 Uganda(IG) by High court, APPEAL No. trict Engineer, nancial loss. appellant filed an 295/2010 Moyo appeal in Court of appeal.
Convicted by trial court, acquitted by COA CRIM Ap- Uttering false 13 Uganda Nahabo Asha High Court, IG peal No. 4/2012 documents. filed a second appeal.
Acquitted by trial court, Waidha Okuku Convicted on HCT-00- Soliciting and 14 Uganda Stephen and appeal by High ACD –CR SC receiving a bribe. Another. Court, Accused 021/2010 appealed to Court of Appeal.
Causing Eng. Wanjusi Acquitted by trial financial loss 15 Uganda CR.481-2006 Fabian, District court. and convicted for Abuse of office.
Eng. P.K. Waiswa, Causing financial Acquitted by trial 16 Uganda District CR-482-2006 loss and abuse of court Engineer, office. Iganga District
Convicted Turyamwesiga appealed vide Vanance, Causing Convicted by Cr App No District financial loss 17 Uganda(IG) trial court vide 13/2008 and Engineer, and convicted for CSC 494/2006 state cross Kabale Local abuse of office. appealed vide Cr Government. App 0041/2008
Court of Appeal Embezzlement, B. S Okello Upheld convic- HCT-ACD- 008- causing financial 18 Uganda(IG) and others – tion by High 2010 loss and abuse of Court office.
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Stanley Convicted by Mugenyi, trial court, Abuse of office Principal Staff conviction and corruptly 19 Surveyor, Uganda(IG) upheld by High CR-076-2009 soliciting and Mbarara court, appellant receiving a District Land filed an appeal in gratification. Office Court of Appeal.
Sabila Herbert former MP, Tingey, Convicted by Sammy Corruptly offering High Court, COA Appeal No. 20 Nelson, Uganda(IG) a bribe to an IG they appealed to 22/2010 Treasurer officer. Court of Appeal. Kapchorwa, Chelimo Nathan
Inziku Paul, Aderubo Vincent, High Court Toko Aleni, upheld the Embezzlement, former Town conviction by ACD App. Causing financial 21 Clerk, Arua, Uganda lower court, 31/2011 loss, Abuse of former CFO they appealed to office. and Former Court of Appeal. Accounts Assistant respectively
Inziku Paul, Aderubo Vincent, Toko High Court Aleni upheld the Embezzlement, Former Town conviction by ACD App. Causing financial 22 Clerk, Arua, Uganda lower court, 32/2011 loss, Abuse of former CFO they appealed to office. and former Court of Appeal. Accounts Assistant respectively.
Captain Mike Acquitted by Causing Mukula, High court on COA- CA-10- Financial loss 23 Uganda former Minister appeal. The state 2013 and Abuse of of State for appealed against office. Health. the acquittal
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Conviction of lower court Causing financial Opolot John- COA CR. Appeal 24 Uganda (IG) upheld, Opolot loss, Abuse of son and Ojono 89/2012 filed a second office. Appeal.
Conviction of lower court Causing financial COA.CR Appeal 25 Ojono Charles Uganda (IG) upheld, Opolot loss and abuse of 90/2012 filed a second office. appeal.
Acquittal of lower Adimo Ala- court overturned Embezzlement ba Mark, and convicted by 26 Uganda (IG) COA 29/12 and Abuse of Head Teacher the High Court. Office. Kabong S.S.S He filed a second appeal.
Conviction of Causing Ampumwize lower court Financial Nad, District 27 Uganda (IG) upheld by High COA 108/2012 loss, false Planner, Ka- Court, he filed a accounting and bale second appeal. embezzlement.
Rose Ochom former CAO Kumi, Johnson Accused were Opolot, former put on their Assistant defence and CAO, Charles appealed against Abuse of office Okalebo, the ruling but HCT-CR App and causing fi- 28 Uganda former later abandoned 6/2012 nancial loss. Principal the appeal. State Accounts is pursuing Assistant, fixing of case for Amos Stanley defence hearing Omongo, former Internal Auditor.
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Abuse of office, Causing Gizbui Sam Financial loss, CRIM Appeal 29 Uganda and Mataka Acquittal Embezzlement 029/2012 Godfrey and false Accounting by a public officer.
Ocaya KT-00- Uttering False 30 Uganda Convicted George CO-746/2011 Documents.
High Court overturned the Uttering False 31 Uganda Nyeko Francis trial Court’s Documents. Acquittal and convicted Nyeko
Adea High Court Ouma, LC V upheld trial Soliciting and Chairperson Court’s 32 Uganda ACD-CA-8/2014 Receiving Busia conviction. Gratification. District Local Convict made a Government second appeal
Convicted by trial court, Convict appealed HCT-ACD Obore George and appeal Criminal Abuse of Office 33 Uganda Alfred was dismissed. Application and Theft. Lodged an 47/2013 application to re instate appeal
Nestor Pending Machumbi Constitutional Gasasira, ACD- 34 Uganda Court ruling on Illicit enrichment. Principal CSC-183-2006 a Constitutional Accountant, Reference Public Service
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APPENDIX LITIGATION CASES
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TABLE XVI: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JANUARY – JUNE 2014
NAME OF THE NO. CASE REF.NO. CAUSE OF ACTION PARTIES
Court of Appeal: Civil Prime Contractors Ltd vs 1 Appeal yet to be heard. Appeal No.244/2013 IGG & UNRA
Supreme Court: Civil American Procurement 2 Appeal yet to be heard. Appeal No. 07/2014 Co. Ltd vs AG & IGG
Court of Appeal: Civil Ap- Prime Contractors Ltd vs Application dismissed in favour 3 plication No.380/2013 IGG & UNRA of IG.
HCT-o4-0119/2013 - Appeal allowed/ application 4 IGG vs Ouma Adea Mbale granted to IGG.
Misc. Appl No.0006/2013 Application dismissed with 5 Ouma Adea vs IGG – Mbale High Court costs in favour of IG.
American Procurement Appeal dismissed in favour of 6 Civil Appeal No. 35/2009 Ltd vs IGG & AG IG.
Misc. Cause Case withdrawn on objection 7 Nsamo Amir vs IGG No.320/2013 raised by the IGG.
Honey Pot Enterprises Taxation concluded in favour of 8 Misc. Cause No.72/2010 Co. Ltd vs IGG IG.
Application for Cross-examina- 9 Misc. Cause No.59/2014 Wanyaka Samuel vs AG tion of IG dismissed in favour of IG.
Application for judicial review 10 Misc Cause No.59/2014 Wanyaka Samuel vs AG dismissed with costs.
Lutwama Herbert vs 1. IGG Misc. Cause No.20/2013 11 2. Mukono District Local Case dismissed in favour of IG. at Jinja Govt 3. Kyambogo University
Misc. Cause Case dismissed in favour of 12 Godfrey Lwasa vs IGG No.134/2007 IGG.
Pending a ruling before a single Court of Appeal: Misc. 13 Ouma Adea vs IGG Justice of Appeal. Appl. No.34/2014
Court of Appeal: Misc. 14 Ouma Adea vs IGG Pending a hearing. Cause No.33/2014
Ouma Adea vs IGG 15 Civil Appeal No.94/2014 Pending a hearing.
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Nassolo Asiat vs Misc. Cause No. 8/2011 1. Sembabule District 16 Ruling on Notice at Masaka High Court Local Govt 2. IGG
Philip Gonzaga & Another vs Misc. Appl. Interim Application yet to be 17 1. Tororo District Local No.0184/2013 at Mbale heard. Government 2. IGG & Another
Philip Gonzaga & Another vs Misc. Cause 1. Tororo District Local Application for Review yet to be 18 No.0007/2013 at Mbale Government heard. 2. Tororo District DSC 3. IGG
Court of Appeal: Civil Haji Edirisa Mutaasa & 4 19 Appeal yet to be heard. Appeal No.66 of 2012 Others vs IGG
Misc. Cause No.142 of Charms (U) Ltd vs Pearl 20 Application yet to be heard. 2012 Estates vs IGG
Appeal withdrawn by IGG, 21 Civil Appeal No. 98/2010 IGG vs Gasasira Costs pending determination.
22 Misc. Appl. No. 72/2012 Katamba Fred vs IGG Hearing ongoing.
Misc. Cause No. 23 Paulo Kihika vs AG Bill of costs yet to be filed. 120/2012
Bill of costs yet to be taxed. 24 Civil Suit No. 41/2011 Mtwalib Kaboodha vs IGG
25 Civil Suit No. 51/2011 Mtwalib Kaboodha vs IGG Bill of costs yet to be heard.
Misc. cause No. Namakula Specioza vs The issue of costs is pending to 26 007/2009 IGG pave way for the withdrawal.
Lutwama Herbert vs IGG Misc. Appl. 129/2013 at & Mukono District Local Application for reinstatement of 27 Jinja Government & Kyambogo the case allowed. University.
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APPENDIX
LETTERS OF APPRECIATION
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MISSION OF THE INSPECTORATE OF GOVERNMENT
To Promote Good Governance through enhancing Accountability, Transparency; and Enforcement of the Rule of Law and Administrative Justice in Public Offices
INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel (General Line): 0414 344 219/259 738 (Hot Line) 0414 347 3876 Fax: 0414 344 81 Web: www.igg.go.ug
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