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Corruption

THE Anti-Corruption Court has issued criminal summons to former
Vice-President Prof. Gilbert Bukenya for his role in the Commonwealth
Heads of Government Meeting (CHOGM) expenditures.



Senior Principal Grade One magistrate Sarah Langa yesterday issued
the summons to Bukenya to appear in court on June 16 at 9:00am to be
charged with abuse of office and fraudulent practices.



On a separate charge sheet, Bukenya is accused, together with
Motorcare Uganda Limited, the company that supplied cars that were used
in the event, over alleged fraudulent transactions in connection with
the contract.



“Prof. Dr. Gilbert Bukenya being a person employed as Vice-President
in the Government of the Republic of Uganda and chairman of the
Commonwealth Heads of Government Meeting (CHOGM) Cabinet sub-committee
on various dates between May 2007 and November 2007 within Kampala
district did unlawfully and high-handedly direct arbitrary acts
prejudicial to the interests of the Ugandan government in abuse of his
office,” read part of the charge sheet signed by the Inspector General
of Government (IGG), Raphael Bakku.



Prosecution, led by state attorney Rogers Kinobe from the
Inspectorate of Government, said Bukenya influenced and directed the
award of a sh9b contract to Motorcare for the supply of BMW executive
vehicles that were for use during CHOGM.



“Prof. Dr. Gilbert Bukenya connived and colluded with Motorcare (U)
Ltd. to commit fraudulent acts; to wit; conniving or colluding to award a
contract to supply 80 units of BMW R 1200 RT Police outrider
Motorcycles intended for use during CHOGM, 2007 to Motor care (U) Ltd,”
read the second charge sheet.



“Your worship, this matter is for plea, but both the accused are
still at large. I pray for criminal summons to be issued to enable them
attend court,” Kinobe said.



The summon to the two parties states: “You are hereby commanded to
attend court on the 16th day of June 2011 at 9:00am or as soon thereon
as the case will be heard to answer the charges of abuse of office under
section 11 of the Anti-Corruption Act, 2009 and fraudulent practice
under section95 (1) (d) of the Public Procurement and Disposal of Public
Assets (PPDA) Act, 2003.”



Bukenya is alleged to have disregarded laws, regulations and practices governing the PPDA Act in the Republic of Uganda.



The investigation into the 2007 CHOGM activities was ordered by
President Yoweri Museveni after the Auditor General published a report
that the CHOGM bill had jumped from sh270b to sh400b. The figure later
went to sh500b.



In the Auditor General’s report, Bukenya is also accused of having
authorised sh13.9b for Munyonyo Commonwealth Resort and instructing the
grading of the road to his Garuga Hotel using CHOGM funds.

Works minister John Nasasira was also questioned over the road.



Appearing before the public accounts committee scrutinising the
Auditor Generals’ report in May last year, Bukenya, however, defended
his role before the committee, saying he was proud of chairing the
sub-committee that organised the most successful CHOGM in Sub-Saharan
Africa.



Bukenya told the committee that procurement rules were waived to
beat the tight deadline and that procurement officers were to ensure
value for money, while his role stopped at policy guidelines.



He said permanent secretaries advised the sub-committee on technical
issues and that they relied mainly on the Blue Book, the manual for
CHOGM.



The former Vice-President said in July 2006, the Cabinet
sub-committee halted the open bidding because of time shortage and opted
for purchase of the cars.



In October 2006, he added, a decision was taken to reduce the number of executive cars from 240 to 204.



Still, the finance ministry had no money to buy the cars, but to lease them, he noted.



When contacted yesterday, Bukenya said: “I have not yet received the
summons, but I have heard from the media. I know the summons are
coming, but I don’t mind. I will go to court. The battles are still
many”.



Under section 11 of the Anti-Corruption Act, any person found guilty
of the offence is liable to a sentence not exceeding seven years
imprisonment or a fine of sh3.3m or both.



Where there is financial loss, court shall in its discretion impose another penalty it deems fit on the convict.



Under section 95(1)(d) of the PPDA Act, any person found guilty of
the offence is liable to three years imprisonment or a fine of sh5m or
both.

...
Product Id: 100085
Posted By: Mukhobeh Moses Khaukha
Country: Uganda
Category: Business
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