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THE REPUBLIC OF UGANDA

JANUARY – JUNE 2013

INSPECTORATE OF GOVERNMENT

REPORT TO PARLIAMENT

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TABLE OF CONTENTS Page List of Figures .. .. .. .. .. .. .. .. iii List of Tables .. .. .. .. .. .. .. .. iv List of Appendices .. .. .. .. .. .. ... .. vAbbreviations & Acronyms .. .. .. .. .. .. viExecutive Summary .. .. .. .. .. .. .. ix

CHAPTER ONE: INTRODUCTIONConstitutional Mandate .. .. .. .. .. .. 1 Functions of the Inspectorate of Government .. .. .. 1 General powers of the Inspectorate of Government .. .. 2 Special powers of the Inspectorate of Government .. .. 2 Jurisdiction and Independence of the Inspectorate of Government 3 Strategic Objectives of the Inspectorate of Government (2010-2014) 3 Organization of the Inspectorate of Government .. .. .. 4 Regional Inspectorate of Government Offices .. .. .. 6

CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTIONInvestigations .. .. .. .. .. .. .. .. 9 Arrests made .. .. .. .. .. .. .. .. .. 12Prosecutions .. .. .. .. .. .. .. .. 12Civil cases .. .. .. .. .. .. .. .. .. 13Monitoring and Inspection of Government Projects .. .. 14Monitoring and Inspection of NUSAF 2 Projects .. .. .. 14NUSAF 2 Investigations .. .. .. .. .. .. .. 18SMS Reporting System.. .. .. .. .. .. .. 23

CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTIONIntroduction .. .. .. .. .. .. .. .. 25Ombudsman Complaints handled .. .. .. .. .. .. 25 Challenges in implementation of Ombudsman investigations .. 27Specific recommendations to Government .. .. .. .. 27Future plans .. .. .. .. .. .. .. .. 27Policy and System Studies .. .. .. .. .. .. 27

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CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODEThe Constitutional Mandate to enforce the Leadership Code of Conduct .. .. .. .. .. .. .. .. 31 Activities carried out during the reporting period .. .. .. 31Management of leaders’ declarations of Incomes, Assets & Liabilities forms .. .. .. .. .. .. .. .. .. .. 31 Constraints faced in enforcing the Leadership Code of Conduct 33 Future plans .. .. .. .. .. .. .. .. 33 Recommendations to Government .. .. .. .. .. 34

CHAPTER FIVE: PREVENTIVE MEASURESIntroduction .. .. .. .. .. .. .. .. 35 Public Awareness Programmes .. .. .. .. .. 35Integrity Ambassadors Club Activities .. .. .. .. .. 37Recommendations for Policy Consideration.. .. .. .. 40

CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATIONTraining .. .. .. .. .. .. .. .. .. 41Local and International training programmes .. .. .. 41 International Cooperation .. .. .. .. .. 46Citizen Engagement Framework .. .. .. .. .. .. 46 CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONSChallenges and constraints faced by the IG in achieving strategic objectives .. .. .. .. .. .. .. .. .. 47 Recommendations .. .. .. .. .. .. .. 49 Future Plans .. .. .. .. .. .. .. .. 51

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LIST OF FIGURESPage

Figure 1 Graph showing general investigations of the Inspectorate .. .. .. .. .. 11 Figure 2 Graph showing the trend of arrests and prosecutions for the years 2006 – 2012 .. .. .. 13Figure 3 Work load for the period January – June 2013 .. 54Figure 4 Categorization of Complaints Registered by Gender for the period January – June 2013 .. .. .. 55Figure5 Comparison of Investigations for the Periods July – December 2012 and January – June 2013 .. 56Figure 6 Comparison of new complaints received and those that were investigated during the period January – June 2013 .. .. .. .. .. .. 57 Figure 7 Functions of the Inspectorate of Government by Directorates.. .. .. .. .. .. .. 69Figure 8 Functions of the Department of Finance and Administration .. .. .. .. .. .. 70Figure 9 Functions of IGG/DIGG .. .. .. .. .. 71


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LIST OF TABLES

Table I Workload during the period January – June 2013 .. xiTable II Summary of outcomes of implemented recommendations during period January – June 2013 .. .. .. .. xviTable III Distribution of IG Regional Offices & districts covered .. 7Table IV Investigations carried out by the Inspectorate .. .. 10Table V Corruption Complaints investigated and completed during the Period January – June 2013.. .. .. .. 12Table VI Ombudsman Complaints investigated and completed 26Table VII Local Training programmes conducted.. .. .. .. 41Table VIII International Training and Cooperation... .. .. .. 44Table IX Trend of the complaints registered and investigated by

the Inspectorate of Government for the years 2001 – 2012 58Table X Trend of complaints investigated and completed at Kampala Headquarters and Regional offices for the years 2001 – December 2012 .. .. .. .. .. .. 59Table XI Complaints received according to the districts for the

Period January – June 2013 .. .. .. .. .. 60Table XII The nature of complaints investigated and completed

during the period January – June 2013 .. .. .. 64Table XIII Departments/Institutions complained against during the Period January – June 2013 .. .. .. .. 65Table XIV Top Departments/Institutions complained against for the Last 7 years (2006 – December 2012) .. .. .. 68Table XV Arrests effected between January – June 2013 .. .. 74Table XVI Summary of finalized prosecution cases during the Period January – June 2013 .. .. .. .. .. .. 78Table XVII Summary of Criminal Appeal cases concluded during

the period January – June 2013 .. .. .. .. 80Table XVIII On-going Prosecution cases by the end of June 2013 .. 81Table XIX Criminal Appeals by the end of June 2013 .. .. .. 88Table XX Summary of on-going Civil cases during the period January – June .. .. .. .. .. .. .. .. 94Table XXI Concluded Civil cases .. .. .. .. .. .. 95

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LIST OF APPENDICES

Appendix A - A statistical presentation of IGG investigations and other activities .. .. .. .. 54

Appendix B - Arrests .. .. .. .. .. .. 74Appendix C - Prosecution cases .. .. .. .. .. 78 Appendix D - Litigation cases .. .. .. .. .. 94Appendix E - Some of the letters of Appreciation received .. 98


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ABBREVIATIONS AND ACRONYMS

C/ASP - Cadet Assistant Superintendent of PoliceCAA - Civil Aviation AuthorityCADP - Corporate and Development PlanCAO - Chief Administrative OfficerCFO - Chief Financial OfficerCID - Criminal Investigations DepartmentCPC - Community Procurement CommitteeCPMC - Chairperson Community Project Management CommitteeD/AIP - Detective Assistant Inspector of policeD/C - Detective ConstableD/CAO - Deputy Chief Administrative OfficerD/CPL - Detective CorporalD/SGT - Detective SergeantDANIDA - Danish International Development AgencyDAPCB - Departed Asian Property Custodian BoardDEI - Directorate of Ethics and IntegrityDEO - District Education OfficerDEP - Directorate of Education and Prevention of CorruptionDFID - Department for International DevelopmentDGF - Democratic Governance FacilityDGHS - Director General of Health ServicesDIGG - Deputy Inspector General of GovernmentDISO - District Internal Security OfficerDLA - Directorate of Legal AffairsDLC - Directorate of Leadership CodeDOA - Directorate of Ombudsman AffairsDOP - Directorate of OperationsDPP - Director of Public ProsecutionsDRO - Directorate of Regional OfficesDSC - District Service CommissionDTM - Data Tracking MechanismEPRA - Extended Participatory Rural AppraisalFDC - Forum for Democratic ChangeFY - Financial YearGISO - Gombolola Internal Security OrganisationGIZ - Germany Implementation AgencyGOU - Government of Uganda

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IAACA - International Association of Anti-Corruption AuthoritiesIDA - International Development AgencyIG - Inspectorate of GovernmentIGG - Inspector General of GovernmentIP - Inspector of PoliceISO - Internal Security OrganizationJCRC - Joint Clinical Research CentreJISM - Joint Implementation Support MissionKCCA - Kampala capital City AuthorityLAN - Local Area NetworkLC’s - Local CouncilsLCV - Local Council FiveLRA - Lord’s Resistance ArmyMDA’s - Ministry, Departments and AgencyMP - Member of ParliamentNAADS - National Agricultural Advisory ServicesNARO - National Agricultural Research OrganizationNDO - NUSAF Desk OfficerNEMA - National Environment Management AuthorityNFA - National Forestry AuthorityNGO - Non Governmental OrganizationNHCC - National Housing and Construction CorporationNPA - National Planning AuthorityNRM - National Resistance MovementNSSF - National Social Security FundNUSAF - Northern Uganda Social Action FundNWSC - National Water and Sewerage CorporationOPM - Office of the Prime MinisterP/S - Primary SchoolPPDA - Public Procurement and Disposal of Public Assets AuthorityPRDP - Peace Recovery and Development Program ProgrammeRDC - Resident District CommissionerRIO - Regional Inspectorate OfficerSAC - Social Accountability CommitteeSIDA - Swedish International Development AgencySMS - Short Message ServiceSS - Secondary SchoolTAAC - Transparency, Accountability and Anti- CorruptionUBC - Uganda Broadcasting Corporation


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UCC - Uganda College of CommerceUETCL - Uganda Electricity Transmission Company LimitedUNBS - Uganda National Bureau StandardsUNEB - Uganda National Examinations BoardUNODC - United Nations Office of Drug and CrimeUNRA - Uganda National Roads AuthorityUPDF - Uganda Peoples Defense ForcesUPPC - Uganda Printing and Publishing CorporationUSA - United States of AmericaUWA - Uganda Wildlife AuthorityW/SGT - Woman Sergeant WAN - Wide Area Network

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1.1 Introduction

Under Article 231 of the 1995 Constitution of the Republic of Uganda, the Inspectorate of Government (IG) is required to submit to Parliament at least once in every six months, a report on the performance of its functions, making recommendations which the office considers necessary for the efficient performance of public institutions. The report is also meant to provide any other information that Parliament may require.

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

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

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

(c) To promote fair, efficient and good governance in public offices;

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

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

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

In order to fulfill its mandate, the Inspectorate of Government is also granted general and special powers as is shown in Chapter One of this report. This is the 29th report of the Inspectorate of Government to Parliament and the 5th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period January – June 2013.

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1.2 Structure of the ReportThe report comprises of seven chapters on various aspects of the Inspectorate’s constitutional mandate.

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

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

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

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

Chapter Five focuses on the preventive measures used by the office to curb corruption and promote good governance in public offices.

Chapter Six looks at the training activities that were carried out for the officers of the Inspectorate during the period and activities carried out to enhance national and international cooperation between the IG and other stakeholders.

Chapter Seven is about the general operational constraints and challenges faced by the IG. The chapter further outlines the future plans of the office and makes recommendations to Government on ways that could make the office more efficient and effective.

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1.3 Summary of Achievements of the Inspectorate of Government in the period January - June 2013

1.3.1 Investigations- General The Inspectorate of Government receives complaints or initiates investigations over suspicions of corruption, maladministration, breach of the Leadership Code and arrests and prosecutes those implicated in corruption. These continue to be the major activities of the institution.

During the period under review, the Inspectorate of Government had a total workload of 6,308 complaints including verification of leaders’ declarations. Out of these 4,895 were brought forward from the previous reporting period. 1,363 complaints were received or initiated by the Inspectorate of Government including 42 investigations that arose from audit reports. A total of 730 investigations and verifications were completed while 183 complaints were processed and later referred to other Institutions.

The table below shows the workload during the period January – June 2013.Table I: Workload during the period January – June 2013

Jan – June 2013Complaints brought forward (a) 4,895Investigations from Audit Reports (b) 42New complaints received/initiated (c) 1,363New verifications of leaders’ declarations (d) 8Total workload (e) = a + b + c + d 6308Investigated & completed (f) 712Verification concluded 18Referred to other Institutions (g) 183Rejected complaints (h) 13Total complaints concluded (i) = f + g + h 926Carried forward (j) = e – i 5,382

1.3.2 Corruption InvestigationsThe powers of the Inspectorate of Government to investigate or cause investigation, arrest or cause arrest, prosecute or cause prosecution in respect of cases involving corruption and abuse of authority are


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stipulated in Article 230 of the Constitution of the Republic of Uganda and Sec.14(5) of the Inspectorate of Government Act 2002.

Practices that are deemed by the law under the Anti-Corruption Act 2009 as corrupt include such acts as bribery, extortion, diversion of public resources, influence peddling, conflict of interest, abuse of office, loss of public property, sectarianism, nepotism, embezzlement, causing financial loss, false assumption of authority, fraudulent disposal of trust property, false accounting, false claims, uttering of false certificates by public officers and illicit enrichment.

Therefore, in the implementation of the Anti-Corruption function, the IG carries out investigations where commission of any offence under the Anti-Corruption Act or the Inspectorate of Government Act 2002 is alleged. Where the subject of an investigation is found to have committed a criminal offence, investigations may result in arrest and prosecution.

During the period January – June 2013, the Inspectorate received 856 corruption complaints which accounted for 62% of the total complaints that were received. The corruption complaints received during the current reporting period increased by 5% compared to the previous period (July – December 2012). A total of 386 investigations were completed during the reporting period while 408 investigations were completed during the previous period. This implies that performance in investigations of cases involving corruption reduced by 5%. 112 complaints were processed and referred to other institutions during the current period compared to 48 complaints that were referred to other institutions during the previous period.

1.3.4 Arrests and ProsecutionsDuring the period under review, forty (40) public officers were arrested for various corruption offences and charged in courts of law. IG prosecuted one hundred and forty five (145) cases, out of which one hundred and twenty eight (128) were carried forward from the previous period and seventeen (17) were new cases registered in courts of law during the reporting period. Fifteen (15) cases resulted into conviction, six (6) resulted in acquittals, three (3) cases were withdrawn, and one (1) case was dismissed. Ninety six (96) cases were on-going at first trial and twenty nine (29) cases were on appeal as of 30th June 2013. For

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details of cases IG prosecuted during the reporting period see Appendix C of this report.

1.3.5 Civil casesAs part of its mandate of fighting corruption and defending its actions, the Inspectorate of Government has been handling civil suits, including civil applications and constitutional petitions instituted against it in courts of Judicature. During the period under review IG handled twenty two (22) civil cases in courts of law. Seven (7) were concluded and fifteen (15) cases are still on-going. Two (2) of these are pending ruling, three (3) are yet to be fixed for hearing and taxation ruling is pending for the remaining two (2) cases. For details of civil cases, see Appendix D of this report.

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

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

1.3.6.1 Ombudsman InvestigationsDuring the period under review, the Inspectorate of Government received various complaints against public officers which included mismanagement of public funds and property, non-payment or delayed payment of salaries and other benefits, delay of service delivery, victimization/oppression, irregularities in procurement and award of contracts and tenders, property disputes and others such as employment disputes, unfair dismissal and inheritance disputes and administration of estates.

The Inspectorate of Government had a total of 1,897 ombudsman complaints. 501 of these were new complaints received during the period while 1,396 were complaints brought forward from the previous period. Out of 501 complaints received, 13 complaints were found


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to lack merit. 71 complaints were processed and referred to other institutions, while 326 complaints were investigated and completed and 1,487complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits. Shs.28,466,534 was paid out to complainants compared to the Shs.22,435,197 paid out in the last reporting period. During the period under review, the institution mostly complained about was the Ministry of Public Service. Many complaints relating to deletion from payroll and non-payment of pension and salary arrears were successfully handled and the complainants were paid. There was also a high increase in recruitment complaints but most were resolved.

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

The institutions to be studied are selected on the basis of information the Inspectorate of Government receives through public complaints, media reports, audit reports and periodic surveys.

During the period under review, the IG concentrated on one (1) major system study and two (2) case studies, details of which are found in chapter three of this report.

1.3.8 Enforcement of the Leadership Code of ConductThe Constitution of the Republic of Uganda and the Leadership Code Act, 2002 mandate the Inspectorate of Government to ensure that specified leaders declare their incomes, assets, and liabilities from time to time explaining how they acquired or incurred them respectively. The aim is to ensure that leaders adhere to a standard of behaviour that promotes integrity, transparency and accountability in their conduct of public affairs. The Code imposes penalties on the leaders who breach it.During the period under review a total of 18,664 leaders filled and

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submitted their declaration forms to IG. A total of 7,575 received forms were examined and acknowledgement slips were issued to the respective leaders. Income, assets and liabilities of eight (8) leaders were verified and a total of forty (40) properties were physically inspected, two (2) properties were valued and twenty four (24) bank accounts inspected. A total of eighteen (18) verifications and investigations were completed. Details of these are given in chapter four of this report.

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

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

1.3.10 Capacity Building through Training and International Cooperation

1.3.10.1 TrainingThe Inspectorate of Government is committed to strengthening and building capacity of its staff through training in order to equip them with knowledge, skills and attitudes to enhance their performance. During the reporting period, therefore, some IG staff attended training programmes which included the following; Citizen Participation and Accountability, Public Service Management, Optimizing Performance for Institutional Service Delivery, Advanced Software Technologies Specialized Programme on Internet Working Design and LAN/WAN Administration and Defensive Driving.


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

Table II: Summary of out comes of implemented recommendations during the period January – June 2012

Outcome Quantity

Money recommended for recovery as result of investigations (to be deposited on IG Recovery Account) 5,583,190,159

Money recovered as a result of investigations (On IG Recovery Account - Actual) 313,604,312

Money paid to complainants (under ombudsman function) 28,466,534

Public officers under prosecution by IG 145

Public officers arrested by the IG 40

Warned public officers 17

Officers who were advised 25

Cancelled appointment letters of public servants 5

Officers submitted to Commissions (e.g. DSC) for disciplinary action 30

Interdicted public officers 6

Dismissed officers 7

Re-advertised posts 3

1.4 Major Constraints and ChallengesDespite the continued support by Government and donors to strengthen the Institution, which is highly appreciated, the IG continues to face a number of constraints and challenges, most of which arise from inadequate funding. These constraints and challenges affect the IG’s effective implementation of its mandate of combating corruption,

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maladministration and enforcing the Leadership Code of Conduct.The challenges and constraints include; inadequacies in the existing legal framework, limited human and financial resources, negative societal attitudes and resistance to implementation of IG recommendations, court delays, poor record keeping and lack of computerized data in other institutions and high cost of renting office premises.

1.5 Future plans(a) Strengthen the capacity of the Regional offices.(b) Strengthen the capacity of IG investigation and prosecution staff. (c) Increased supervision, monitoring and anti-corruption campaigns.(d) Construction of Inspectorate of Government Head office.(e) Increased focus on prevention of corruption.(f) Emphasis on asset recovery.

1.6 RecommendationsIn the above section, the IG has identified a number of challenges and constraints which are limiting its capacity to effectively fight corruption in public offices and promote the rule of law. In order to overcome the constraints and fulfill its mandate, the following recommendations are hereby submitted to Parliament and Executive.

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

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

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

(iv) Government should provide funds for construction of the IG Head office. This would release rent money for operations and other requirements.

(v) Amend the law in order for IG to secure corporate status.(vi) All government institutions must cultivate a record keeping and

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

This is the 29th report of the IG to Parliament and the 5th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period January – June 2013.

1.2 FUNCTIONS OF THE INSPECTORATE OF GOVERNMENTThe functions of the Inspectorate of Government as spelt out in Article 225 of the Constitution of Uganda and Section 8(1) of the Inspectorate of Government Act 2002 include the following:(a) To promote and foster strict adherence to the rule of law and

principles of natural justice in administration;(b) To eliminate and foster the elimination of corruption, abuse of

authority and of public office;(c) To promote fair, efficient and good governance in public offices;(d) To supervise the enforcement of the Leadership Code of Conduct;(e) To investigate any act, omission, advice, decision or recommendation

by a public officer or any other authority to which the Article applies, taken, made, given or done in exercise of administrative functions; and

1Chapter

INTRODUCTION

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

1.3 GENERAL POWERS OF THE INSPECTORATE OF GOVERNMENTThe general powers of the Inspectorate are laid down in section 12 of the Inspectorate of Government Act as follows:(a) To authorize in writing any officer under its charge to conduct

an inquiry or investigation into an allegation of corruption, abuse of office and neglect of duty, and any other aspect that the Inspectorate is empowered to investigate;

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

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

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

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

1.4 SPECIAL POWERS OF THE INSPECTORATE OF GOVERNMENTThe Inspectorate of Government is granted special powers under Article 230 of the Constitution and Section 14(5) of the Inspectorate of Government Act 2002. These powers include the following:(a) To investigate any bank account, purchase account, share

account, expense account or any other account, or any safe or deposit box in a bank, or any transaction for the purposes of this Act.

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

(c) To make orders and give directions where necessary and


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appropriate in the course of its investigations or as a consequence of its findings;

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

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

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

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

1.6 STRATEGIC OBJECTIVES OF THE INSPECTORATE OFGOVERNMENT (2010 – 2014)Having launched the Inspectorate of Government Corporate and Development Plan (CADP) in December 2010, the Inspectorate set out to realize its mission with the following strategic objectives:(i) To investigate and prosecute corruption related cases;(ii) To enforce the Leadership Code of Conduct; (iii) To enhance and promote the rule of law and justice in public

offices;(iv) To inspect public institutions;(v) To carry out public awareness on the values of Constitutionalism

in general and the activities of the office through any media it considers appropriate;

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

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

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

1.7 ORGANIZATION OF THE INSPECTORATE OF GOVERNMENTArticle 223 of the Constitution provides for the Leadership of the Inspectorate of Government which comprises the Inspector General of Government (IGG) and two Deputy Inspectors General of Government (DIGGs). The Inspector General of Government and the Deputy Inspectors General of Government are appointed by the President with the approval of the Parliament of Uganda. The Secretary to the Inspectorate of Government is the Accounting Officer and is appointed by the President on the advice of the Public Service Commission.

The former D/IGG being congratulated by the SEC/IG after completion of his tenure in office. Looking on is the Inspector General of Government

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


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

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

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

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

Directorate of Leadership CodeThis is headed by a Director and is responsible for carrying out field operations, monitoring and enforcement of the Leadership Code of Conduct to ensure integrity, transparency and accountability among leaders specified under the Act. It ensures that all leaders declare their income, assets and liabilities and investigates allegations of breach of the Code.

Directorate of Regional Offices The Directorate is headed by a Director and its role is to ensure accountability and transparency in public offices through investigating mal-administration and unfair treatment, corruption and allegations

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of breach of Leadership Code by leaders in Local Governments. The Directorate is in charge of Regional Inspectorate Offices and operations, and improves efficiency in service delivery by taking the services of the Inspectorate nearer to the people.

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

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

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

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


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

No. Region Regional Office Geographical Coverage

1. Central

KampalaMpigi, Mityana, Mubende, Butambala and Wakiso.

MasakaMasaka, Kalangala, Sembabule, Rakai, Bukomansimbi, Kalungu, Lwengo and Lyantonde.

MukonoMukono, Kayunga, Nakaseke, Luwero, Buvuma, Nakasongola, and Buikwe.

2. Western

Fort PortalFort Portal, Kabarole, Bundibugyo, Ntoroko, Kamwenge, Kyenjojo, Kyegegwa and Kasese.

HoimaHoima, Kibaale, Kiboga, Buliisa, Masindi and Kiryandongo.

MbararaMbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mitooma, Kibingo, Nsika and Ntungamo.

Kabale Kabale, Kisoro, Kanungu and Rukungiri.

3. Eastern

JinjaJinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Luuka, Namutumba, Mayuge and Namayingo.

SorotiSoroti, Amuria, Kaberamaido, Katakwi, Bukedea, Ngora, Serere and Kumi.

MbaleMbale, Bukwo, Kapchorwa, Sironko, Bu-daka, Pallisa, Bulambuli, Kibuku and Kween.

TororoTororo, Busia, Butaleja, Manafwa and Bududa.

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4. Northern

AruaArua, Koboko, Zombo, Nebbi, Maracha and Terego.

GuluGulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Amuru.

MorotoMoroto, Abim, Nakapiripirit, Amudat, Kotido, Napak and Kaabong.

LiraLira, Apac, Oyam, Dokolo, Otuke, Aleptong, Kole and Amolatar.

Moyo Moyo, Adjumani and Yumbe.

The D/IGG (standing) addressing the Regional Inspectorate Officers


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

This Chapter, therefore, gives brief facts about investigations of corruption, arrests and prosecutions that were carried out during the reporting period.

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

2Chapter

IMPLEMENTATION OF THE

ANTI-CORRUPTION FUNCTION

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Table: IV Investigations carried out by the Inspectorate July – December

2012January – June

2013

Complaints brought forward (a) 4,487 4,895

Investigations from Audit Reports (b) 61 42

New complaints received/initiated (c) 1,352 1,363

New verifications of leaders’declarations (d)

7 8

Total workload (e) = a + b + c + d 5,907 6,308

Investigated & completed (f) 728 712

Verifications concluded 17 18

Referred to other Institutions (g) 256 183

Rejected complaints (h) 11 13

Total complaints concluded (i) = f + g + h

1,012 926

Carried forward (j) = e – i 4,895 5,382

As indicated in the table above, the Inspectorate had a total workload of 6,308 complaints during the current reporting period compared to 5,907 complaints which were handled during the previous period (July – December 2012). Out of 1,363 complaints that were received, 62 complaints were those received through the new SMS Reporting System that was launched in June 2013. The chart below shows a comparison of investigations that were handled during the previous reporting period and the current period.


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Figure 1: Graph showing general investigations by the Inspectorate

0

200

400

600

800

1000

1200

Investigated &completed

Referred toother agencies

ComplaintsRejected

TotalConcluded

July - Dec 2012

Jan - June 2013

The graph above shows that a total of 712 complaints were investigated and completed during the current reporting period compared to 728 complaints that were completed during the previous period. This shows that the performance of the IG, as far as general investigations are concerned, decreased compared to the previous period. This is attributed to a number of factors which include understaffing at the Regional offices which handle most of the complaints and limited funding that has curtailed the speed of investigations among others. However, a number of staff were recruited during the period and have been undergoing rigorous training and therefore, it is expected that going forward IG performance will improve.

A total of 856 corruption complaints which accounted for 62% of the total complaints were received. The corruption complaints received during the current reporting period increased by 5% compared to the previous period (July – December 2012) which was 810. A total of 386 corruption complaints were investigated and completed while 408 complaints were completed during the previous reporting period

Of the total number of new corruption complaints received by the Inspectorate, 721 (52%) were received at the Headquarters in Kampala while 642 (48%) were registered at the Regional Offices.

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

Table V: Corruption complaints investigated and completed during the Period January – June 2013

Nature of Complaint Number of complaints

%age of the all the complaints

Abuse of office 90 12.3%

Corruption 77 10.5%

Investigations arising from Audit Reports of Auditor General 35 4.8%

Bribery 30 4.1%

Forgery& uttering false documents 50 6.8%

Misappropriation of public resources 38 5.2%

Conflict of interest 16 2.2%

Embezzlement 29 4.0%

False Claims 11 1.5%

Extortion 9 1.2%

Nepotism 1 0.1%

Sub Total 386 52.9%

2.3 ARRESTS MADEThe IG has powers to arrest or cause arrests of people who investigations reveal to have engaged in corrupt practices and abuse of office or authority or who for no good reason refuse or ignore to respond to summons issued by the IG. During the period under review, fourty (40) public officers were arrested for various corruption offences and most of them are being prosecuted in the courts of law. For details see appendix B of this report.

2.4 PROSECUTIONS

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


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

During the period under review, the IG prosecuted one hundred forty five (145) cases, out of which one hundred and twenty eight (128) were carried forward from the previous period (i.e. on-going cases and pending appeals as at 31st December 2012) and seventeen (17) were new cases registered in courts of law during the reporting period. Fifteen (15) cases resulted into conviction, including five (5) appeals where convictions were upheld, six (6) resulted in acquittals, including two (2) appeals which resulted into acquittals, three cases (3) were withdrawn, and one (1) appeal case was dismissed and none abated. Ninety six (96) cases were on-going at first trial and twenty nine (29) cases were on appeal, as at 30th June 2013. For details of cases that were prosecuted by IG during the period under review, please see Appendix C of this report.

Figure 2: A graph showing the trend of arrests and prosecutions for theyears 2006 - 2012

12

31 26 24

70

120

72

44

60 6470

116

154

168

0

20

40

60

80

100

120

140

160

180

2006 2007 2008 2009 2010 2011 |2012

Arrests

Prosecutions

Linear (Prosecutions)

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

2.5 CIVIL CASESThrough execution and enforcement of its actions and or recommendations as per the investigations, the Inspectorate of Government in effect

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attracts challenging applications and constitutional petitions that seek for orders of certiorari, mandamus, prohibition, damages and interpretation of the law.

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

For the period under review, IG concluded seven (7) cases and fifteen (15) cases are still on-going out of which two (2) are pending a ruling, three (3) are yet to be fixed for a hearing and taxation ruling is pending in two (2) matters. For details of civil cases that were handled by IG in the reporting period, please see Appendix D of this report. The table, however, excludes cases where the IG due to lack of corporate status was substituted by Attorney General.

2.5.2 Challenges for Civil Litigation(i) Continuous adjournment by the opposite parties citing various

reasons.(ii) The absence of presiding persons to conduct hearing.(iii) Delay by the judges to write judgments/rulings.(iv) Legal confusion as to whether IG can handle Civil cases without

corporate status.(v) Lack of practical and continuous legal training in Civil Litigation

techniques.

2.5.3 RecommendationAmend the law in order for the IG to secure corporate status.

2.6 MONITORING AND INSPECTION OF GOVERNMENT PROJECTS

2.6.1 ENSURING TRANSPARENCY AND ACCOUNTABILITY IN NUSAF II PROJECTThe Lord’s Resistance Army (LRA) activities took a tremendous toll on the population and the economy of the northern region, making it the poorest region in Uganda. In order to alleviate the poverty in the region, a US Dollar 100 million - Northern Uganda Social Action Fund Project


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(NUSAF 1), funded by IDA as part of GOU broader Northern Uganda Reconstruction Programme was launched in February, 2003 and closed in March, 2009.

Although NUSAF I made a significant contribution to improvement of lives of people in the region, widespread poverty, vulnerability and service delivery challenges remained. NUSAF II was therefore formulated to further contribute to resolving some of the challenges that remained by building on the lessons learnt in NUSAF I.

One of the sub-components of NUSAF II is Transparency, Accountability and Anti-Corruption Programme (TAAC). This sub-component is aimed at ensuring transparency, accountability and putting in place anti-corruption measures in the implementation of the programme.

To ensure independence, TAAC is being implemented by the Inspectorate of Government in the areas where NUSAF is being implemented. It is expected to use both enforcement and preventive/proactive measures to ensure that the programme is not frustrated by corruption and other malpractices. A report compiled by the Joint Implementation Support Mission (JISM) rated the TAAC component very highly satisfactory in preventing maladministration and corruption in the implementation of the programme.

2.6.2 NUSAF II Inspection and MonitoringIn the period under review, NUSAF II funds and activities were monitored by IG staff in the districts of Bukwo, Kween, Serere, Ngora, Masindi, Kiryandongo, Gulu, Pader, Agago, Dokolo, Oyam, Apac, Lira, Nwoya, Kole, Nakapiripirit, Amudat, Budaka, Kibuku, Lamwo, Amuru, Buliisa and Soroti. Only Soroti and Kiryandongo reports are out and the others will be reported on in the next reporting period.

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A classroom constructed under NUSAF 2 in Lamwo District

A five stance pit latrine constructed under NUSAF 2 in Lamwo district


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NUSAF Inspection in Soroti districta) It was established that there is no proper record keeping and

filing at some sub-projects like Majengo Primary School Teachers’ House sub-project.

b) It was further established that there was lack of value for money and sustainability of public works sub-projects which are labour based.

c) Furthermore, at Amen A. Orphans and Elderly Goat Rearing sub-project, it was noticed that the Chairperson Community Project Management Committee (CPMC) who headed Community Project Management (CPC) was at the same time Secretary Social Accountability Committee (SAC). The explanation the Chairperson gave for this anomaly was that most of the beneficiaries were either illiterate or too old while some orphans were too young. NUSAF II guidelines do not permit members of SAC to be direct beneficiaries of the sub-project.

In view of the findings, it was recommended that:a) The NUSAF II Desk Officer (NDO) should ensure that proper record

keeping and filing is done at sub-project level.b) In order to ensure value for money and sustainability of public

works projects, it is advisable that in future such sub-projects by NUSAF II be redirected from being labour based to use of machinery.

c) At Amen A. Orphans and Elderly Goat Rearing sub-project where the Chairperson CPMC was at the same time Secretary SAC, beneficiaries were advised to elect any responsible village-mate to take over the assignment.

NUSAF Monitoring and Inspection in Kiryandongo DistrictThe monitoring of the NUSAF II Projects in Kiryandongo District was done and it was established that;(i) Kiryandongo district NUSAF II activities are carried out under the

Masindi District NUSAF Desk office. All funds meant for NUSAF II activities in Masindi and Kiryandongo districts for the period of May to September 2012 were released and disbursed to the beneficiary sub-projects.

(ii) A total of Shs.4,262,300,748/= was requisitioned by the Office of the Prime Minister for both Masindi and Kiryandongo Districts for

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115 sub-projects. Of this amount, a total of Shs.2,666,908,193/= was released to Masindi District Local Council NUSAF II accounts as the first tranche for financing the approved sub-projects.

(iii) Shs.1,554,657,806/= was disbursed to sub-projects in Masindi and Shs.592,066,530/= was meant for 21 sub-projects in Kiryandongo District. The money was directly transferred to the accounts of the beneficiary sub-projects.

(iv) Shs.516,115,457/= was not, however, disbursed to the beneficiary sub-projects due to failure to submit their bank accounts.

(v) Field visits also established that the implementation of NUSAF II activities in Kiryandongo District was in its initial stages.

In conclusion, there was nothing wrong found with the activities of NUSAF II in Kiryandongo district except that Shs.516,115,457/= was not disbursed to the respective sub-projects due to failure to submit bank accounts of the target sub-projects.

In view of the above, it was recommended that the CAO Masindi District Local Government ensures that the balance of Shs.516,115,457/= be disbursed to the beneficiary sub-projects’ bank accounts without any further delay.

2.6.3 NUSAF II INVESTIGATIONS2.6.3.1 Alleged irregular alteration of NUSAF II group membership by the

NUSAF II Desk Officer – Pader District Local GovernmentThe Inspectorate of Government received a complaint from members of Kiteny West Youth and Orphans Restocking Sub-project in Otong Parish that while their sub-project bearing all their names was approved by Ogom Sub-county, Pader District and the Office of the Prime Minister, the NUSAF II Desk Officer (NDO), of Pader District substituted their names with those of Ogom Parish upon which the District authorities intended to disburse the funds to those persons.

Investigations established that;(i) The list of beneficiaries under the sub-project was irregularly

altered by an intern under the supervision of the NDO-Pader District.

(ii) A closer scrutiny of Kiteny West Youth and Orphans Restocking Sub-project set up process shows that it was characterized by


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irregularities, lies and fraud because most of the fourteen (14) members of the original group did not qualify for the facility according to the NUSAF II Project Operational Manual.

On the basis of the findings it was recommended that the Chief Administrative Officer-Pader District Local Government should:(i) Ensure that the Shs.11,458,000/= released for funding Kiteny

West Youth and Orphans Restocking Sub-project is returned to the Office of the Prime Minister and is specially requested for to fund a properly constituted sub-project from Ogom Sub-county.

(ii) Warn the NUSAF II Desk Officer for flouting NUSAF II Project Guidelines.

(iii) Relieve the intern of any duties in the district for the dishonesty and lack of integrity he exhibited in handling the file for Kiteny West Youth and Orphans Restocking Sub-project.

2.6.3.2 Alleged irregular alteration of the membership of a NUSAF II Sub-project by authorities of Palabek Kal Sub-county

The Inspectorate of Government received information that two different sets of Sub-project groups claimed to be bonafide beneficiaries under the name of Alimotiko East Elderly Heifer Sub-project. The members of Alimotiko East Elderly Heifer Sub-project and Alimotiko East Youth Heifers Sub-project reported for training under NUSAF II.

Investigations established that;(i) There was no evidence of expression of interest by Alimotiko East

Elderly Heifer Sub-project as the distribution list for interest forms did not bear evidence of issue of any such form to any representative of the group.

(ii) The mother of an Extended Participatory Rural Appraisal (EPRA) facilitator who facilitated the formation of the group was irregularly added to the group. Alimotiko East Elderly Heifer Sub-project had three members from one family namely the Chairperson, her son and his wife. This is against NUSAF II guidelines which provide for one member of a family to be in a Sub-project group at any one time.

(iii) Alimotiko East Youth Heifers Sub-project was also irregularly formed as the Chairperson, with his mother and brother were members.

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In view of the findings, it was recommended that the CAO-Lamwo District Local Government should:a) Return Shs.11,935,000/= which had been approved for payment

to Alimotiko East Elderly Heifer Sub-project to the Office of the Prime Minister.

b) Take disciplinary action against the two EPRA facilitators for the dishonesty they exhibited during the formation of the groups.

2.6.3.3 Alleged irregular award of a NUSAF II contract by theHeadteacher Ongai Primary School – Nwoya District

(i) It was alleged that the Community Procurement Committee Project (CPC) of the NUSAF II Sub-project for the construction of a staff house at Ongai Primary School refused to forward their evaluation report to the Community Project Management Committee (CPMC) for the award of the contract.

(ii) It was further alleged that the CPC members had intentions of soliciting funds from the contractors, hence the delay.

(iii) Investigations revealed that the CPC of the Sub-project for the construction of a staff house at Ongai Primary School advertised the contract for the sub-project and in response bids were received from two contractors M/S Aswa Technical Services and M/S Tamber Construction Company Ltd. However, the bid submitted by Tamber Construction Company Ltd was in respect of construction works at Alelele Primary School and not Ongai Primary School as originally advertised, thus it was rejected.

(iv) The EPRA forced the Community Procurement Committee to irregularly receive and evaluate the bid from M/S Tamber Construction Company Ltd, despite the fact that the receipt of bids had been closed and bid opening had already taken place.

(v) It was, therefore, recommended that disciplinary action be taken against the EPRA facilitator for Alero Sub-county for the dishonest behavior he exhibited as a member of Sub-projects.

2.6.3.4 Audit Report on NUSAF II Project-TAAC/IG component(i) The report indicated lack of a project implementation manual

which was supposed to elaborate the roles and responsibilities of different actors under the Transparency, Accountability and Anti-corruption Programme.

(ii) It was further reported that some of the Districts took more than


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six months to account for 80% of the funds disbursed.(iii) The Audit report further revealed that DFID released a sum of US

$ 150,000 on 26th April 2012 to finance the project activities, but it remained unutilized.

(iv) Investigations revealed that a project implementation manual now exists and it is in the possession of the Coordinator NUSAF II Project.

(v) It was further revealed that the Inspectorate of Government between June 2012 and January 2013 intensified its monitoring and inspection activities which led to an improvement in accountability levels, from 48% to an average of 97.5%.

(vi) The Project Accountant explained that DFID Accounts were frozen due to the Principal Accounts Officer saga at the Office of the Prime Minister when funds had just reached the account. However, the funders had unfrozen the accounts and funds were being utilized.

2.6.3.5 Investigation into the alleged irregularities in the implementationOf NUSAF II Project in Agago DistrictThe Inspectorate of Government conducted investigations into alleged illegal meeting on NUSAF II project convened by someone without orders to do so at Agago District Local Government Headquarters. It was specifically alleged that:(i) The person is neither a civil servant nor a political leader in Agago

District.(ii) During the meeting, while responding to participants’ questions,

he had insinuated that sub-projects proposals from communities that do not work with him shall not access NUSAF II funds.

(iii) During the said illegal meeting, some participants complained that whereas other communities paid him Shs.3,000, he asked them to pay Shs.9,000 to assist them complete sub-projects interest forms/proposal documents.

(iv) He had a list of communities he claimed was given to him and was turning away those communities he claimed were not on that list.

(v) Favoured some sub-counties by giving them more slots than others.

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Investigations conducted into the matter established that:(i) Whereas the impostor is neither an appointed public servant nor

elected political leader in any capacity to serve in the district, he in consultation with the District Chairperson of Agago, mobilized the people in all the Sub-counties and Town Councils of Agago District Local Government to form a total of 236 groups, duping them that he would assist them to access funding of their projects under NUSAF II Project arrangements in contravention of Regulations governing this project’s implementation procedures. This was an irregularity that was committed by the impostor, but, in consultation and/or with the blessing of the District Chairperson who, in so doing overstepped his power/functions as stipulated in section 13 of the Local Government Act CAP 243.

(ii) The impostor had organized the irregular meetings and formed the 236 groups throughout Agago District exploiting the information gaps/vacuum emanating from the technical officers’ neglect of their duties to implement NUSAF II Project according to guidelines, contrary to sections 2.1.2(a) and (f) of NUSAF II Project Operations Manual 2010 and (F-s) 2(a) of the Uganda Public Service Standing Orders 2010.

(iii) However, it was neither confirmed that the impostor extorted money from the groups he formed, or he favoured certain sub-counties nor did he present himself as an official from the President’s Office as there was no documented evidence to prove these claims.

On the basis of the findings, it was recommended that:1. The Permanent Secretary, Office of the Prime Minister should

ensure timely follow-up of all monies disbursed in funding sub-projects in Agago district to ensure that all funded sub-projects comply with NUSAF II Project Operations Manual 2010.

2. The Permanent Secretary, Ministry of Local Government should advise the District Chairperson of Agago to desist from overstepping his powers/functions as outlined in section 13 of the Local Government Act CAP 243 in the implementation of government programmes in the district.

3. The CAO, Agago District Local Government should:(i) Warn the NUSAF II District Officer and all the Sub-county

Chiefs, Town Clerks and Community Development Officers in Agago District against neglecting their duties contrary to


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Standing Orders and Regulations.(ii) Advise the impostor to never again engage in implementing

any government activities without official appointment and/or authority from CAO’s office as this is tantamount to impersonating public officials contrary to Laws governing Uganda.

2.6.4 Introduction of Short Messages (SMS) Reporting System- Report2IG.

The Inspectorate introduced a new reporting system under NUSAF II which can also be used for reporting other corruption complaints. The public can now report suspected cases of corruption and abuse of office by mobile telephone. Citizens are able to send an SMS text message to report cases of corruption to the IG. This allows immediate reporting of grievances and will improve the IG’s ability to respond to these issues.

How does Report2IG work?Report2IG uses a short code 6009. This short code is the number to which all complaints or reports are sent to. It is TOLL FREE for all mobile networks. To use Report2IG, one must have access to a mobile phone with network access. With a mobile phone, one simply types “CORRUPT” which is the KEYWORD and sends an SMS to 6009

This system of reporting corruption complaints was launched in June 2013 by the Hon Minister of State for Ethics & Integrity and it generated 62 complaints within that month alone.

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The Inspector General of Government at the launch of SMS Reporting System in June 2013. 2nd R is the Minister of State for Ethics and Integrity.

Participants at the launch of SMS Reporting system in Arua Town


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3.0 INTRODUCTION

3.1 The Ombudsman function of the Inspectorate of Government is derived from Article 225(1) (a) (c) and (e) of the Uganda 1995 Constitution and Section 8 of the Inspectorate of Government Act, 2002. Both provisions outline the functions of the Inspectorate of Government as follows;(a) To promote and foster strict adherence to the rule of law and

principles of natural justice in administration.(b) To eliminate and foster the elimination of corruption, abuse of

authority and of public office.(c) To promote fair, efficient and good governance in public offices.(d) To investigate any act, omission, advice, decision or

recommendation by a public officer or any other authority to which this article applies, taken, made, given or done in exercise of administrative functions.

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

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

IG mainly handles ombudsman complaints such as:(i) Employment disputes e.g. irregular recruitments, unfair

dismissals, victimization and sexual harassment.(ii) Non-payment or delayed payment of salary, salary arrears, leave

allowances, pension, gratuity and terminal benefits and failure to access/deletion from the payroll.

3Chapter

IMPLEMENTATION OF THE

OMBUDSMAN FUNCTION

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(iii) Inheritance disputes and administration of estates disputes.(iv) Property disputes.(v) Abuse of office by public officials.

During the period under review, the institution most complained about was the Ministry of Public Service. Many complaints relating to deletion of names from payroll and non-payment of pension and salary arrears were successfully handled and the complainants were paid. There was also a high increase in recruitment complaints most of which were resolved. The Inspectorate had a total of 1,897 ombudsman complaints. 501 of these were new complaints received during the period while 1,396 were complaints brought forward from the previous period. Out of 501 complaints received, 13 complaints were found to lack merit. 71 complaints were processed and referred to other institutions, while 326 complaints were investigated and completed and 1,487 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits. Shs.28,466,534/= was paid out to complainants compared to the Shs.22,435,197/= paid out in the last reporting period..

Table VI: Ombudsman complaints investigated and completed during the Period January – June 2013

Nature of Complaint Number of complaints Percentage

Mismanagement 80 11.0%

Non payment of salaries & other benefits 61 8.4%

Tenders & Contracts 41 5.6%

Property Disputes 38 5.2%

Victimization/ Oppression 35 4.8%

Delay of service delivery 30 4.1%

others 41 5.6%

Sub Total 326 44.7%


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3.2 CHALLENGES IN IMPLEMENTATION OF OMBUDSMAN INVESTIGATIONS

a) Reluctance, delays and/or refusal by some Government Institutions to respond to IG inquiries greatly slows down IG’s work. Institutions that are notorious for this are Ministry of Defence, Lands office, Ministry of Education and Sports, Solicitor General’s office, Ministry of Public Service and Administrator General’s office.

b) External factors also impinged on the IG’s performance. For instance the nationwide payroll cleaning exercise that took place during the reporting period and investigations at the Ministry of Public Service greatly slowed down IG’s work as far as implementation of Ombudsman complaints is concerned.

3.3 RECOMMENDATIONS TO GOVERNMENT(i) Every government department should have an Inspectorate of

Government Liaison Officer for purposes of speeding up response to inquiries by the IG.

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

3.4 FUTURE PLANS(i) Engaging in early resolution of complaints as much as possible to

reduce on back log.(ii) Regular acquisition of all the relevant reference materials and new

updated laws.(iii) Continuous training of staff through formal training and

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

3.5 POLICY AND SYSTEMS STUDY3.5.1 Background

The 1995 Constitution of the Republic of Uganda and the Inspectorate of Government Act, 2002, empower the Inspectorate of Government to promote fair, efficient and good governance in public offices towards the main goal of attaining zero tolerance to corruption. Given that

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strengthening of institutions is a key anti-corruption measure, the Inspectorate of Government carries out system studies and systemic investigations into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identifying loopholes that may be conducive to corruption and maladministration and make recommendations for remedial measures. This is aimed at improving service delivery in identified Government Departments, Ministries, Government companies and Parastatals.

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

It should be noted that system studies typically expensive to conduct consquently during the period under review, the Inspectorate of Government concentrated on one (1) major system study and two (2) case studies which set a preliminary ground for initiating full system studies.

3.5.2 A system study into the alleged mismanagement and decline in immunization service delivery in UgandaThis policy and system study was as a result of a complaint received by the office alleging lack and shortage of immunization kits and logistics in the hospitals of the different districts of Uganda. Investigations and verifications were initiated in selected districts in the Central, Northern, Eastern, Southern and Western regions of Uganda. A draft report detailing the findings and recommendations is currently under review.

3.5.3 The case studies initiated include:-3.5.3.1 Alleged irregular recruitment of the Managing Director,

Uganda Printing and Publishing Corporation (UPPC)This case study was as a result of a complaint alleging segregation, sectarianism, nepotism and lack of transparency in the process of recruiting the Managing Director of UPPC.

It was established that the second best evaluated candidate had been


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recommended for appointment because the best evaluated candidate had asked for a high salary, more than what UPPC could afford to offer. This office, therefore, recommended that the job be offered to the best evaluated candidate and leave it to him to either accept or decline the terms and conditions of the job.

In the course of this investigation, it was established that UPPC had many other management, financial, human resources, administrative and procurement flaws that required systemic investigations. This was in addition to the various written complaints received by the office in that regard.

Consequently, the Inspectorate of Government intends to launch a system study into the management of Uganda Printing and Publishing Corporation (UPP).

3.5.3.2 Alleged loss of employment and salaryThe complainant in this case alleged that his name was unfairly deleted from the staff payroll which eventually led to the loss of his job. In the letter of complaint, IG was specifically requested to investigate the manner in which government health training institutions; particularly nursing schools are recruiting staff.

Investigations were carried out in one nursing school where it was established that the Governing Council handpicks employees/staff from the people known to them without formal recruitment. The rationale for handpicking personnel was said to be due to the long period that the concerned authority, the Education Service Commission takes to formally recruit and deploy staff to the needy schools. This explains why one finds only four (4) teaching staff on a payroll that is supposed to have twelve (12) staff as required on the organizational structure.

The Inspectorate of Government accordingly intends to carry out a system study into the process of recruiting staff and staffing levels in selected government nursing schools to establish whether the right recruitment procedures are followed and if so, why the staffing levels are very low.

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3.5.4 Challenges in carrying out Policy and Systems studies During the period under review, the challenges of lack of sufficient human, financial and material resources were encountered which hampered the completion of the planned studies.

3.5.5 Future PlansIG intends to complete the following on-going inquiries:a) A policy and system study into the management of Uganda Printing

and Publishing Corporation (UPPC).b) A policy and system study into the process of recruiting staff and

staffing levels in selected government nursing and paramedical schools.

c) Initiate a system study into the management of Mulago Hospital.d) Conduct dissemination workshops for the affected stakeholders

for eventual implementation of the relevant recommendations.e) Write concept papers to access funding from the development

partners to overcome the challenge of the limited resources.


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4.0 THE INSPECTORATE’S CONSTITUTIONAL MANDATE TO ENFORCE THE LEADERSHIP CODE OF CONDUCT

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

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

Section 37 of the Leadership Code Act, 2002 provides that the Inspectorate shall include in its Statutory Report to Parliament a report on its enforcement of the Code.

4.1 ACTIVITIES CARRIED OUT DURING THE PERIOD JANUARY – JUNE 2013

4.1.1 Management of leaders’ declarations of income, assets and liabilities forms(i) Section 37 of the Leadership Code Act, 2002 empowers the

Inspectorate of Government to receive and examine declarations submitted by leaders. During the period under review, 12,991 leaders who had not been issued with declaration forms were served.

4Chapter

ENFORCEMENT OF THE LEADERSHIP

CODE OF CONDUCT

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(ii) A total of 18,664 leaders filled and returned their declaration forms including those who had been served earlier and 7,575 received forms were examined and acknowledgement slips processed and issued to the respective leaders.

(iii) 27% of the total number of leaders expected to return their filled declaration forms have not yet done so and majority of these are UPDF officers.

(iv) IG will soon embark on identifying the leaders who have not yet declared their income, assets and liabilities and write to them to show cause why measures under the Leadership Code Act should not be taken against them.

4.1.2 Gifts declaration by leadersSection 10(1) of the Leadership Code Act, 2002 requires a leader to declare to the Inspector General of Government a gift or donation of a value of ten currency points or above received on any public or ceremonial occasion, or a commission on any transaction.

During the period under review, the following gifts were declared by leaders:(i) An in-calf heifer was declared by the Minister of State for Luwero

Triangle and she was advised to have it sold and the proceeds handed over to the Permanent Secretary, Office of the Prime Minister.

(ii) Two (2) Indian sari fabrics were also declared by the Executive Director of Kampala Capital City Authority who was advised to put them to personal use.

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

During the period under review, income, assets and liabilities of eight (8) leaders were verified and a total of fourty (40) properties were physically inspected, two (2) properties were valued and twenty four (24) bank accounts inspected.

A total of eighteen (18) verifications and investigations were completed.


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4.1.4 Outcome of verifications and investigations:

(i) In eight (8) cases, the leaders gave satisfactory explanations for their income, assets and liabilities.

(ii) Three (3) cases were recommended for prosecution.(iii) Two (2) recommendations were made for recovery of funds.(iv) In one case, a similar complaint had been previously handled by

the Soroti Regional Office and the leader prosecuted.(v) In two (2) cases the leaders had left the institutions where they

were working and one in particular had left the country. They could not be found for purposes of verification.

(vi) One case was referred to CID for further investigation.(vii) In one case the person being investigated was not a leader under

the Leadership Code Act, 2002 and his properties were acquired before the coming into force of the Anti Corruption Act, 2009.

(viii) A total of Shs.8,400,000/= was recovered as a result of IG investigations and a balance of Shs.28,128,822/= is still in the process of being recovered.

4.2 CONSTRAINTS ENCOUNTERED IN ENFORCING THE LEADERSHIP CODE OF CONDUCT(i) Lack of a Leadership Code Tribunal and the delayed amendment of

the Leadership Code Act, 2002 still remain a significant hindrance to the enforcement of the Leadership Code.

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

(iii) Delays in accessing information from government registries also delays the search process hence affecting timely completion of files.

(iv) High cost of conducting verification of assets particurally valuation of real estate.

4.3 FUTURE PLANS FOR THE PERIOD JULY TO DECEMBER 2013(i) Completion of at least fourty (40) cases of investigations of breach

of the Code and verification of leaders’ incomes, assets and liabilities.

(ii) Indentify the leaders among the 27% who have not yet declared

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their income, assets and liabilities and write to them to show cause why measures under the Leadership Code Act should not be taken against them.

(iii) Automation of the asset declaration process by introduction of online declaration form.

(iv) Process and issue declarations of income, assets and liabilities forms to the remaining 1,800 leaders that are to declare by March 2014.

(v) Receive and examine submitted declarations of income, assets and liabilities by leaders.

4.5 RECOMMENDATIONS TO GOVERNMENT(i) There is still need for the amendment of the Leadership Code Act

and the establishment of the Leadership Code Tribunal to enable full enforcement of the Code.

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

(iii) Provide funding for development of online asset declaration facility.


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5.0 INTRODUCTION

Under the 1995 Constitution, the Inspectorate of Government is mandated to sensitize and educate the public about the values of constitutionalism in general and the activities of the office in particular, through any media or any other means it considers appropriate. Hence the Inspectorate of Government Corporate and Development Plan (CADP) (2010-2014) recognizes the need to enhance the Inspectorate’s image and regional presence in more parts of the country to deliver services to grass root citizenry and to formulate partnership and collaborative efforts with various sections of the public in order to achieve its mandate of fighting corruption, abuse of office and administrative injustices. The public is, therefore, educated about their Constitutional right to access public services without having to pay bribes or any other extra costs and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and to report corrupt practices, mismanagement or abuse of public office to the Inspectorate of Government.

During the period under review, IG was able to carry out more sensitization activities than in the past, because of additional funding from NUSAF II and Peace Recovery and Development Plan (PRDP).

The following activities were carried out during the period under review:

5.1 PUBLIC AWARENESS PROGRAMMES AND SENSITIZATIONTen (10) workshops were carried out in various parts of the country. The purpose of these workshops was to educate and inform the various stakeholders about Government projects in terms of their goals

5Chapter

PREVENTIVE MEASURES

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and strategy of implementation so as to maximize value to intended beneficiaries. These workshops were under Peace Recovery and Development Plan (PRDP), NUSAF II and Data Tracking Mechanism (DTM) and were conducted in the districts of Masindi, Lira (2), Kitgum, Pader, Tororo, Mbale, Kapchorwa, Arua and Kampala.

Participants at a PRDP sensitization workshop in Masindi District

Participants at NUSAF2 sensitization workshop in Soroti District


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5.1.1 Public Awareness through electronic mediaA total of sixty six (66) radio programmes were carried out under the funding of DANIDA, NUSAF II and PRDP projects. These programmes were aired on the following radio stations across the country: Unity FM-Lira; Bunyoro Broadcasting Services-Masindi; Etop Radio-Soroti; Rock Mambo FM-Tororo; Open Gate FM-Mbale; Rupiny FM-Gulu; Voice of Hoima-Hoima; Voice of Lango-Lira; Kioga Veritas-Teso; Mega FM-Gulu; Radio Pacis-Arua; Trans Nile Broadcasting Services-Moyo; Arua One FM-Arua; Nenah FM-Moroto; Radio West-Mbarara; Voice of Toro-Fort Portal; Radio Simba-Kampala; Voice of Kigezi-Kabale, Buddu Broadcasting Service-Masaka and Voice of Bushenyi-Bushenyi District. Also a total of 960 spot messages were aired on the above radio stations. These spot messages were aimed at sensitizing the public about NUSAF II and PRDP areas on how to report corruption complaints.

5.2 INTEGRITY AMBASSADORS’ CLUBS ACTIVITIESA total of seventeen (17) Integrity Clubs were facilitated at; Makerere University, Mbarara University, Kampala International University-Western Campus, Katigondo National Major Seminary, Mutesa I Royal University-Masaka, Nkumba University, All Saints University Lango, Mountains of the Moon University, Uganda College of Commerce (UCC) Kichwamba, Kampala University, Mbuye Farm School-Rakai, Lira School of Midwifery and Comprehensive Nursing, Maryland School, Virika School of Nursing-Fort Portal, Masaka School of Comprehensive Nursing and Midwifery, Uganda Technical College-Lira and Mutesa I Royal University-Kakeka.

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Integrity Ambassadors of Mountains of the Moon University Fort Portal performing an anti-corruption drama

Integrity Ambassadors of Mountains of the Moon University singing an anti-corruption song


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The Director of Education and Prevention of Corruption (Right) handing over a trophy to the winners in an anti- corruption poem, music and drama contest at Mountain of the Moon University.

RIO Fort portal decorating Integrity Ambassadors with badges at a function in Fort Portal.

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Integrity Ambassadors of Mutesa I Royal University Masaka attending a seminar at the University campus

5.3 SENSITIZATION OF PUBLIC SERVANTSThis activity is dependent on invitations of IG from other institutions and a total of ten (10) training programmes for other public servants were carried out.

5.4 RECOMMENDATIONS FOR POLICY CONSIDERATION1. There is need to concentrate more on preventive approach as

opposed to reactive approach in the fight against corruption as has been clearly demonstrated in NUSAF II through the TAAC component. In the long run, this approach is cheaper and helps in reverting the decaying morals of our society. There is therefore need to increase funding in order to carry out more public awareness and sensitization programmes.

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


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6.1 INTRODUCTIONThe Inspectorate of Government is committed to strengthening and building capacity of its staff by organizing relevant training programs and study tours both at individual and group levels. IG further appreciates that the war against corruption and promotion of good governance requires cooperation, support and exchange of ideas with other relevant institutions both at the national and international levels. IG therefore, interacts with as many stakeholders as possible at both national and international levels. This is done by not only organizing meetings, workshops and conferences for selected stakeholders but by also attending and participating in those organized by other stakeholders. IG also interacts with other stakeholders through exchange of visits and study tours.

6.2 TRAINING AND INTERNATIONAL CO-OPERATION PROGRAMMES FOR THE PERIOD JANUARY – JUNE 2013

TABLE VII: LOCAL TRAINING PROGRAMMES

No. of Staff Course Duration Venue

Twenty one (21) Drivers

Defensive driving

4th – 10th January 2013

Uganda Driving Standards Agency

-Kampala.

Thirty one (31) IG Newly recruited

staff.

Orientation course

20th – 24th May 2013

Grand Imperial Hotel – Kampala.

6Chapter

CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL

COOPERATION

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Newly recruited staff (all standing) after an induction course. Seated (L-R) is Secretary to the Inspectorate of Government, D/IGG and DEP

Drivers attending training in defensive driving


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The Director of Education and Prevention of Corruption(Standing) making a presentation during the training of SAC Members (below)

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TABLE VIII: INTERNATIONAL TRAINING AND CO-OPERATION

No. of Staff Course/Purpose Duration Venue

One (1)

Attendance of the Citizen Participation and Accountability Course.

16th – 30th June 2013

Hague, Netherlands

One (1)

Attendance of the 5th International Association of Anti-Corruption Authorities (IAACA) seminar.

22nd – 24th June 2013 Jinan, China

One (1)

3rd Commonwealth Africa Regional Conference for Heads of Anti-Corruption Agencies.

11th – 18th May 2013 Mauritius

One (1)

SIDA’s International Training Programme on Public Service Management.

6th – 31st May 2013 Sweden

One (1)

Attendance of a programme of Ombudsman Deputies-Optimizing Performance for Institutional Excellence.

15th – 19th April 2013

London, United

Kingdom

One (1)

Attendance of two Technical Experts’ Workshops on Corruption in Africa.

15th – 18th April 2013

Gaborone, Botswana

One (1)

Attendance of Training Certificate Course in Advanced Software Technologies.

23rd March – 16th June 2013 Delhi, India

One (1)

Attending African Ombudsman and Mediators Association Executive Meeting.

18th – 22nd March 2013

Luanda, Angola

One (1)

Attending the Commissioning of the Commonwealth Anti-Corruption Centre.

23rd – 27th February 2013

Gaborone, Botswana

One (1)Preparation for Module 3 of UNODC Training (Delivery of Mock Trial Training)

24th – 28th February 2013 Dar es Salaam

One (1)

Specialized Programme on Internet working Design and LAN and WAN Administration (ITEC/SCAAP Programme)

7th January – 29th March

2013

New Delhi, India


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6.3 MEDIA RELATIONSIG conducted press conferences to address issues such as the Kyambogo University corruption investigations. IG was also contacted by various media houses to give more information on some of its activities. A case in point being the SMS reporting system launched in June in Arua. IG also published Newspaper supplements such as the one published on NRM day (25th January 2013) and members of the public continued to visit IG for information about the IG; its activities, request for IG intervention and bringing information to the IG.

6.4 COMMUNICATIONAn updated IG brochure was finalized. However, it will be printed this financial year. The Client Charter was also drafted and is in final stages of completion.

6.5 WEBSITE MANAGEMENTThe IG website is updated regularly. It is visited quite frequently. IG is in the process of reviewing the site’s layout. The IG Facebook and Twitter pages are also active and this is helping IG to monitor the activities of other users in relation to the work of the IG. Currently most of the users are requesting for information about investigations which IG responds to.

The IG website: www.igg.go.ug

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6.6 INTERNATIONAL RELATIONSThe IG hosted a delegation from from National Assembly of Namibia during the period. In addition, there were several meetings with different development partners and Embassies. These included; European Union, Deputy Danish Ambassador, German Embassy, World Bank, Department for International Development (DFID), German Implementation Agency (GIZ) and Democratic Governance Facility (DGF), among others. IG would like to acknowledge and appreciate the support given by DANIDA and World Bank.

6.7 CITIZEN ENGAGEMENT FRAMEWORKWith support from World Bank, the IG is in the process of developing a Citizen Engagement Framework to help the IG engage citizens better in the fight against corruption.


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7.1 INTRODUCTIONDespite the continued support by Government and development partners to strengthen the institution, which is highly appreciated, the IG continues to face several external challenges as well as operational problems, most of which arise from inadequate resources. This chapter highlights some of the challenges and constraints faced by the IG, makes recommendations and outlines the future plans of IG.

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

7.2.1 Inadequate Operational funds:The fund allocation to the Inspectorate of Government is not sufficient to meet all the operational requirements of the Directorates and the Regional Offices. At decentralized level, each regional office is provided with a minimum of Shs.5million per month to cater for among others travels, allowances for the investigators, payment of internet services, fuel, stationery, consumables. Given the numbers of cases recorded (over 100 per month, per regional office) and increasing cost of items, this allocation is not sufficient for effective operations. For the Regional office to effectively function, a minimum of Shs.10million is recommended. In addition to the above, the IG lacks funding for payment of 10% NSSF (500,000,000/=) and gratuity.

7.2.2 Inadequate staffing:Though the entire Inspectorate has inadequate staff at all levels, the problem is more pronounced at Regional Offices. Currently, each Regional Office has on average three technical officers to carry out investigations of corruption and ombudsman complaints, inspect development programmes, follow-up on the implementation of IG recommendations,

7Chapter

GENERAL CONSTRAINTS, CHALLENGES,

FUTURE PLANS AND RECOMMENDATIONS

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carry out surveillance, search and arrests. The insufficient staffing has resulted into high number of backlog of cases and sometimes delayed completion and issuing of reports.

7.2.3 High costs of renting office premisesThe IG is currently renting premises for both the Headquarters and Regional Offices. The IG incurs a cost of Shs.1.4 billion annually for rent for both Headquarters and Regional Offices. This cost is a significant percentage of the IG recurrent budget. In the FY 2013/14, IG allocated 1.5 billion for design of the Headquarters and Shs.52 billion is required for construction of the head office building.

7.2.4 Court delaysThe Appeals, constitutional petitions/references and Applications filed in both Constitutional and Supreme Court take long. Due to these delays, the IG is constrained in meeting the performance target of concluding at least 60 prosecutions per year.

7.2.5 Negative attitude towards investigationsThe entities being investigated and partner institutions are not providing IG with adequate support during investigations and prosecutions. Many institutions take long to respond to requested information, supportive documents and produce evidence. As a result it takes longer to investigate and prosecute cases. Such institutions include but not limited to; Uganda Registration Buruea, Uganda Lands Commission, Ministry of Defence, Lands Office, Solicitor General’s Office, Administrator General’s Office, Ministry of Education and Sports, Ministry of Public Service, UNEB and some Universities. Going forward, the Inspectorate will be more assertive in enforcing orders.

7.2.6 Resistance to implement IG recommendationsThe IG investigates and produces reports with recommendations for the affected entities to take appropriate action. However, some institutions have acted to the contrary or totally ignored implementing IG recommendations. The Inspectorate is increasingly deploying its enforcement tools to respond to the said resistance.


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7.2.7 Inadequate resources and capacity to carry out forensic and complex investigations

The face of corruption is ever changing in Uganda. Most corrupt public officials now use sophisticated approach to engage in corruption, fraud and other malpractices. With this changing approach there is need for continuous training and better equipment for the IG investigative and prosecution staff to be more effective. We are confident that with increased funding and partnership with sister institutions, this bottle neck will be addressed.

7.2.8 Poor documentation/Record Keeping in Ministries, Departments, Agencies and Local Governments

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

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

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

7.3.1 Expedite the establishment of Leadership Code Tribunal and amendment of the IG Act to grant the IG Corporate status

The IG can only effectively enforce the leadership code of conduct after a leadership tribunal has been setup. Though the leaders continue to declare their assets and liabilities as required by law, the absence of the Tribunal makes it difficult for IG to take appropriate actions against

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the leaders who either fail to declare, under declare or cannot provide adequate explanation for their wealth. The IG therefore requests the Executive and Parliament to expedite the process of establishing the Leadership Code Tribunal.

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

7.3.3 Appropriate additional funding for operation and other expensesThe Inspectorate of Government this financial year received the last allocation towards the salary enhancement. With full realization of the salary enhancement, the IG staff are expected to be motivated and diligently perform their duties. However, despite the full realization of the salary increment, the operations of the IG are still hampered by inadequate funding for operational expenses, procurement of vehicles and specialized equipment, payment of gratuity and 10% NSSF contributions. The IG recommends for at least a 15% increase in annual allocation to effectively operate.

7.3.4 Allocate Funding for Construction of the IG Head Office The IG commenced the process of constructing Head Office by acquiring land. During the FY 2013/14 the IG will procure a firm to design and later supervise construction works. While the processes have commenced, the source of funding for construction remains to be identified. The IG thus requests Parliament to lobby various partners (Government Donors) for funding to construct its head office.

7.3.5 Proper Urban PlanningThere should be proper urban planning. Roads should be properly marked and named and this should be captured in a computerized system and shared by relevant institutions.


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7.3.6 Improvement on record managementGovernment through its ministries, departments and agencies must cultivate a culture of record keeping and maintenance and provide its MDAs with necessary tools to ensure this is done. IG also recommends that officers who handle contract matters be trained in PPDA regulations.

7.4 FUTURE PLANS

7.4.1 Strengthen capacity of the Regional OfficesThis will be achieved through recruiting additional staff, procuring vehicles, office equipment and increasing allocation for operational expenses. The IG is targeting to have a minimum of five (5) technical officers, two (2) functional office vehicles and operational funds of at least Shs.8 million per Regional Office. With this intervention, service delivery at decentralized level is expected to progressively improve.

7.4.2 Strengthen capacity to effectively investigate and prosecuteIG will continue to collaborate with development partners, anti-corruption agencies, ombudsman and ethics institutions to provide tailor made trainings and exposure visits for the team of investigators and prosecutors. This intervention will focus on enhancing the capacity of the IG staff to efficiently and effectively investigate and prosecute cases.

7.4.3 Increased supervision, monitoring and Anti-corruption campaignsIn collaboration with the development partners and programme implementing agencies, the IG will monitor development initiative and sensitize the communities to report any misuse of resources. The IG will use Mass Media (Radio, TV, and SMSs), IEC materials, workshops and integrity clubs to carry out anti-corruption campaigns. This approach has contributed to improved service delivery under the NUSAF II project.

7.4.4 Construction of IG premises in KampalaIn the current FY the IG allocated funding towards design of the Head Office. The source of funding for construction has not been identified. However, the Inspectorate is consulting with Ministry of Finance, Planning and Economic Development to provide funding. The IG plans to construct the Head Office in phases to spread cost over a period of time.

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APPENDIX A

STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG ACTIVITIES FOR THE

PERIOD JANUARY – JUNE 2013

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During the period January – June 2013, the Inspectorate of Government had a workload of 6,308 investigations which is 7% up from the previous period (July – December 2012). A total of 4,895 complaints were brought forward from the previous period and 1,363 were new complaints (including 42 cases that were initiated as a result of reviewing audit reports from the Auditor General). Also during the period, the IG introduced SMS Reporting System through which 62 complaints were registered. The figure below illustrates how the workload was handled during the reporting period.

Figure 3: Work load January – June 2013

4,895 Complaints Brought Forward

1,363

New Complaints Received

183 (2.9%) Complaints

referred to other agencies 5,382 Complaints &

verifications

In progress- 85.3%

712 complaints and 18 verifications Investigated and

Completed - (11.6%)

926 (14.7%) Files

Concluded.

WORKLOAD = 6,308 INVESTIGATIONS

60 Audit Reports

reviewed resulting in 42investigations

13 (0.2%) Complaints Rejected

8 New verifications of leaders’ declarations

initiated


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Figure 4Categorization of Complaints Registered by Gender for the period January – June 2013

Male60%

Female9% Group

15%

Anonymous16%

The chart above illustrates that only a small fraction of the complaints (9%) were received from women. The majority of the complaints (60%) were received from men and those that came from groups of individuals were 15%. 16% 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 bigger percentage of the workforce in public service.

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Figure 5Comparison of Investigations for the Periods July – December 2012 and January – June 2013

0

1000

2000

3000

4000

5000

6000

Investigated Referred In Progress

728

256

4895

712

183

5382

stnialpmoc fo reb

muN

Action Taken

Jul - Dec 2012

Jan - Jun 2013

The diagram above shows that there was a slight drop in the total number of complaints which were investigated and completed from 728 complaints during the period July – December 2012 to712 during the period January – June 2013. The complaints that were processed and referred to other institutions also reduced from 256 to 183. On the other hand, the number of complaints carried forward increased from 4,895 to 5,382 as a result of fewer complaints that were concluded in addition to a higher number of complaints that were received compared to the previous period. The reduction in the complaints concluded during the current period could be attributed to staff transfers that affected the completion of investigations. Although new staff have been recruited, they are yet to settle in after undergoing orientation.


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Figure 6Comparison of the new complaints received and those that were investigated during the period January – June 2013

0

50

100

150

200

250

300

350

Jan-13 Feb-13 Mar-13 Apr-13 May-13 Jun-13

201

214191

223 230

304

132119

139

115 116109

Num

ber

of c

ompl

aint

s

Complaints Received Complaints Investigated

The figure above shows that the highest number of complaints was received in the month of June 2013 (304 complaints). This was due to the introduction of SMS Reporting System that was launched in June 2013. The highest number of complaints investigated & completed (139 complaints) was in the month of March 2013. The number of complaints investigated is much lower than the complaints received during the period and this leads to increase in the backlog. However, with adoption of the new case management system and training of staff, the speed of investigation completion is expected to improve.

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Table IXTrend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2001 – December 2012

Year Kampala HQs Regional Offices Total Complaints

2001 1566 1728 3294

2002 1347 2121 3468

2003 1328 2198 3526

2004 1060 1859 2919

2005 802 1341 2143

2006 659 903 1562

2007 946 1142 2088

2008 1023 751 1774

2009 781 785 1566

2010 941 1141 2082

2011 1135 1234 2369

2012 1210 1365 2575

Jan- Jun 2013 721 642 1363

As seen from the above table, the trend of complaints has not followed a particular pattern. The lowest number of complaints were registered in 2009 (1166) but since then there has been an upward trend of complaints registered especially those that are registered at Regional Offices.


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Table XTrend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2001 – December 2012

Period/Year Kampala HQs Regional Offices Total Complaints

2001 1112 1178 2,290

2002 787 1320 2,107

2003 806 1450 2,256

2004 543 994 1,537

2005 512 1312 1,824

2006 187 1287 1,474

2007 362 1681 2,043

2008 333 1056 1,389

2009 245 586 831

2010 320 866 1,186

2011 552 978 1,530

2012 618 961 1,579

The table above shows that, the Inspectorate of Government investigates and completes on average 1000 – 2000 complaints each year. The number of complaints investigated and completed were notably low in 2009 (831) due to the fact that during that time the institution did not have an IGG but since then the investigations completed have gradually increased despite the complex nature of complaints handled.

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Table XIComplaints received according to the districts for the period January – June 2013

S/No. District Number of Complaints Percentage

1 Kampala 316 23.2%

2 Gulu 46 3.4%

3 Arua 45 3.3%

4 Soroti 40 2.9%

5 Jinja 36 2.6%

6 Mbarara 36 2.6%

7 Kabarole 29 2.1%

8 Tororo 28 2.1%

9 Iganga 25 1.8%

10 Mukono 24 1.8%

11 Mbale 23 1.7%

12 Wakiso 22 1.6%

13 Bushenyi 21 1.5%

14 Kasese 21 1.5%

15 Hoima 20 1.5%

16 Lira 20 1.5%

17 Amuria 18 1.3%

18 Kabale 17 1.2%

19 Masindi 17 1.2%

20 Kyenjojo 15 1.1%

21 Alebtong 13 1.0%

22 Amuru 13 1.0%

23 Bundibugyo 13 1.0%

24 Mubende 13 1.0%

25 Kaberamaido 12 0.9%

26 Kiryandongo 12 0.9%

27 Luwero 12 0.9%

28 Manafwa 12 0.9%

29 Maracha 12 0.9%


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30 Bududa 11 0.8%

31 Bulambuli 11 0.8%

32 Kamuli 11 0.8%

33 Moyo 11 0.8%

34 Kapchorwa 10 0.7%

35 Kitgum 10 0.7%

36 Amolatar 9 0.7%

37 Bugiri 9 0.7%

38 Buliisa 9 0.7%

39 Katakwi 9 0.7%

40 Kiboga 9 0.7%

41 Sironko 9 0.7%

42 Buikwe 8 0.6%

43 Isingiro 8 0.6%

44 Kaabong 8 0.6%

45 Koboko 8 0.6%

46 Masaka 8 0.6%

47 Mityana 8 0.6%

48 Ntungamo 8 0.6%

49 Bukedea 7 0.5%

50 Busia 7 0.5%

51 Buyende 7 0.5%

52 Ibanda 7 0.5%

53 Kaliro 7 0.5%

54 Kamwenge 7 0.5%

55 Lamwo 7 0.5%

56 Luuka 7 0.5%

57 Mayuge 7 0.5%

58 Namutumba 7 0.5%

59 Rakai 7 0.5%

60 Zombo 7 0.5%

61 Abim 6 0.4%

62 Kibaale 6 0.4%

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63 Kole 6 0.4%

64 Nebbi 6 0.4%

65 Nwoya 6 0.4%

66 Oyam 6 0.4%

67 Agago 5 0.4%

68 Budaka 5 0.4%

69 Buhweju 5 0.4%

70 Dokolo 5 0.4%

71 Gomba 5 0.4%

72 Kayunga 5 0.4%

73 Kisoro 5 0.4%

74 Moroto 5 0.4%

75 Pader 5 0.4%

76 Rukungiri 5 0.4%

77 Kalangala 4 0.3%

78 Kanungu 4 0.3%

79 Kiruhura 4 0.3%

80 Kween 4 0.3%

81 Lwengo 4 0.3%

82 Mitoma 4 0.3%

83 Namayingo 4 0.3%

84 Serere 4 0.3%

85 Adjumani 3 0.2%

86 Apac 3 0.2%

87 Bukomansimbi 3 0.2%

88 Kumi 3 0.2%

89 Nakapiripirit 3 0.2%

90 Pallisa 3 0.2%

91 Sembabule 3 0.2%

92 Otuke 3 0.2%

93 Amudat 2 0.1%

94 Bukwo 2 0.1%

95 Buvuma 2 0.1%


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96 Kalungu 2 0.1%

97 Kotido 2 0.1%

98 Kyegegwa 2 0.1%

99 Lyantonde 2 0.1%

100 Mpigi 2 0.1%

101 Nakaseke 2 0.1%

102 Nakasongola 2 0.1%

103 Ngora 2 0.1%

104 Sheema 2 0.1%

105 Yumbe 2 0.1%

106 Butaleja 1 0.1%

107 Butambala 1 0.1%

108 Kibuku 1 0.1%

109 Kyankwanzi 1 0.1%

110 Napak 1 0.1%

111 Ntoroko 1 0.1%

Total 1363 100.0%

The table above shows that most of the complaints (23.2%) 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 districts with a high number of complaints during the reporting period are Gulu, Arua, Soroti, Jinja and Mbarara mainly because of easy accessibility as these districts host Regional Inspectorate offices.

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Table XIIThe Nature of complaints Investigated and completed during the period January – June 2013Nature of Complaint No. of complaints PercentageCorruption ComplaintsAbuse of office 90 12.3%Corruption 77 10.5%Forgery 50 6.8%Misappropriation 38 5.2%Audit Queries 35 4.8%Bribery 30 4.1%Embezzlement 29 4.0%Conflict of interest 16 2.2%False Claims 11 1.5%Extortion 9 1.2%Nepotism 1 0.1%Sub Total 386 52.9%Ombudsman ComplaintsMismanagement 80 11.0%Non payment of salaries & other benefits 61 8.4%Tenders & Contracts 41 5.6%Property Disputes 38 5.2%Victimization/ oppression 35 4.8%Delay of service delivery 30 4.1%others 41 5.6%Sub Total 326 44.7%Leadership code complaintsAmassing wealth 9 1.2%Failure to declare 9 1.2%Sub Total 18 2.5%Total 730 100.0%

As indicated in the table above, abuse of office/authority is the highest category of the complaints investigated by the Inspectorate of Government. During the period January – June 2013 it accounted for 12.3% of the total number of complaints investigated while during the previous period July – December 2012, it accounted for 13.31%.Of the ombudsman’s complaints, mismanagement of public affairs and nonpayment of salaries & other benefits and mismanagement comprised


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the majority of the complaints that were investigated and completed accounting for 11% and 8.4% respectively. Table XIIIDepartments/Institutions complained against during the period January – June 2013

S/No.

DEPARTMENT/ INSTITUTION

Number of ComplaintsKampala

HqtsRegional Offices

Total Complaints %age

1 Individuals (Public officials) 119 131 250 18.3%

2 District Administration 71 119 190 13.9%

3 Municipal & Town Councils 54 56 110 8.1%

4 Head Teachers (Primary & Secondary schools) 31 54 85 6.2%

5 Uganda Police 41 42 83 6.1%

6 District Service Commis-sions 28 36 64 4.7%

7 Ministry of Public Service 27 27 54 4.0%8 Judiciary 14 27 41 3.0%9 Sub-county Chiefs 12 26 38 2.8%10 Tertiary Institutions 28 6 34 2.5%

11 Private companies /Organizations 14 12 26 1.9%

12 Colleges/institutes 14 11 25 1.8%

13 NUSAF 6 19 25 1.8%

14 Hospitals & health centers 20 4 24 1.8%

15 Lands Office 15 8 23 1.7%

16 NAADS 14 5 19 1.4%

17 LCs 4 14 18 1.3%

18 UNRA 12 2 14 1.0%

19 Financial Institutions 9 4 13 0.9%

20 Ministry of Education 10 1 11 0.8%

21 Administrator General 10 0 10 0.7%

22 Land Board 6 4 10 0.7%

23 Contract committees 4 5 9 0.7%

24 DEOs 3 6 9 0.7%

25 KCCA 7 0 7 0.5%

26 Ministry of Health 7 0 7 0.5%

27 DPP 5 2 7 0.5%

28 Ministry of Water and Environment 6 1 7 0.5%

29 ISO & UPDF 2 4 6 0.4%30 Attorney General 6 0 6 0.4%

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31 District Engineers 3 2 5 0.4%

32 Ministry of Local Government 4 1 5 0.4%

33 NWSC 4 1 5 0.4%

34 RDCs 5 0 5 0.4%

35 NSSF 4 0 4 0.3%

36 NGOs 4 0 4 0.3%

37 MPs 4 0 4 0.3%

38 Public Service Commission 3 1 4 0.3%

39 Uganda Land Commission 2 2 4 0.3%

40 UETCL 4 0 4 0.3%

41 IG 3 0 3 0.2%

42 Ministry of Agriculture 3 0 3 0.2%

43 NEMA 1 2 3 0.2%

44 Parish chiefs 1 2 3 0.2%

45 UNEB 3 0 3 0.2%

46 Prisons 2 0 2 0.1%

47 Labour Office 2 0 2 0.1%

48 DPACB 2 0 2 0.1%

49 NHCC 2 0 2 0.1%

50 DGHS 1 1 2 0.1%

51 Education Service Commission 1 1 2 0.1%

52 Ministry of Energy 2 0 2 0.1%

53 NARO 2 0 2 0.1%

54 Resident State Attorneys 2 0 2 0.1%

55 National Medical Stores 2 0 2 0.1%

56 Fisheries Department 2 0 2 0.1%

57 UMEME 2 0 2 0.1%

58 Ministry of finance 2 0 2 0.1%

59 UNBS 2 0 2 0.1%

60 UWA 2 0 2 0.1%

61 DEI 2 0 2 0.1%

62 Ministry of Information 2 0 2 0.1%

63 Inspector of Schools 2 0 2 0.1%

64 Ministry of Works 1 0 1 0.1%

65 PMO 1 0 1 0.1%

66 Electoral Commission 1 0 1 0.1%

67 CAA 1 0 1 0.1%


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68 NFA 1 0 1 0.1%

69 Ministry of Gender 1 0 1 0.1%

70 JCRC 1 0 1 0.1%

71 National Council of Sports 1 0 1 0.1%

72 Uganda AIDS Commission 1 0 1 0.1%

73 UBC 1 0 1 0.1%

74 Health Service Commission 1 0 1 0.1%

75 Ministry of Internal Affairs 1 0 1 0.1%

76 Ministry of Tourism 1 0 1 0.1%

77 UPPC 1 0 1 0.1%

78 Cooperatives 1 0 1 0.1%

79 Parliamentary Commission 1 0 1 0.1%

Total 721 642 1363 100.0%

The table above indicates that most complaints received by the Inspectorate of Government during the period January – June 2013 were those against individual public officials amounting to 18.30% of the total complaints received. These were public officials who were alleged to have used their offices for private gain. The nature of complaints mostly registered in this category includes; abuse of office, conflict of interest, forgery and uttering false documents.

The second highest number of complaints were those against the District Administrators which accounted for 13.9% of the total complaints. The common nature of complaints against district Administrators were Mismanagement and Misappropriation of public funds/resources, Abuse of office, Embezzlement and Mishandling of tenders and contracts.

The 3rd ranked category was that of Municipal Councils/Town Councils accounting for 8.1% of the total complaints received. The nature of complaints in this category included mishandling of tenders/contracts, conflict of interest, abuse of office, embezzlement and property disputes. Most complaints in this category were registered at the regional offices.

Complaints against head teachers (both primary & secondary schools) were the 4th highest accounting for 6.2% of the total complaints received. Most complaints against school administration involved mismanagement, nonpayment of employees, victimization/oppression and general

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misconduct.

Table XIVThe top Departments/Institutions complained against for the last 7 years (2006- December 2012)

DEPARTMENT/ INSTITUTION 2006 2007 2008 2009 2010 2011 2012 Total

District Administration 305 355 273 299 388 410 419 2,449

Individuals (Public officials) 234 187 205 192 254 280 388 1,740

Municipal & Town Councils 81 154 131 114 217 211 237 1,145

Police 143 184 130 119 116 162 173 1,027

Schools (Primary & Secondary ) 108 262 120 107 126 125 150 998

District Service Commissions 64 51 121 78 60 90 112 576

Local Councils 57 101 106 68 61 82 74 549

Judiciary 23 42 76 55 86 65 85 432

Ministry of Public Service 49 77 50 27 44 51 71 369

Sub county Chiefs 32 55 54 40 65 61 56 363

Lands Office 17 55 41 40 56 60 55 324

Private companies /Organizations

51 33 35 33 48 74 50 324

Universities 29 27 13 29 27 38 47 210

KCCA 15 31 25 24 30 21 30 176

Colleges/institutes 11 11 13 16 31 36 40 158


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Figure 7Functions of the Inspectorate of Government by Directorates

DOP

DEP

DLA

DLC

DRO

-Corruption Investigations icentral Government Institutions -Arrests -Monitoring & Inspection of Projects

-Public Awareness -Production of reports to Parliament & other Publications -Organize training of sta in various skills

-Prosecutions - Civil litigation - Supporting Investigations

-Leadership Code Enforcement -Investigations/ verification of declarations

-Coordination of Regional offices -Investigations local Governments

- Ombudsman Investigations - Policy& Systems study

DOA

Key:DOP – Directorate of OperationsDEP – Directorate of Education and Prevention of CorruptionDLA - Directorate of Legal AffairsDRO – Directorate of Regional OfficesDLC – Directorate of Leadership CodeDOA- Directorate of Ombudsman Affairs

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Figure 8

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

Preparation and submission of reports


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Figure 9

Function 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

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APPENDIX B

ARRESTS

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TABLE XV: ARRESTS EFFECTED BETWEEN JANUARY – JUNE 2013

S/N REFERENCE TITLE OF SUSPECT OFFENCE(S)

1 TOR/5/4/2011Owora Richard, Acting Sub-County Chief, Kirewa Sub-County, Tororo District.

Personation

2 SRT/15/06/2012AtaiHellen Doreen, Chief Finance Officer, Amuria District Local Government.

Embezzlement and causing financial loss.

3 SRT/15/06/2012Alioka Richard, D/CAO, Nakaseke District Local Government.

Embezzlement and causing financial loss.

4 MKN/03/08/2011Lwanga Joseph, Senior Accounts Assistant, Mukono District Local Government.

Embezzlement

5 HQT/01/02/2013No. 32153 D/CPL Ongwala Samuel, Police Officer attached to CPS, Kampala.

Corruptly soliciting for and receiving a gratification.

6 HQT/85/07/2011Loluk Fidelis Logwee, Town Clerk Kaabong Town Council, Kaabong District Local Government.

Abuse of office and Corruption.

7 HQT/85/07/2011

Narot Christine alias Ayoo, LC V Councilor Kathile Sub-County/Director Oliabong General Traders, Kaabong District Local Government.

Abuse of office and Corruption.

8 SRT/10/6/2012Alfred Malinga, Chief Administrative Officer, Amuria District Local Government.

Abuse of office and causing financial loss.

9 SRT/10/6/2012Dr. Eumu Silver, District Health Officer, Amuria District Local Government.


10 HQT/48/02/2013PC No. 37175 Odama Edison, Police Officer attached to CPS Kampala, Information Unit.

Personating an Offi-cer of IG.

11 HQT/48/02/2013 Lukubo Benson, Businessman.Personating an Offi-cer of IG.

12 HQT/48/02/2013Ms. Bukirwa Florence, Secretary for Environment LC II Bukasa Parish, Makindye Division.


13 HQT/48/02/2013Jackson Bbale, Secretary for Information, LC II, Bukasa Parish, Makindye Division.


14 ARU/01/07/2012RA 201755 Cpl. Ariko Patrick, CMI Officer attached to Lia Customs, Arua District.


15 ARU/01/03/2013 D/C Ezati Alfred, a Police Officer attached to Arua Police Station.



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16 HMA/03/11/2011Mugisa Tegras Kasaija, Senior Ac-counts Assistant, Bweyale Town Council.

Abuse of office, Em-bezzlement and caus-ing financial loss.

17 LIR/01/09/2011Okolli Richard, Chief Administrative Officer, Bundibugyo District.


18 KBL/01/04/2013Dr. Aharizira Moses, Medical Officer, Kabale Regional Referral Hospital.


19 TS/98/08Otim Andrew Kibwota, Secretary Con-tracts Committee, Pader District Local Government.

Abuse of office and forgery.

20 HQT/85/11/2012Prof. John Okedi, Chairman, Kyambo-go University Council.

Conflict of interest, Abuse of office and disobedience of IG orders.

21 HQT/85/11/2012Prof. John Opuda-Asibo, Deputy Vice Chancellor/Ag. Vice Chancellor, Kyambogo University.


22 HQT/85/11/2012Mr. Sam Akorimo, University Secre-tary, Kyambogo University.


23 HQT/85/11/2012Mr. Ham Mungyereza, Bursar Kyam-bogo University.


24 HQT/85/11/2012Mr. Wilfred Nahamya, Lecturer and member of Kyambogo University Council.


25 HQT/85/11/2012Mr. Daniel Ndawula, Lecturer and member of Kyambogo University Council.


26 HQT/85/11/2012Mrs. Christine Obonyo Kyayonka, Deputy Registrar (Admissions), Kyam-bogo University.


27 HQT/85/11/2012Jackson Betihamah, Chairman of Se-nior Administrative Staff Association, Kyambogo University.

Disobedience of IG orders.

28ACD-CSC No. 34/2013

Ms. Nalubega Sansa Mwajuma, Town Clerk, Byeyale Town Council, Kiryan-dongo District.


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29 SRT/10/05/2013IP Alingu James Wilson, Police Of-ficer attached to Kalaki Police Post, Kaberamaido District.


30 SRT/10/05/2013D/SGT Opolot James, Police Offi-cer attached to Kalaki Police Post, Kaberamaido District.


31 HQT/49/06/2010Francis Lulu Selle, former Headteach-er, Alere Secondary School, Adjumani District.

Abuse of office.

32 HQT/25/10/2011Ms. Diana Peace, student of Makerere University, Faculty of Social Sciences.

Diversion of funds.

33 FP/04/05/2013C/ASP James Muwanga, Police Officer and Regional Traffic Officer, Western Uganda.


34 FP/08/01/2012Gaffa Deo, Assistant Engineering Offi-cer, Bundibugyo Town Council.

Uttering false docu-ment.

35 HQT/100/9/2011Tumwine Gerald, Revenue collector, Bukasa Parish Council.

Embezzlement

36 LIR/CF/09/2010Enen Okello Richard, Ag. District Engineer, Lira District Local Govern-ment.

Causing financial loss and abuse of office.

37 LIR/CF/09/2010Adem Morris, Stores Assistant, Lira District Local Government.


38 HQT/54/10/2013Napoko Paulus Matembu, Examiner of Accounts, Manafwa District Local Government.

Uttering false docu-ment.


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APPENDIX C

PROSECUTION CASES

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TABLE XVISUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JANUARY– JUNE 2013

S/NNAME OF ACCUSED

COURT REFERENCE

NUMBEROFFENCE COMMITTED OUTCOME

1Agaba Simon, Fisheries Officer

ACD 34/2011Corruptly soliciting and receiving a bribe.

Convicted

2

Opolot Phillip &Obore George, Chairperson and Town Clerk, Mala-ba Town Council.

ACD 36/2010Abuse of office and causing financial loss.

Convicted

3

AdeaOuma, District LC V Chairperson for Busia District.

CSC 225/2011Corruptly soliciting and receiving a gratification.

Convicted

4James Owor, Primary School teacher.

TOR-CR-CO-0192/2012

Uttering false documents and giving false information.

Convicted

5

Isaac Kiirya, Sector Manager, National Forestry Authority (NFA), Masaka.

CSC 009/2012Corruptly soliciting for and receiving a gratifica-tion.

Convicted

6

D/AIP Oguta Bernard, Police Officer attached to Kumi CPS.

CSC 051/2012Corruptly soliciting for and receiving a gratifica-tion.

Convicted

7

Omadi John Rob-ert, Court Clerk, Kumi Magistrate’s Court.

CSC 026/20121/03/20124/05/2012

Corruptly soliciting for and receiving a gratifica-tion.

Convicted

8 Ezati Alfred CSC 30/2013Corruptly soliciting for and receiving a gratifica-tion.

Convicted

9

Bagarukayo Charles, Com-puter Supervisor, Ministry of Fi-nance.

ACD CSC 127/2010Embezzlement, Corrup-tion and false claim.

Acquitted

10

Wogabaga Stephen, Court Clerk, GR I Court, Sironko District.

ACD 83/2011Soliciting for and receiv-ing a gratification.

Acquitted


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11

Phillip Acellam, Senior Accounts Assistant, Gulu Municipal Coun-cil.

ACD CSC 204/2012Uttering false docu-ments.

Acquitted

12

Kabandize Daniel, Court Clerk, GR II Court, Kiruhura District.

ACD 055/2011Soliciting for and receiv-ing a gratification.

Convicted

13

Ssetuba K. Habib, teacher at Nkokonjeru P/S, Mubende District.

Uttering false docu-ments.

Convicted

14

Atuhairwe Flugence alias Nkwasibwe Nelson, teacher at Lunoni P/S, Rakai District.

ACD 44/2011Personating a public official.

Acquitted

15

Wagubi Aggrey, Assistant Admin-istrator General, Administrator General’s office.

ACD 099/2012Soliciting for and receiv-ing a gratification and abuse of office.

Withdrawn

16

Byarugaba Chris-topher, Procure-ment Officer, Ho-ima District Local Government.

ACD 130/2012Causing financial loss and neglect of duty.

Withdrawn

17

Banyenzaki Silva-no, Acting Court Clerk, Kiruhu-ra Magistrate’s Court.

00-ACD-CSC No. 42/2012

Corruptly soliciting for and receiving a gratifica-tion.

Withdrawn

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TABLE XVII: SUMMARY OF CRIMINAL APPEAL CASES CONCLUDED DURING THE PERIOD JANUARY – JUNE 2013

S/N NAME OF ACCUSED COURT

REFERENCE NUMBER

OFFENCE COMMITTED

OUTCOME

1 Obore George ACD-CSC 05/2013Abuse of office and causing financial loss.

Dismissed

2 Bagarukayo Charles ACD-CSCAbuse of office and causing financial loss.

Convicted on all counts on appeal.

3Ndifuna Moses, Magis-trate GR II, Mbarara

COA-CR-205-2009Corruptly soliciting for and receiving a bribe.

Conviction of the lower court upheld.

4Cheptuke Kaye David, Magistrate GR I, Kisoro.

COA-CR-205-2009Corruptly soliciting for and receiving a bribe.

Conviction of the High Court upheld by Court of Appeal.

5

Kabiito Robert, PAM, Ac-countant/Administrator, Ministry of Agriculture and Fisheries, Kampala

Appeal No. 019/2012

Corruptly solicit-ing and receiving a gratification.

High Court up-held the convic-tion of the lower court.

6Nandawula Lillian, State Attorney, Jinja

ACD 101/2011

Corruptly soliciting for and receiving gratification.

Acquittal of the lower court upheld.

7Lule Mathias, State Prosecutor, Kayunga (on appeal)

ACD-CSC 240/2011


Acquittal of the lower court upheld.


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TABLE XVIIION-GOING PROSECUTION/PENDING CASES BY THE END OF JUNE 2013

S/N NAME OF ACCUSEDCOURT

REFERENCE NUMBER

OFFENCE COMMITTED

1Bernard David Wambi Wandera, Ag. Director, East African Civil Aviation Academy, Soroti.

CR Case No. 114/2012

Causing financial loss, abuse of office and embezzlement.

2Rukundo Caleb, Magistrate Grade II, Mbarara Chief Magistrate’s Court.

Soliciting and receiv-ing gratification.

3Matega Aquino, Assistant Law Enforcement Officer, Masaka Municipal Council.

ACD 0098/2012Soliciting and receiv-ing gratification.

4Det AIP Bonyo Godfrey, Police Officer attached to Kazo Police Station, Kiruhura District.


5OsegeErias Emmanuel, Court Clerk, Kaberamaido Magistrate’s Court, Kaberamaido District.


6Onen George, Records Assistant, Am-uru Local Government.

ACD 109/2012Uttering forged doc-uments and giving false information.

7Eng. Kitutu Naboya Patrick, District Engineer, Manafwa District.

ACD 106/2012Causing financial loss.

8Joseph Walugembe, Executive Direc-tor, Uganda National Cultural Cen-tre.

ACD 131/2012Embezzlement, caus-ing financial loss and abuse of office.

9

Muganzi Joshua, Headteacher Karu-gutu S.S., Ntoroko District and Maduka Assimwe, Chairman Board of Governors, Karugutu S.S.

Soliciting and receiv-ing gratification.

10Okello Louis P’bur, head Civil Engi-neer, Amuru District.

Abuse of office and corruption.

11Nasembule George, Office Attendant, DPP’s office, Nsangi, Wakiso District.

ACD 0107/2012Soliciting and receiv-ing gratification and impersonation.

12Bamwira John Richard, former Finance Officer, Kampala Central Division, Kampala.

ACD 138/2011Embezzlement and false accounting by a Public Officer.

13Kafero Edward, Plumber with Nation-al Water and Sewerage Corporation, Kampala.

CSC 187/2011Embezzlement and abuse of office.

14Akankwasa Damian Former Execu-tive Director, NFA and others.

ACD 79/2011Causing financial loss and abuse of office.

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15Akankwasa Damian, former Execu-tive Director, NFA

ACD 69/2010 Illicit enrichment.

16Akankwasa Damian,former Executive Director, NFA.

ACD 70/ 2010Causing financial loss.

17Akankwasa Damian Former Execu-tive Director, NFA and others.

ACD 80/2010Causing financial loss and abuse of office.

18 Chanodia ACDSoliciting and receiv-ing gratification.

19Nestor Machumbi Gasasira, Princi-pal Accountant in Public Service of Uganda.

ACD-CSC-183/2010

Illicit enrichment

20Nabeta Tibiita Joseph, teacher, Kiya-gi Primary School, Mukono.

BUG –CR- 382-2006

Embezzlement

21

Gizibui Sam, Sub-county Chief, Bu-walasi Sub-county and Mataka Geof-frey, the Sub-Accountant, Sironko district.

MBA-32-CV-34-2008

Abuse of office, Caus-ing Financial loss, Embezzlement and false Accounting by a public officer.

22

Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Opolot Phillip, Town Clerk, Malaba Town Council and Samuel Baker Okallany, Deputy Town Clerk, Malaba Town Council.

CR. SC 211/2011

Abuse of Office, Caus-ing Financial Loss, Embezzlement

23

Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Opolot Phillip, Town Clerk, Malaba Town Council and Samuel Baker Okallany, Deputy Town Clerk, Malaba Town Council.

TOR-CR 106/07Abuse of Office, Caus-ing Financial Loss, Embezzlement

24Maliisa Ziphora, Principal Personnel Officer, Abim District.

ACD 06/2011Uttering forged docu-ments

25

Onzu Ismal& 3 others, CAO, Koboko, Banda Yasia, CFO, Koboko, Zainab Khemis, Accounts Assistant, Koboko, Bagarukayo Charles, Computer Su-pervisor, and Ministry of Finance.

ACD 727/2010

Embezzlement, Corruption and false claim.

26Kasiko Pelda, Senior Accounts Assis-tant, Jinja Municipal Council.

CR 066/2011Embezzlement, Caus-ing Financial loss and Abuse of office.

27Bakera Stephen, Officer in charge of salaries, Jinja Referral Hospital.

JNJ Cr 280/2008Causing Financial loss and Abuse of office.


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28Etukoit Phillip, Teacher, Dada Prima-ry School, Katakwi.

CSC ACD 24/2011

Causing financial loss and Abuse of office.

29Bufumbo Moses, Head teacher Nam-ulonge Primary School, Mpigi Dis-trict.

NK-CR- 71-2004

Causing financial loss, Abuse of office and making false claims.

30Atuhaire George, Senior Assistant Secretary, Directorate of Ethics and Integrity, Office of the President.

ACD 09/2011Embezzlement and Abuse of office.

31

Odoch Willy, Businessman/Supplier Agent of ODFA Holdings Ltd, Odongo Okino the Financial Controller the Northern Uganda Reconstruction Programme and Martin Gwokto, former Chief Administrative Officer, Arua District.

BUG- CR-792-1999

Abuse of office, Caus-ing financial loss, obtaining money by false pretence, forg-ery of documents and uttering false docu-ments.

32Captain Mike Mukula, former Minis-ter of State for Health.

ACD-CSC-557-2010

Causing Financial loss and Abuse of office.

33

Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary David Ssa-lango Kanakulya, Head of Finance, Sebunya Herbert, Internal Auditor, Suzan Wanume, Senior Assistant Electoral Officer and Aida Nankum-ba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission.

BUG-CR-1695-2001

Causing financial loss and Abuse of office.

34Mutesasira John Drink Water, Assis-tant Engineer, Bombo Town Council.

ACD-CSC-14/2011

Abuse of office, False Accounting by Public Officer.

35Christopher Odongo (four Files)Advisor RALNUCDANIDA

ACD 135/2010ACD 136/2010ACD 137/2010ACD 130/2010

Causing Financial loss and Embezzle-ment

36Mutesasira John Drink Water, Assis-tant Engineer Bombo Town Council.

ACD-CSC- 13/2011

Abuse of office, Em-bezzlement and False Accounting by Public Officer.

37Nulu Nantume, former Internal Audi-tor Bombo Town Council.

ACD 32/2011Causing Financial Loss and Abuse of office.

38D/CPL Ocan Odiya Gabriel, Police Officer, Lira Police Station.

ACD-CSC- 107/2011

Soliciting and receiv-ing a gratification.

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39Michael Kakonge, Overseer/ Fore-man of Jinja Municipal Council, Jinja Local Government.

CSC 103/2011Embezzlement and False Accounting.

40Wamuzibira DathanMunicipal Engineer, Jinja Municipal Council, Jinja District.

CSC 105/2011Embezzlement and False Accounting.

41Ocen George Albert, Town Clerk, Kit-gum Town Council.

CSC 116/2011 Abuse of office.

42David Bashakara, former Town Clerk, Jinja Municipal Council, Jinja Dis-trict Local Government.


43No. 23146 Cpl Rajah John Bosco, Po-lice Officer attached to Masaka Police Station.

129/2011Corruptly soliciting for and receiving a gratification.

44Ssemambo Stephen, Director of Gen-eral Construction and Maintenance Company Ltd, Kampala.

BUG. RD. 762/2011

False Statements by officials of companiesUttering false docu-ments.

45

Nsekanabo Margaret, No.20998 W/SGT, Police Officer attached to Kira Road Police Station Kampala Debo Beatrice, No. 24572 W/SGT, Police Officer attached to Kira Road Police Station Kampala


46Angel Monica Kabasumbi, Office Typ-ist/Secretary, Fort Portal Municipal Council.

FP CR.CA 634/2011

Uttering a false doc-ument, giving false information.

47

Odok Peter W’oceng, former Chair-person, Pader District Local Govern-ment. Etot Paul Peter, Managing Di-rector, M/s Rising Star Transporters Ltd. Otai Peter, formerly CAO, Pader.

CSC No. 197/2011

Causing financial loss,Abuse of office, Con-spiracy to defraud.

48Afaro Gilbert, a resident of Seme A, Buhasaba Parish, Buhehe Sub-County, Busia.

BUG. RD. CR. CA 1041/2011

Obtaining goods by falseUttering false docu-ments

49Irumba Mbabali Ancletus, Senior Town Engineer, Hoima Municipal Council.

CSC 207/2011Causing financial lossAbuse of office.

50Lt. Santos Okot Lapolo, RDC Kitgum District.

CSC 200/2011EmbezzlementAbuse of office


ent

85

51Karakire Stephen, Grade II Magis-trate, Lyantonde Magistrate’s Court.

CSC 217/2011 Corruptly soliciting and receiving a grati-fication.

52

No. 26948 D/CPL Tumusiime Daniel, Police Officer attached to Bushenyi Police Station and No. 26288 D/SGT Mujuni Julius, Police Officer attached to Bushenyi Police Station, Bushenyi District.

CSC. 223/2011Corruptly soliciting and receiving a grati-fication.

53 Saazi George, former Town Treasur-er, Njeru Town Council.

ACD-CSC-81/2012

Embezzlement, Abuse of office and false ac-counting by a public official.

54Kiyingi Henry, Sportsman/footballer, a Resident of Buyembe, Kavule in Mayuge District.

CR.CASE NO. 133/2011 Theft

55Kagoda Elijah, former LC V Kaliro District.

IGA-00-87/12

Obstruction of officers of the Inspectorate of Government and in-terruption of proceed-ings of Inspectorate of Government.

56

Tumusiime Timothy, Volunteer National Community Service Pro-gramme attached to Mbarara Magis-trate Court.

ACD/CSC/017/2012


57Bamulutira Edward, State Attorney Arua DPP’s Office.

CSC 0076/2012Corruptly soliciting for and receiving a gratification.

58

Byamukama Simon, Forest Ranger, Kyegegwa District Local Government & Ayesiga Sulaiman, Senior Accounts Assistant, Kyegegwa District Local Government.

ACD-CSC 12/2012FP/CC/04/06/11

Embezzlement, abuse of office and false ac-counting.

59Kiberu Tony, LCIII Chairman, Maddu Sub-County, Gomba District.

ACD-CSC 037/2012


60Kibege Moses, Office Attendant in DPP’s office, Mityana.

ACD-CSC 008/2012


61Ekungu Simon Peter, Sub-County Chief, Ngora Sub-County in Kumi District.

ACD CR CA 19/2011


62Juliet Owor, Nursing Assistant, Nya-malonge Health Centre, Tororo.

TOR Cr Case 193/2012


63Sagal Simon Lolim, former Vice Chairperson LC V, Nakapiripirit

HCT –ACD-CSC-0050/2012

Abuse of office.

Report to Parliam


86

64Kitsumbire Thembo, member District PAC, Kasese.

KAS-00-644/2012

Uttering false docu-ments

65 SsetubaHabib MBO-CO 633/12Uttering false docu-ments

66Oryem Simon Peter, LC III Chairper-son, Nwoya Town Council, Nwoya District.


67Musinguzi B. Levi, Ag. Town Clerk, Kamwenge Town Council and Anor

CSC 0025/2012Causing financial loss and Abuse of office

68Kalema Edward, Chairman, Nakawa Area Land Committee and 2 others.

CR 44/2012Neglect of duty and abuse of office.

69Apiimo Caroline alias Titin Helen, Woman Police Constable, Soroti Po-lice Station.

CR-CC-479/12Personating of a person named in a certificate.

70Awili Agnes, District Environment Officer, Abim District.

CR 0185/12Uttering false docu-ments

71

Ocaya George, Procurement Officer, Kitgum District Local GovernmentOola Eugene, District Planner, Kit-gum District.

KT-00-CO-746/2011


72

Onegi Obel, former Chairman Board of Directors NSSF, Leonard Mpuuma, former Managing Director, National Social Security Fund.

ACD-CSC-153-2010

Causing financial loss, Abuse of office and corruption.NB: Prosecution was stayed pending deter-mination of a con-stitutional reference which is yet to be heard by the Consti-tutional Court.

73Tumushangye Dismas, District Engi-neer.

Embezzlement and false accounting.

74

Ndigarasa Joseph alias Bakanga Muganyizi, former Headteacher of Kitaihuko Primary School, Kyenjojo District.

CR 531/12Personating a person named in a certificate.

75Anecho Stephen, Ag. Town Clerk, Nebbi Town Council.

Abuse of office

76Agadribo Milton, teacher, Kinyara Public Primary School.

CR 563/2012Uttering false docu-ments.

77Mugenyi Bernard, Office Administra-tor for FDC, Masaka Municipality, Masaka District.

Giving false informa-tion.

78 Isabirye Samuel CSC 180/2011Corruptly soliciting and receiving a grati-fication.


ent

87

79 Afaro Gilbert BUGReceiving money by false pretenses.

80 Owora Richard TOR-12/2013Uttering false docu-ments.

81Loluk Fidelos Logwe and Narrot Christine

ACD-18/2013

82 Professor Okedi and 7 others ACD-59/2013

83 Ariko Patrick ACD-029/2013

84Otim Andrew Kibwota, Secretary Contracts Committee, Pader District Local Government.

ACD-52/2013Forgery and Abuse of office.

85

Nalubega Sansa, Town Clerk, Bweyale Town Council and Tegras Mugisa, Treasurer, Bweyale Town Council.

ACD-017/2013Causing financial loss and Abuse of office.

86

Malinga Alfred, CAO Amuria, Atai Hellen, Chief Finance Officer, Amuria and Dr. Eumu Silver, District Health Officer.


87GafaDeo, Assistant Engineering Offi-cer, Bundibugyo Town Council.

FPT-01-CR-CO-0255-2013


88Okoli Richard, CAO Oyam District and Omara Hudson, Acting CFO


89Lulu Francis Selle, former Head-teacher of Allere Secondary School, Moyo District.

ACD-68/2013 Abuse of office.

90Atai Hellen Doreen, Chief Finance Officer, Amuria and Alioki Richard.

ACD-06/2013Abuse of office and Embezzlement.

91 Agadribo M. MSD-0563/12Uttering false docu-ments, making a false statement.

92 Bukirwa Florence ACD-025/2013Corruptly soliciting for gratification.

93 Lwanga Joseph ACD-11/2013 Embezzlement.

NB: Christopher Odongo has four cases (refer to 35 in table above)

Report to Parliam


88

TABLE XIX: CRIMINAL APPEALS BY THE END OF JUNE 2013

S/N NAME OF APPELLANT

NAME OF RESPONDENT

OUTCOME OF THE PREVIOUS TRIAL

COURT REFERENCE

NUMBER

OFFENCE COMMITTED

1 Bagarukayo Charles Uganda (IG) Convicted on all

counts on appeal.COA-CA-80/2013


2David Chandi JamwaMD NSSF

Uganda(IG)

Convicted by the Trial court, filled appeal in Court of Appeal.

Appeal No. 77/2011

Causing financial loss, abuse of office &embezzle-ment

3 Uganda Salwa Sadat Acquitted by trial Court.

HCT- GUL –CR App- 1/2012

Uttering false documents.

4

Bongomin Richard Akal, District Plan-ner, Pader

Uganda(IG)

Convicted by trial court, conviction upheld by High court, appellant filed an appeal in Court of appeal.

COA Criminal Appeal No. 96/2011

Embezzlement, Abuse of office, false account-ing, Forgery and Uttering false document.

5

Gashenyi John Wycliffe, Former Town Clerk Kiboga.

Uganda(IG)


COA-CR-APP-240-2010 Abuse of office.

6Ndifuna Mo-ses, Magistrate GII Mbarara

Uganda(IG) Conviction of the lower court upheld. SC-CRA-

Corruptly solicit-ing and receiving a bribe.

7 Uganda Lanyero EvelynAcquitted on appeal, made a further appeal.

HCT- GUL –CR App- 2/2012

Uttering of false document.

8

Cheptuke Kaye David, Magis-trate Grade I Kisoro

Uganda(IG) Convicted by the High Court. SC-CRA-

Corruptly solicit-ing and receiving a gratification.


ent

89

9

Margret Ko-busingye and Wanyana, Senior Econo-mist/Desk of-ficer in charge of the Water and Sanitation Sector with Ministry of Finance, A2 was a Senior Assistant Engi-neering Officer with Ministry of Works.

Uganda(IG)

Convicted by the Trial Court, ap-pealed to High Court.

COA-CR-30-2008 Abuse of office.

10

Chemisto A.M, Sammy Nelson, Swami Martin.

Uganda (IG) Convicted by the trial court.

COA-CSC- 205-2010

Abuse of office, causing financial loss.

11

M. Mwanja Charles District Pris-ons Command-er, Kasese.

Uganda(IG)

Convicted by the trial court, Appeal upheld by High Court. He filed a second appeal.

COA CR APPEAL No. 35/2012.


12

Achiga John Chaiga, Dis-trict Engineer, Moyo

Uganda(IG)


COA CRIM APPEAL No. 295/2010


13 Uganda Nahabo Asha

Convicted by trial court, acquitted by High Court, we filed a second appeal.

COA CRIM Appeal No. 4/2012

Uttering false documents.

14 Uganda Waidha Okuku Stephen and Another.

Acquitted by trial court, Convicted by High Court, Ac-cused filed second appeal.

HCT-00-ACD –CR SC021/2010

Soliciting and receiving a bribe.

15

Eng. Sen-tumbwe and Eng. Mugisha Shilling

Uganda(IG)

Application on whether prosecution of the case should continue was resolved in IGG’s favour.

COA- CA- 32-2005

Corruption, Abuse of office and Conspiracy to defeat justice.

16 Uganda Eng. Wanjusi Fabian, District

Acquitted by trial court. CR-481-2006

Causing financial loss and convict-ed for Abuse of office.

17 Uganda

Eng. P.K. Waiswa, District Engineer, Iganga District

Acquitted by trial court CR-482-2006


18

Turyamwesiga-Vanance, Dis-trict Engineer, Kabale Local Government.

Uganda(IG) Convicted by trial court

CR-APP-494-2006

Causing financial loss and convict-ed for abuse of office.

Report to Parliam


90

19 Okello and others – Uganda(IG) Convicted by trial

courtHCT-ACD- 008-2010

Embezzlement, causing financial loss and abuse of office.

20

Stanley Mug-enyi, Principal Staff Survey-or, Mbarara District Land Office

Uganda(IG)

Convicted by trial court, conviction upheld by High court, appellant filed an appeal in Court of Appeal.

CR-076-2009

Abuse of office and corruptly soliciting and receiving a grati-fication.

21

Sabila Herbert former MP, Tingey, Sammy Nelson, Trea-surer Kapchor-wa, Chelimo Nathan

Uganda(IG)Convicted by High Court, he appealed to Court of Appeal.

COA Appeal No. 22/2010

Corruptly offer-ing a bribe to an IG officer.

22

Inziku Paul, Aderubo Vincent, Toko Aleni, former Town Clerk, Arua, former CFO and For-mer Accounts Assistant respectively.

Uganda

High Court upheld the conviction by lower court, they appealed to Court of Appeal.

ACD App. 31/2011

Embezzlement, Causing financial loss, Abuse of office

23

Inziku Paul, Aderubo Vincent, Toko Aleni, former Town Clerk, Arua, former CFO and for-mer Accounts Assistant respectively.

Uganda

High Court upheld the conviction by lower court, they appealed to Court of Appeal.

ACD App. 32/2011

Embezzlement,Causing financial loss, Abuse of office

24 UgandaEdward Katen-de and Wasswa Peter

Acquitted by lower court, state ap-pealed.

Cr Appeal No. 12/12

Conspiracy to defraud, Abuse of office, forgery, uttering a false document.

25 Opolot John-son and Ojono Uganda (IG)

Conviction of lower court upheld, Opo-lot filed a second Appeal.

COA-CR. Appe-al 89/2012

Causing financial loss, Abuse of office.

26 Ojono Charles Uganda (IG)

Conviction of lower court upheld, Opo-lot filed a second appeal.

COA-CR AppealNo. 90/2012


25

Adimo Ala-ba Mark, Head Teacher Kabong S.S.S.

Uganda (IG)

Acquittal of lower court overturned and convict-ed by the High Court. He filed a second appeal.

COA-29/12Embezzlement and Abuse of Office.


ent

91

28

Ampumwize Nad, District Planner, Ka-bale

Uganda (IG)

Conviction of low-er court upheld by High Court, he filed a second ap-peal.

Causing Finan-cial loss, false accounting and embezzlement.

29 Uganda

Rose Ochom, for-mer CAO Kumi, Johnson Opolot, former Assistant CAO, Charles Okalebo, former Principal Ac-counts Assistant, Amos Stanley Omongo, former Internal Auditor.

Acquittal by the lower court over-turned. Ojambo filed another appeal.

HCT-CR App 6/2012


Report to Parliam


92


ent

93

APPENDIX D

LITIGATION CASES

Report to Parliam


94

TABLE XX: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JANUARY – JUNE 2013

NO. CASE REF.NO. NAME OF THE PARTIES CAUSE OF ACTION

1 Civil Appeal No. 98/2010

IG -Vs- Nestor Ma-chumbi Gasasira

Appeal withdrawn by IGG, the issue of costs pending.

2Miscellaneous cause No. 150/2011

Luwero Town Council –Vs- Attorney General.

Orders of certiorari are sought to quash the IG report – yet to be fixed.


Hajji Mohammed Bas-wari Kezaala –Vs- IG, Jinja Municipal Coun-cil and Electoral Com-mission.

Bill of costs pending taxation.


Specioza Namakula –Vs- IG

Applicant challenges the respon-dent’s directive to advertise her post and have her interdicted. Yet to be fixed.

5 Civil Suit No. 41/2011

Kaboodha Mtwalib –Vs- IG Plaintiff seeks a reward as an informer.


Kaboodha Mtwalib –Vs- IG

Plaintiff wants to be declared an in-former and seeks general damages in defamation.

7 Civil suit No. 1245/2013

Ankunda Sheila –Vs- IG and Attorney Gen-eral.

Plaintiff seeks logbook for vehicle and special damages.

8 HCCS No. 060/2011

Bukenya & others –Vs- Kiboga Local Govern-ment.

Plaintiff sued Local Government for recommendation of IG. Yet to be fixed.


Nassolo Asiat –Vs- Ssembabule District Local Government and IG.

Plaintiff challenges unlawful dis-missal upon recommendation of IG.


Godfrey Lwasa –Vs- the Inspectorate of Govern-ment.

Plaintiff seeks a reward against IG. Matter pending a ruling.


Katamba Fred – Vs- IG and Attorney General. Taxation Appeal.


Hajji Edirisa Mutaasa and 4 others –Vs- IG.

Appellants challenging ruling of High Court.


IG – Vs- Blessed Con-structors Ltd.

Execution proceedings over awarded costs to the respondent.

14Miscellaneous Application No. 07/2009

Eng. Thomas Mulondo –Vs- IG, Kayunga Dis-trict Local Government and Electoral Commis-sion.



Honey Pot Enterprises and Transport Co. Ltd –Vs- IG



ent

95

TABLE XXI: CONCLUDED CIVIL CASES

NO. CASE REF. NO. NAME OF THE PARTIES CAUSE OF ACTION


Dr. Balunywa –Vs – IG. Report quashed with no order as to costs.


Pradip Nandal Karia – Vs- IG and Attorney General. Report quashed with costs.


Paul Kihika –Vs- IG and Attorney General.

Application dismissed with costs to IG.


Wakiso Transporters and 4 others –Vs- IG.

The Application was dismissed with costs to IG.


M/s Honey Pot Enterpris-es and Transport Co. Ltd –Vs- IG.

Application seeking special damag-es of 600 million from IG dismissed and costs awarded to IG.

6 HCC No. 45/2011Yasin Auto Parts –Vs- Jin-ja District Land Board and IG.

Case withdrawn, each party was to bare his costs.


Richard Masaba –Vs- IG and Attorney General.

Pending execution and recovery of costs awarded to IG.

Report to Parliam


96


ent

97

APPENDIX E

LETTERS OF APPRECIATION

Report to Parliam


98


ent

99

Report to Parliam


100


ent

101

Report to Parliam


102


ent

103

Report to Parliam


104


ent

105

Report to Parliam


106


ent

107

Report to Parliam


108


ent

109

Report to Parliam


110


ent

111

Report to Parliam


112


ent

113

Report to Parliam


114

INSPECTORATE OF GOVERNMENT

Jubilee Insurance CentrePlot 14, Parliament Avenue, P.O.Box 1682, Kampala - Uganda

Tel: 0414 344 219/259 738 General Line 0414 347 387/6 HotlineFax: 0414 344 810 Web: www.igg.go.ug

MISSION OF THE INSPECTORATE

OF GOVERNMENT

To Promote Good Governance through enhancing Accountability, Transparency; and Enforement of the Rule of Law and Administrative Justice in Public Offices

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