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INSPECTORATE OF GOVERNMENT
JANUARY-JUNE 2015
REPORT TO PARLIAMENT
The Republic of Uganda
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INSPECTORATE OF GOVERNMENT
JANUARY-JUNE 2015
REPORT TO PARLIAMENT
The Republic of Uganda
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INSPECTORATE OF GOVERNMENTHEAD OFFICE
Jubilee Insurance Centre Plot 14, Parliament Avenue. P. O. Box 1682 Kampala
Tel: +256-414 344 219 | +256-414 259 738(General lines) +256-414 255 892 | +256-414 251 462
(Hotline) +256-414 347 387 Fax: +256-414 344 810 | Website: www.igg.go.ug
Deputy Inspector General of Government Mr. George Nathan Bamugemereire Tel: +256 414 259780Email: [email protected]
Information and Internal Inspection Division Head: Mr. Stephen Kasirye Tel: +256 414 342113Email: [email protected]
Deputy Inspector General of GovernmentMs. Mariam WangadyaTel: +256 414 259709Email: [email protected]
Public and International Relations DivisionHead: Ms. Munira Ali BabloTel: +256 414 231530Email: [email protected]
Vision:“Good Governance with an Ethical and Corruption Free Society”
Mission:To Promote Good Governance through enhancing accountability, Transparency and the enforcement of the rule of law and administrative justice in public offices
Core Values:Integrity, ImpartialityProfessionalismGender Equality and Equity
OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENTInspector General of Government
Ms. Irene Mulyagonja KakoozaTel: +256 414 259 723 | Fax: +256 414 344 810 +256 414 257 590 | Email: [email protected]
Secretary to the Inspectorate of Government Mr. Bageya Waiswa Tel: +256 414 259788 Fax: +256 414 257590Email: [email protected]
Under Secretary Finance and Administration Ms. Glory AnanunTel: +256 414 230398Email: [email protected]
DEPARTMENT OF FINANCE AND ADMINISTRATION
DIRECTORATE OF OPERATIONS Director OperationsHajji Abon MuzamilTel: +256 414 346116 l Email: [email protected]
DIRECTORATE OF EDUCATION ANDPREVENTION OF CORRUPTIONDirector Education and Prevention of CorruptionMr. Jossy Jules RwereezaTel: +256 414 348613 Fax: +256 414 230389 l Email: [email protected]
DIRECTORATE OF OMBUDSMAN AFFAIRS Director Ombudsman AffairsMr. David Makumbi Tel: +256 414 251380 l Email: [email protected]
DIRECTORATE OF LEADERSHIP CODEDirector Leadership CodeMs. Annet Twiine KyokundaTel: +256 414 342133Fax: +256 414 230409 l Email: [email protected]
DIRECTORATE OF LEGAL AFFAIRS Ag. Director Legal AffairsMs. Sarah BirungiTel: +256 414 342135 / +256 414 343739Fax: +256 414 230399Email: [email protected]
DIRECTORATE OF REGIONAL OFFICESDirector Regional OfficesMr. Joram MageziTel: +256 414 346116 | Email: [email protected]
PROJECT MONITORING DIVISIONDirector Project MonitoringMr. James PenywiiTel: +256 414 347388 | Fax: +256 414 330400Email: [email protected]
DIRECTORATES
The Republic of Uganda
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Arua Regional OfficePlot 1Weather Head, Park Lane,P.O. Box 789, Arua.Tel: 0476-420317 Email: [email protected]
Fort Portal Regional OfficePlot 1A Mugurusi RoadP.O. Box 157, Fort Portal.Tel: 0483-423010/ 1,Email: [email protected]
Gulu Regional OfficePlot A1 Ogwok Ayaru RoadPece Division, Gulu MunicipalityP.O. Box 771, Gulu.Tel: 0471-432569Email: [email protected]
Hoima Regional Office17 Orphanage RoadP.O.Box 113, Hoima.Tel: 0465-440 260 Email: [email protected]
Jinja Regional OfficePlot 35 Rippon Gardens RoadP.O. Box 303,Jinja.Tel: 0433- 20160/ 0434-122688Email: [email protected]
Kabale Regional OfficeBabukika RoadP.O. Box 981, Kabale.Tel: 0486-422461/ 423 085Email: [email protected]
Kampala Regional OfficePlot 1645 Gyagenda RoadNtinda KiwatuleP.O. Box 1682,Kampala.Tel: 0414-580499Email: [email protected]
Lira Regional OfficePlot 4 Osman RoadP.O. Box 1, Lira.Direct Line: 0473-420099Email: [email protected]
Masaka Regional Office29/31 Victoria Road, National WaterBuildingP.O. Box 925, Masaka.Tel: 0481- 421 766Email: [email protected]
Mbale Regional OfficePlot No 20 Masaba RoadP.O.Box 24, Mbale.Tel: 0454-435029/ 35255Email: [email protected]
Mbarara Regional OfficePlot 17 Muti Drive, MbararaP.O. Box 1903, Mbarara.Tel: 0485-421068Email: [email protected]
Moroto Regional OfficePlot 3 Odeke RoadP.O. Box 104, Moroto.Tel: 0352-278373Email: [email protected]
Moyo Regional OfficeMoyo S.S RoadP.O. Box 192 Moyo.Tel: 0393 280 102Email: [email protected]
Mukono Regional OfficePlot 16 Paul Mukasa Road,Opposite Mukono District EC OfficesP.O. Box 901 Mukono.Tel: 0414 692042/3Email: [email protected]
Soroti Regional OfficePlot 73 Gweni RoadP.O. Box 346, Soroti.Tel: 04544-61584/61784Email: [email protected]
Tororo Regional OfficePlot 45 Kashnir RoadTororo MunicipalityP.O. Box 5, Tororo.Tel: 0454-445534/3Email: [email protected]
REGIONAL OFFICES
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Page Table of Contents .. .. .. .. .. .. .. .. .. iList of Figures .. .. .. .. .. .. .. .. .. iii List of Tables .. .. .. .. .. .. .. .. .. iv List of Appendices .. .. .. .. .. .. .. .. .. vAbbreviations & Acronyms .. .. .. .. .. .. .. viExecutive Summary .. .. .. .. .. .. .. .. x
CHAPTER ONE: INTRODUCTIONConstitutional Mandate .. .. .. .. .. .. .. 1 Functions of the Inspectorate of Government .. .. .. .. 1 General powers of the Inspectorate of Government .. .. .. 1 Special powers of the Inspectorate of Government .. .. .. 2 Jurisdiction and Independence of the Inspectorate of Government .. .. .. .. .. .. .. .. .. .. 2 Organization of the Inspectorate of Government .. .. .. .. 3 Regional Offices of the Inspectorate of Government .. .. .. 5
CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTIONIntroduction .. .. .. .. .. .. .. .. .. 7Investigations .. .. .. .. .. .. .. .. .. 9 Trend of complaints registered by Regional Offices and Recommendations .. .. .. .. .. .. .. .. 14Arrests made .. .. .. .. .. .. .. .. .. .. 15Prosecutions .. .. .. .. .. .. .. .. .. 15Civil cases .. .. .. .. .. .. .. .. .. .. 17
CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTIONIntroduction .. .. .. .. .. .. .. .. .. 18Ombudsman Complaints handled .. .. .. .. .. .. 18 Challenges in conducting Ombudsman investigations .. .. .. 19Future plans .. .. .. .. .. .. .. .. .. 19Specific recommendations to Government .. .. .. .. .. 19
TABLE OF CONTENTS
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CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODEIntroduction .. .. .. .. .. .. .. .. .. 20 Activities carried out during the reporting period .. .. .. .. 20Gifts declared by leaders .. .. .. .. .. .. .. 21 Constraints faced in enforcing the Leadership Code of Conduct .. .. .. .. .. .. .. .. 21 Recommendations to Government .. .. .. .. .. .. 22
CHAPTER FIVE: PREVENTIVE MEASURESIntroduction .. .. .. .. .. .. .. .. .. 23 Public Awareness Programmes .. .. .. .. .. .. 23Integrity Ambassadors Club activities .. .. .. .. .. 25Training/sensitization of Public Servants .. .. .. .. .. 28Media Relations .. .. .. .. .. .. .. .. .. 28Policy and Systemic Interventions .. .. .. .. .. .. 28Challenges in carrying out Policy & Systems studies .. .. .. 35Future plans .. .. .. .. .. .. .. .. .. 35Monitoring and Inspection of Government Projects .. .. .. 35Social Accountability and Community Monitoring .. .. .. 38
CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATIONTraining .. .. .. .. .. .. .. .. .. .. 40International Cooperation programmes .. .. .. .. .. 41 International Collaboration .. .. .. .. .. .. .. 42
CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONSChallenges and constraints .. .. .. .. .. .. .. .. 48 Recommendations .. .. .. .. .. .. .. .. 48Future Plans .. .. .. .. .. .. .. .. .. 49
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Figure 1 Functions of the Department of Finance and Administration 3Figure 2 Functions of the Directorates .. .. .. .. .. 3Figure 3 Functions of the Divisions .. .. .. .. .. .. 4Figure 4 How to make a complaint to the IG .. .. .. .. 4Figure 5 Graph showing investigations handled by the
Inspectorate of Government .. .. .. .. .. 10Figure 6 Graph showing the trend of arrests and prosecutions
for the period 2006 – 2014 .. .. .. .. .. 16Figure 7 Workload for the period January – June 2015 .. .. 51Figure 8 Categorization of Complaints Registered by Gender for
the period January – June 2015 .. .. .. .. 52Figure 9 Trend of complaints registered at the Headquarters and
Regional offices for the years2005-2014 .. .. .. 54 Figure 10 Trend of complaints investigated and completed by the
IG (2005-2014) .. .. .. .. .. .. .. 54
LIST OF FIGURES
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Table I Some of the Achievements registered January – June 2015. xivTable II Coverage of IG Regional Offices .. .. .. .. 5Table III Investigations carried out by the Inspectorate .. .. 9 Table IV Corruption Complaints investigated and completed
during the period January – June 2015.. .. .. .. 11Table V The top 10 institutions most complained against
for the last 5 years (2010-2014) .. .. .. .. 13Table VI Ombudsman Complaints investigated and completed
during the period January - June 2015.. .. .. .. 19Table VII: Action Plan on PRDP implementation from a
Consultative meeting held in Lira .. .. .. 37Table VIII Training and International Cooperation... .. .. .. 41Table IX Number of complaints registered by the Inspectorate of
Government for the period January – June 2015 .. .. 53 Table X Complaints received according to districts for the
Period January – June 2015 .. .. .. .. .. 55Table XI The nature of complaints investigated and completed
during the period January – June 2015 .. .. 58Table XII Departments/Institutions complained against during the
Period January – June 2015 .. .. .. .. .. 59Table XIII Arrests effected for the period January - June 2015 .. 64Table XIV Summary of concluded prosecution cases during the
Period January – June 2015 .. .. .. .. .. 67Table XV On-going Prosecution/pending cases by the end of
June 2015 .. .. .. .. .. .. .. .. 71Table XVI Criminal Appeals by the end of June 2015 .. .. .. 75Table XVII Litigation cases concluded January – June 2015 .. .. 80Table XVIII Summary of on-going Civil cases during the period
January – June 2015 .. .. .. .. .. .. 80Table XIX Summary of Civil Cases on Appeal January – June 2015 81
LIST OF TABLES
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Appendix A - A statistical presentation of IG investigations and other activities .. .. .. .. .. 50
Appendix B- Arrests .. .. .. .. .. .. .. 63Appendix C - Prosecution cases .. .. .. .. .. .. 66 Appendix D - Litigation cases .. .. .. .. .. .. 180Appendix E - Some of the letters of appreciation received .. 182
LIST OF APPENDICES
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AAACA - African Authorities of Anti-Corruption AssociationACD - Anti-Corruption DivisionCAA - Civil Aviation AuthorityCADP - Corporate and Development PlanCAO - Chief Administrative OfficerCFO - Chief Financial OfficerCSO - Civil Society OrganizationDANIDA - Danish International Development AgencyDEI - Directorate of Ethics and IntegrityDEO - District Education OfficerDEP - Directorate of Education and Prevention of Corruption/IGDHO - District Health OfficerDISO - District Internal Security OfficerDLA - Directorate of Legal Affairs/IGDLC - Directorate of Leadership Code/IGDLG - District Local GovernmentDOA - Directorate of Ombudsman Affairs/IGDOP - Directorate of Operations/IGDAPCB - Departed Asian Property Custodian BoardDPM - Division of Project MonitoringDPP - Director of Public ProsecutionsDRO - Directorate of Regional Offices/IGDTM - Data Tracking Mechanism GISO - Gombolola Internal Security Officer GIZ - Deutsche Gesellschaft fur Internationale Zusammenarbeit
(Germany Cooperation)IACs - Integrity Ambassadors ClubsIFMIS - Integrated Financial Management Information SystemIG - Inspectorate of GovernmentIGG - Inspector General of GovernmentIG- ODS - Inspectorate of Government Online Declaration SystemIII - Information and Internal InspectionISO - Internal Security OrganisationJCRC - Joint Clinical Research CentreKCCA - Kampala Capital City AuthorityKIU - Kampala International UniversityLCA - Leadership Code ActLDC - Law Development CentreLGFC - Local Government Finance CommitteeMAAIF - Ministry of Agriculture, Animal Industry and FisheriesMDA’s - Ministries, Departments and AgenciesMFPED - Ministry of Finance, Planning and Economic DevelopmentMoH - Ministry of HealthMOU - Memorandum of UnderstandingNAADS - National Agricultural Advisory ServicesNDA - National Drug Authority
ABBREVIATIONS AND ACRONYMS
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NFA - National Forestry AuthorityNGO - Non Governmental OrganizationNMS - National Medical StoresNRM - National Resistance MovementNSSF - National Social Security FundNUSAF - Northern Uganda Social Action FundNWSC - National Water and Sewerage CorporationOAG - Office of the Auditor GeneralODA - Organization Development AssessmentOPD - Out Patient DepartmentOPM - Office of the Prime MinisterP&IR - Public and International Relations/IGPFM - Public Finance Management PHC - Primary Health CarePPDA - Public Procurement and Disposal of Assets AuthorityPRDP - Peace, Recovery and Development PlanPUJAB - Public Universities Joint Admissions BoardRALNUC - Restoration of Agricultural Livelihoods in Northern UgandaRDC - Resident District CommissionerSACM - Social Accountability and Community MonitoringSMS - Short Message ServiceTAAC - Transparency, Accountability and Anti- CorruptionUAHEB - Uganda Allied Health Examinations Board UBC - Uganda Broadcasting CorporationUETCL - Uganda Electricity Transmission Company LimitedUGOGO - Uganda Good Governance ProgrammeUK - United KingdomUNBS - Uganda National Bureau StandardsUNCAC - United Nations Convention Against CorruptionUNEB - Uganda National Examinations BoardUNEPI - United Nations Expanded Program on ImmunizationUNICEF - United Nations Children’s Education FundUNRA - Uganda National Roads AuthorityUPDF - Uganda Peoples Defence ForcesUPPC - Uganda Printing and Publishing CorporationUPPET - Universal Post Primary Education and Training URA - Uganda Revenue AuthorityURSB - Uganda Registration Services BureauUWA - Uganda Wildlife AuthorityVHTs - Village Health TeamsVIPPU - Very Important People Protection UnitWHO - World Health Organization
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ACKNOWLEDGEMENT
The fight against corruption cannot be solely achieved by the IG without the support and contribution of other stakeholders. The IG, therefore, commends the Government and the Parliament for the efforts that have been made over the past years to support the institution in performing its functions.
The IG is very grateful to the Development Partners and Agencies that have continued to provide both technical and financial support to the institution. The IG is especially grateful to the Danish International Development Agency (DANIDA), World Bank, Department For International Development (DFID), the Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) and the project for Strengthening Uganda’s Anti- Corruption and Accountability Regime (SUGAR) for the continued support to IG operations.
The IG also recognizes the role played by the media, civil society and its representative organizations. The Inspectorate will continue to work with the media and the civil society organizations to engage citizens to build their demand for accountability and increase their level of participation in reporting corruption.
The IG urges all Ugandans to make individual and collective decisions not to participate or tolerate corruption in any form.
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IntroductionThe Inspectorate of Government (IG) was established under Article 223 of the Constitution of Uganda. Under Article 231 of the Constitution, the Inspectorate of Government is required to submit to Parliament at least once in every six months, a report on the performance of its functions and make recommendations which the office considers necessary for the efficient performance of public institutions. This is the 33rd report of the Inspectorate of Government to Parliament and the 9th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period January – June 2015.
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 granted general and special powers as laid out in Chapter One of this report. The major activities of the office are: investigations of complaints of corruption and mal-administration, prosecution and litigation of cases, verification and investigation of Leadership Code breaches, public awareness campaigns, Policy and Systemic interventions, monitoring and inspection of donor and government funded projects and follow-up of the IG recommendations to ensure compliance.
Structure of the ReportThe report comprises seven chapters on various aspects of the IG’s constitutional mandate as summarized below:
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 lays out the enforcement measures used by the institution in the implementation of its anti-corruption functions. These include investigation of complaints from the public about corruption in public institutions; arrest and prosecution of
EXECUTIVE SUMMARY
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persons involved in corrupt practices. The chapter also reports on the civil suits that the IG handled during the period.
Chapter Three highlights the activities carried out by the IG in implementing the Ombudsman function.
Chapter Four covers activities carried out by the IG in enforcing the Leadership Code of Conduct.
Chapter Five focuses on the preventive measures used by the office to curb corruption and promote good governance in public offices.
Chapter Six reports on the training activities that were carried out for the officers of the Inspectorate during the period and activities carried out to enhance national and international cooperation between the IG and other stakeholders.
Chapter Seven highlights the general operational constraints and challenges faced by the IG. The chapter further outlines the future plans of the office and recommendations to Government on how to improve efficiency and effectiveness of the office and other public institutions.
General InvestigationsThe Inspectorate of Government receives complaints or initiates investigations into allegations of corruption, maladministration, breach of the Leadership Code of conduct and arrests, prosecutes and recommends administrative action on persons implicated.
During the period under review, the Inspectorate had a total workload of 7,260 complaints. This includes verification of leaders’ declarations. Out of these, 5,816were brought forward from the previous reporting period. A total of 1,406complaints were received or initiated by the Inspectorate of Government including 67 investigations that arose from audit reports. A total of 950 investigations and 26 verifications were completed while 104 complaints were processed and referred to other Institutions.
The complaints registered by the Inspectorate of Government during the period reveal that still the most complaints received were those against District Administrators accounting for 19.6% of the total complaints received. Complaints against individual public officers ranked second accounting for 17.6% of the total complaints received. Complaints against District Service Commissions ranked third accounting for 8.2% of the total complaints received.
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 stipulated in Article 230 of the Constitution and Sec.14(5) of the Inspectorate of Government Act.
Summary of Achievements of the Inspectorate of Government in the period January-June 2015Enforcement Measures
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In the implementation of the Anti-Corruption function, the IG carries out investigations where commission of any offence under the Anti-Corruption Act is alleged.
Practices that are deemed by law under Anti-Corruption Act 2009 as corrupt include: 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. 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 2015, the Inspectorate received a total of 918 corruption complaints which accounted for 65.2% of the total complaints received. A total of 640 corruption complaints were investigated and completed.
Arrests and ProsecutionsDuring the period under review, twenty eight (28) public officers were arrested for various corruption offences and most of them charged in courts of law. The IG prosecuted one hundred thirty one (131) cases, out of which one hundred and three (103) were carried forward from the previous period (i.e. on-going cases and pending appeals as at 30thJune 2015). Nineteen (19) were new cases registered in courts of law during the reporting period. Twenty six (26) cases resulted into conviction, four (4) cases resulted in acquittals,
four (4) cases were withdrawn, and one (1) abated. Sixty four (64) cases were on-going at first trial and thirty two (32) cases were on appeal, as at 30th June 2015.
Civil casesAs part of its mandate of fighting corruption and defending its actions, the Inspectorate of Government handles civil suits, including civil applications and constitutional petitions instituted against it in courts of Judicature. During the period under review IG handled thirty five (35) civil cases in courts of law. Nine (9) were concluded, six (6) appeals are pending hearing and executions, and taxation of Bills of costs are pending in four (4) cases.
Promoting the Rule of Law and Administrative Justice (The Ombudsman Function)The Constitution empowers the Inspectorate of Government 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 of the Constitution applies.
During the period under review, the Inspectorate of Government received various complaints against public officers. These included: abuse of office, employment disputes such as irregular recruitments, unfair dismissals, victimization, non-payment or delayed payment of salary, salary arrears, leave allowances, gratuity, terminal benefits and failure to access or deletion from payroll, inheritance
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and administration of estate disputes, Property disputes and delayed service delivery.
The Inspectorate had a total of 1,452 ombudsman complaints. 483 of these were new complaints received during the period while 969 were complaints brought forward from the previous period. Out of 483 complaints received, 21 complaints were found to lack merit and the complainants were advised accordingly, 51 complaints were resolved. Only 104 complaints were processed and referred to other institutions, while 296 complaints were investigated and completed; a total of 980 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits. During the period under review, the institution most complained against was the Ministry of Public Service with 3% of all complaints received. The complaints involved non-payment of employment benefits including salary arrears, pension and gratuity.
Enforcement of the Leadership Code of ConductThe Constitution and the Leadership Code Act (LCA) mandate the Inspectorate of Government to ensure that specified leaders under the LCA declare their incomes, assets, and liabilities, once every two years explaining how they acquired or incurred them respectively. This is to ensure that leaders adhere to a standard of behaviour that promotes integrity, transparency and accountability in their conduct of public affairs. The Act imposes penalties on leaders who breach it.
During the period under review a
total of twenty five thousand (25,000) leaders who were eligible to declare by 31st March, 2015 were issued with declaration forms and a total of 20,432 leaders had returned their filled declaration forms as required. The process of identifying the leaders who have not yet declared is ongoing. Also during the period, a total of twenty six (26) verification cases and fourteen (14) investigations of the breach of the Code were conducted and completed. The Inspectorate has developed an online declaration system (IG-ODS) which will be operational by the end of 2015 and shall be used by all leaders eligible to declare in March 2016.
Preventive MeasuresPublic 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 Institution in particular, through any media or any other means it considers appropriate. The public is educated about their constitutional right to access services without having to pay bribes and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and also on how to report corrupt practices to the Inspectorate of Government.
During the period under review, the IG continued to carry out public awareness programmes through: supporting the integrity clubs in universities and other tertiary institutions, radio programmes, workshops and presentation of papers on topical issues to the public at various fora.
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Two (2) consultative workshops on PRDP II were carried out. The purpose of the workshops was to discuss the challenges affecting project implementation and devise mechanisms to overcome the challenges and ensure efficient and effective implementation. Various radio programmes were also aired on many different radio stations especially those stations that are located in PRDP II districts. The radio programmes were also aimed at educating the people in the project areas; about the goals and objectives of the projects, how to report suspected corruption cases and the existing measures that have been put in place to combat corruption. Three (3) sensitization and training programmes were also carried out by the IG for other public institutions. Furthermore, IG supported and was involved in the activities of Integrity Clubs in various Tertiary Institutions.
Promoting Transparency and Accountability in Government and Donor ProjectsThe IG implements the Transparency, Accountability and Anti-Corruption (TAAC) sub-component of PRDP and NUSAF II to ensure efficiency and value for money of the projects.
During the period under review, IG carried out monitoring and inspections of two hundred (200) PRDP II and NUSAF II funded projects. PRDP II monitoring was carried out in the following districts: Napak, Moroto, Sironko, Nebbi, Amuru, Gulu, Kitgum, Lamwo, Pader, Alebtong, Amuria, Budaka, Kibuku, Tororo, Bududa, Bukedea, Bulambuli, Kween, Buliisa, Masindi, Maracha, Moyo and Yumbe. In addition the Inspectorate organized stakeholder meetings with key technical implementation officers
of the districts where PRDP is being implemented.
Policy Studies and Systemic InterventionsPolicy studies and systemic interventions is one of the preventive measures used by the Inspectorate of Government to fight corruption. IG carries out systemic interventions into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identifying loopholes that may be susceptible to corruption and make recommendations for remedial measures. This is aimed at improving service delivery in identified Government Departments, Ministries, Agencies and Parastatals.
During the period under review, the Inspectorate of Government concentrated on completing seven (7) major systemic interventions that were initiated during the previous reporting period.
Capacity Building through Training and International Cooperation
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 improve their performance. During the reporting period, therefore, some IG staff attended training programmes which included the following: Forensic Accounting, Managing people through change of attitude and behaviours, Public Procurement Functions, Development and Management of service sourcing for developing countries, Training of Trainers in Crime Detection and Training in
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Contemporary Public Administration, among others.
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 staff in conferences, workshops and exchange programmes and collaboration with local, regional and international anti-corruption agencies.
Table I: Some of the numerical achievements registered during the period January – June 2015
Outcome QuantityMoney saved as a result of IG intervention(Approx) 8bn
Money recovered as a result of investigations and deposited on IG Recovery Account 973,044,410
Public officers under prosecution by IG 131
Public Officers convicted 26
Public officers arrested by the IG 28
Public officers warned 18
Civil cases concluded 9
Officers who were advised 7
Cancelled appointment letters of public servants 9
Officers submitted to Commissions (e.g. DSC) for disciplinary action 40
Public officers interdicted 12
Officers dismissed 16
Posts re-advertised 3
Amount paid to complainants (Ombudsman) 39,373,252
Major Constraints and ChallengesThe Inspectorate appreciates the support rendered by the Government and Development Partners in fulfillment of its mandate of combating corruption, mal-administration and enforcing the Leadership Code of Conduct. However, there are still a number of challenges, most of which arise from inadequate funding and loopholes in the existing Legal Framework. The capacity of IG to fight
corruption is further hampered by inadequate technical staffing levels and skills of technical staff which does not match the growing workload arising from the number of backlog cases and the new complaints registered annually. In addition there is need to purchase specialized equipment to facilitate forensic and computer aided investigations and train IG staff accordingly.
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The challenges and constraints include but are not limited to; inadequacies in the existing legal framework, limited human and financial resources, inadequate institutional support, court delays, poor record keeping in Government institutions, lack of computerized data in many public institutions and high cost of renting office premises.
Future plansIn line with the national strategy, the IG will continue to build on the foundations built over the years and continue to do the following:(a) Strengthen the capacity of the
Regional offices by providing more staff and office equipment.
(b) Strengthen the capacity of IG investigation and prosecution staff through training, sharing of
information and experiences with other ombudsman, anti-corruption and Ethics Institutions.
(c) Construct the Inspectorate of Government Head office premises.
(d) Finalise the Organization Development Assessment (ODA) of the Institution.
(e) The IG has developed an online declaration system (IG-ODS) which will be operational by the end of 2015 and shall be used by all leaders eligible to declare in March 2016.
(f) Educate and sensitize the public and civil society organizations on the issues of corruption, maladministration, enforcing the Leadership Code Act using both print and electronic media, seminars and workshops.
RecommendationsIn order to overcome the stated constraints and fulfill the IG mandate, the following recommendations are hereby submitted to Parliament and the Executive:
(i) The amendment of the Leadership Code Act should be finalized 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 premises. Money used for rent would be used for operations and other requirements for the Inspectorate.
(v) Parliament should amend the IG Act in order for IG to attain corporate status.
(vi) All government institutions must have a proper record keeping and retrieval system and government should provide its MDAs with necessary tools to ensure that this is done.
(vii) Government should prioritize Physical Planning of Urban Centers and enforce implementation of the existing plans.
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1.1 CONSTITUTIONAL MANDATE TO PRODUCE REPORT TO PARLIAMENTThe Inspectorate of Government (IG) was established under Article 223 of the Constitution of Uganda. Under Article 231 of the Constitution, the IG is required to submit to Parliament at least once in every six months, a report on the performance of its functions and making recommendations which the office considers necessary for the efficient performance of public institutions.
This is the 33rd report of the IG to Parliament and the 9th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate for the period January – June 2015.
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 are 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
(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.
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 and include: authority by IG officers to investigate allegations of corruption, abuse of office, maladministration and breach of the leadership code of conduct.
The Inspectorate also, 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.
INTRODUCTION
CHAPTER
ONE
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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. These powers are power to investigate, cause investigations, arrest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office, maladministration and breach of the leadership code of conduct. The Inspector General of Government (IGG) may also, during the course of his or her duties or as a consequence of his or her findings, make such orders and give such directions as are necessary and appropriate in the circumstances.
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 jurisdiction of the IG has also been expanded by the Anti-Corruption Act 2009 to include the Private Sector. The IG is independent in the performance of its functions and
shall not be subject to the direction or control of any person or authority and shall only be responsible to Parliament.
1.6 ORGANIZATION OF THE INSPECTORATE OF GOVERNMENTThe Leadership of the Inspectorate of Government is provided for under Article 223 of the Constitution. It is comprised of; the Inspector General of Government (IGG) and two Deputy Inspectors General of Government (DIGGs). The Inspector General of Government and the Deputies 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.For strategic implementation of its functions and objectives, the Inspectorate of Government is structured into a Department, six Directorates and three Divisions as shown below:
3
Figure 1: 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- Organize training of staff in various skills.
INSPECTORATE OF GOVERNMENT
Figure 2: Functions of the Divisions
Figure 3: Functions of the Directorates
- Vetting of staff to be recruited by IG and other Government Institutions
- Curtailing of possible corruption among IG staff
- Investigations
Responsible for national and international public relations
III P & IR DPM
Monitoring & Inspection of Government Funded Projects
- Renders Legal advice- Prosecutions - Civil litigation - Supporting Investigations
- Investigate cases of corruption in central Government Institutions
- Analyses audit reports
DLCDLADOA
- Coordination of Regional
- Investigations in local Governments
DRODOP DEP
- Ombudsman Investigations
- Policy & System Investigations
- Public Awareness- Production
of reports to Parliament & other Publications
- Research and Surveys
- Leadership Code Enforcement
- Investigations/
declarations
- Central Data management
- Carries out arrests
Figure 2: Functions of the Directorates
4
INSPECTORATE OF GOVERNMENT
Figure 2: Functions of the Divisions
Figure 3: Functions of the Directorates
- Vetting of staff to be recruited by IG and other Government Institutions
- Curtailing of possible corruption among IG staff
- Investigations
Responsible for national and international public relations
III P & IR DPM
Monitoring & Inspection of Government Funded Projects
- Renders Legal advice- Prosecutions - Civil litigation - Supporting Investigations
- Investigate cases of corruption in central Government Institutions
- Analyses audit reports
DLCDLADOA
- Coordination of Regional
- Investigations in local Governments
DRODOP DEP
- Ombudsman Investigations
- Policy & System Investigations
- Public Awareness- Production
of reports to Parliament & other Publications
- Research and Surveys
- Leadership Code Enforcement
- Investigations/
declarations
- Central Data management
- Carries out arrests
Figure 3: Functions of the Divisions
1.7 HOW TO FORWARD A COMPLAINT TO THE INSPECTORATE OF GOVERNMENT
Figure 4:
Republic of Uganda
5
Inspectorate of Government
1.7 HOW TO FORWARD A COMPLAINT TO THE INSPECTORATE OF
GOVERNMENT Figure 5:
1.8 INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
Pursuant to the provisions of Article 228 of the Constitution, the Inspectorate
has so far established sixteen (16) Regional Offices. The Regional Offices are
structured to perform the functions of the Inspectorate and are spread over the
country as follows:
Table II: Coverage of IG Regional Offices
No. Region Regional Office Districts
1. Central Kampala Mpigi, Mityana, Mubende, Butambala, Wakiso,
Gomba and Kampala.
Masaka Masaka, Kalangala, Sembabule, Rakai,
Bukomansimbi, Kalungu, Lwengo and
Lyantonde.
Report Corruption and mal-administration to
the IGG
Write to the IGG P. O. Box 1682,
Kampala
Visit any of IG 16 regional offices and
lodge a verbal or written complaint.
Send as SMS Type “Corrupt”
and SMS to 6009
Make a telephone call to the IGG
Hotline: 0414347387
Send an email with the details of the complaint
e-mail: [email protected]
5
1.8 INSPECTORATE OF GOVERNMENT REGIONAL OFFICESPursuant to the provisions of Article 228 of the Constitution, the Inspectorate has so far established sixteen (16) Regional Offices. The Regional Offices are structured to perform the functions of the Inspectorate and are spread over the country as follows:
Table II: Coverage of IG Regional OfficesNo. Region Regional Office Districts
1. Central
Kampala Mpigi, Mityana, Mubende, Butambala, Wakiso, Gomba and Kampala.
Masaka Masaka, Kalangala, Sembabule, Rakai, Bukomansimbi, Kalungu, Lwengo and Lyantonde.
Mukono Mukono, Kayunga, Nakaseke, Luwero, Buvuma, Nakasongola and Buikwe.
2. Western
Fort Portal Kabarole, Bundibugyo, Ntoroko, Kamwenge, Kyenjojo, Kyegegwa and Kasese.
Hoima Hoima, Kibaale, Kiboga, Buliisa, Masindi and Kiryandongo.
Mbarara Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mitooma, Sheema, Buhweju and Ntungamo.
Kabale Kabale, Kisoro, Kanungu and Rukungiri.
3. Eastern
Jinja Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Luuka, Namutumba, Mayuge and Namayingo.
Soroti Soroti, Amuria, Kaberamaido, Katakwi, Bukedea, Ngora, Serere and Kumi.
Mbale Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Pallisa, Bulambuli, Kibuku and Kween.
Tororo Tororo, Busia, Butaleja, Manafwa and Bududa.
4. Northern
Arua Arua, Koboko, Zombo, Nebbi and Maracha.
Gulu Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Amuru.
Moroto Moroto, Abim, Nakapiripirit, Amudat, Kotido, Napak and Kaabong.
Lira Lira, Apac, Oyam, Dokolo, Otuke, Alebtong, Kole and Amolatar.
Moyo Moyo, Adjumani and Yumbe.
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DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
7
CHAPTER
TWO2.1 INTRODUCTIONCorruption in Uganda is characterized by grand-scale theft of public funds and petty corruption involving public officials at all levels of society. There are several high corruption risk areas, such as police, judiciary and procurement. Businesses are particularly vulnerable when bidding public contracts in Uganda because processes are often non-transparent, and under-the-table cash payments are demanded by procurement officers. Officials continue to engage in corrupt practices despite laws and institutional instruments that are in place to prevent and punish corruption. As the number of grand corruption cases investigated has increased, public officials are devising new ways to avoid detection. Corruption cases involving colossal sums of funds often involve acts of syndicate and collusion that makes the fight challenging.
For the implementation of the Anti-Corruption function the IG continues to use both Preventive and Enforcement measures. Enforcement measures include; conducting investigations where commission of any offence under the Anti-Corruption 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 may also be recommended to the supervisors of public officers and resources lost or embezzled recovered from the culprits. Assets may also be confiscated from a public officer who investigations establish to have acquired them through corrupt means.
The Inspectorate of Government has continued to receive numerous complaints of corruption. For instance the complaints increased by more than 30 percent during the period from 2010 to 2014, from 1,566 in 2010 to 2,082 in 2014. The majority of these complaints are related to practices associated with corruption. During the reporting period (January – June 2015), corruption complaints accounted for 65.2% of the total complaints registered. Information from other anti-corruption agencies, such as the Uganda Police Force, also shows a steady increase in the number of reported corruption cases. Nonetheless, the increase in the number of cases reported does not necessarily mean that corruption is increasing. Rather, it may indicate that citizens are increasingly empowered to report cases of corruption.
In addition to grand corruption, petty corruption which often involves the soliciting of low value bribes from the
IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION
8
public to facilitate the provision of public services is prevalent. According to some estimates, the total value of such small-scale bribes to public officials amounts to an average of approximately UGX 166 billion per year (4th DTM Report, 2014).
The Inspectorate has implemented a range of measures to fight corruption, although it faces numerous challenges especially the society that condones corruption. The public perception is that corruption is deeply entrenched in society. According to the 4th DTM Report, at least eight out of every ten Ugandans believe that corruption is a serious problem in the country. The extent of this view is hardly surprising given the large number of high profile corruption cases that have come to light since 2012, involving high-ranking public officials.
A number of anti-corruption reforms have been implemented to address graft in the public sector. A recent example involves measures to address the enrolment of ghost
workers in the public sector through the decentralization of the payrolls. Under the decentralized system, local governments and ministries became responsible for the management of the payroll, a responsibility previously held by the Ministry of Public Service. Additionally, to ensure transparency, the accounting officers are required to display the payroll on public notice boards. These are good reforms that will help in addressing the problem of ghost workers and save the Government billions that have been paid to ghost workers.
The Inspectorate will continue to prosecute corrupt officials and to recover misappropriated funds. It will also continue to use preventive approaches and any other means to ensure that the war against corruption is not lost. Now that Parliament has passed the Anti-Corruption Bill 2013 which contains a clause that facilitate the recovery of stolen funds and assets, the IG will fully enforce this law.
The Inspectorate will continue to prosecute corrupt officials and to recover misappropriated funds. It
will also continue to use preventive approaches and any other means to
ensure that the war against corruption is not lost.
9
2.2 General Investigations
The table below shows the comparative analysis of the investigations carried out during the current and previous reporting period.
Table III: Investigations carried out by the Inspectorate in the last two reporting periods
July – December 2014
January – June 2015
a Complaints brought forward 5,824 5,816
b Investigations initiated from Audit Reports 96 67
c New complaints received 1,320 1,406
d New verifications of leaders’ declarations - 38
e Total workload = a + c + d 7,144 7,260
f Investigated & completed 1,112 950
g Verifications concluded 25 26
h Referred to other Institutions 130 104
iRejected complaints(outside the jurisdiction of IG)
61 21
j Case backlog disposed of - 175
k Total complaints concluded = f + g + h + i +j 1,328 1,267
l Carried forward = e–k 5,816 5,984
The table above shows that, the Inspectorate had a total workload of 7,260complaints during the current reporting period compared to 7,144 complaints which were handled during the previous period (July – December 2014). Out of 1,406 complaints that were received 61 complaints were those
received through the SMS Reporting System. A total of 1,267 complaints were concluded during the current period compared to 1,328 during the previous period. The chart below shows a comparison of investigations that were handled during the previous reporting period and the current one.
10
Figure 5: Graph showing investigations handled by the Inspectorate ofGovernment
Republic of Uganda
12
Inspectorate of Government
Figure 4: Graph showing investigations handled by the Inspectorate of
Government
The graph above indicates that a total of 950 complaints were investigated and
concluded during the current reporting period compared to 1,112 complaints
that were concluded during the previous period. This shows that there was a
reduction in the investigations concluded during the current period compared
to the previous period. Many complaints are in the final stages of completion
and therefore, it is expected that the concluded investigations will increase
during the next reporting period. A total of 640 corruption complaints which
accounted for 67.4% of the total complaints were investigated and completed.
Of the total number of new corruption complaints received by the Inspectorate,
617 (44%) were received at the Headquarters in Kampala while 789 (56%) were
registered at the Regional Offices.
The nature of corruption complaints investigated and completed during the
period, are shown in the table below:
1112
130
5816
950
104
5984
0
1000
2000
3000
4000
5000
6000
7000
Investigated andconcluded
Referred In Progress
Num
ber o
f com
plai
nts
Action Taken
Jul - Dec 2014
Jan - Jun 2015
The graph above indicates that a total of 950 complaints were investigated and concluded during the current reporting period compared to 1,112 complaints that were concluded during the previous period. This shows that there was a reduction in the investigations concluded during the current period compared to the previous period. Many complaints are in the final stages of completion and therefore, it is expected that the concluded investigations will increase during the next reporting period. A total of 640 corruption complaints
which accounted for 67.4% of the total complaints were investigated and completed.
Of the total number of new corruption complaints received by the Inspectorate, 617 (44%) were received at the Headquarters in Kampala while 789 (56%) were registered at the Regional Offices.
The nature of corruption complaints investigated and completed during the period, are shown in the table below:
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Table IV: Corruption complaints investigated and completed during theperiod January – June 2015
Nature of complaint Number of complaints Percentage
Abuse of office 157 16.5%
Corruption 108 11.4%
Misappropriation 70 7.4%
Investigations arising from Audit Reports 66 6.9%
Bribery 53 5.6%
Embezzlement 47 4.9%
Forgery 35 3.7%
False Claims 30 3.2%
Conflict of interest 29 3.1%
Extortion 27 2.8%
Nepotism and Irregular recruitment 18 1.9%
Total 640 67.4%
Note: The percentages in the above table are in relation to the overall investigations handled by the IG. These are corruption, ombudsman and breach of the Leadership code investigations which account for 32.6%.
Analysis of the complaints registered by the Inspectorate of Government during the period reveals that the majority were those against District Administrators accounting for 19.6% of the total complaints received. There are several forms of corruption that occur in local governments. For instance there is corruption reported in procurement of contractors to undertake various projects in the districts and various forms of corruption like bribery, extortion, embezzlement, and graft which are found in local
governments as a result of weak/lack of control systems. There is therefore, need to strengthen auditing and supervision in local governments.
The second category that was complained against most was that of individual public officials accounting for 17.6% of the total complaints registered. These are public officials who were alleged to have continued to use their offices for private gain including misuse of public resources.
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The third category was that of District Service Commissions (DSC) accounting for 8.2% of the total complaints received. There is a gradual increase in the complaints against DSC which relate to recruitment and selection, disciplinary procedures and practices. Whereas, the DSC are composed of qualified members and duly constituted, because of the manner in which it is appointed, political influence sometimes find its way into the recruitment process, sometimes resulting into recruitment of weak candidates. This has led to the rise in the complaints against DSC registered at the IG. It is therefore, recommended that the institutional and legal position of the DSC be safeguarded from political influence peddling.
The fourth ranked category was that of Municipal and Town Councils accounting for 7.3% of the total complaints received. The nature of complaints in this category continue to be mishandling of tenders/contracts, conflict of interest, abuse of office, embezzlement and property disputes. As is with the case of
District Administrators, there are weak control systems in municipalities and town councils that need to be addressed.
The fifth ranked category was that of School Administrations for both primary and secondary schools. Most complaints against school administrations involve mismanagement, nonpayment of teachers’ salaries, victimization/oppression and general misconduct. There is need to demand a commitment to high quality education that is available to all. It is also important to have clear regulations controlling education finance and management which provide guidelines to the operations of schools. Regular external audits must take place to detect and deter fraud. And frequent school inspections can prevent corruption in teacher management and behavior.
The details of complaints against institutions/departments are contained in Appendix B of this report.
13
Table V: The top 10 departments/institutions most complained against
S/No Number of Complaints
DEPARTMENT/YEAR 2011 2012 2013 2014 Jan – Jun 2015 Total
1 District Administration 410 419 431 512 276 2,048
2 Individuals (Public officials) 280 388 491 498 247 1,904
3 Municipal & Town Councils 211 237 249 245 103 1,045
4 Uganda Police 162 173 199 163 86 783
5 Schools (Primary & Secondary) 125 150 188 156 91 710
6 District Service Commissions 90 112 100 98 115 515
7 Judiciary 65 85 94 107 33 384
8 Sub county Administration 61 56 72 144 37 370
9 Ministry of Public Service 51 71 99 76 42 339
10 Local Councils 82 74 38 107 24 325
Based on the complaints received by the Inspectorate as shown in the table above, the most complained against departments/institutions are the District Administrations, individual public officials, Municipal and Town Councils, Uganda Police, school administrations both in primary and secondary schools; district service commissions, local councils, the judiciary, sub-county chiefs and the Ministry of Public Service.
The IG made simlar recommendations in the previous reports to Parliament but there is no information that these recommendations have been acted upon. For emphasis, these have been re-stated as follows:
(i) District Local Governments: There should be timely production and submission of activity and financial reports to the Finance Committees, District Executive Committees, District Councils and Line Ministries. There should also be intensified capacity building in planning and financial management for local government administrators.
(ii) Individual Public Officials: Appraisals based on performance contracts should be strictly adhered to and supervision in different departments should be enhanced.
(iii) Municipal and Town Councils: The problems of municipal and
14
town councils are similar to those of district local governments. Therefore, capacity building should also be emphasized for the staff of municipal and town councils. They too should be strictly subjected to performance contracts, improved supervision as well as performance appraisals.
(iv) Uganda Police: In cases of corruption by police officers, the public should be encouraged to report incidents to the IG for appropriate action. Inspectors and other supervisors in the Uganda Police should also be more vigilant about the handling of complaints reported by members of the public against the police officers.
(v) School Administration: There should be commitment to high quality education that is available to all. To achieve this, there is need for policy information that is clear and easy to understand. National, district and school budgets need to be published in detail so that the public can monitor how resources are allocated.
(vi) District Service Commission: The complaints against district service commissions have been mostly about recruitment. The district service commissions must ensure that recruitment processes are as transparent as possible by
displaying lists of the successful candidates on the notice boards at each stage of evaluation.
(vii) Judiciary: Complaints received against judicial officers were mostly against magistrates in the lower courts and court clerks. It is therefore recommended that minimum standards for developing and maintaining integrity, accountability and transparency within the judicial system be developed. The judiciary should be more transparent about its systems and procedures to enable citizens understand processes and minimize the risk of being led into offering bribes in exchange for otherwise free services.
2.3 The trend of complaints registered by the IG Regional Offices and recommendations
(i) There are still high incidences of petty corruption by public officers especially health workers and those involved in land transactions. Fraudulent land transactions are also rampant especially in cases where land officers collude with criminals to defraud unsuspecting members of the public. Recommendations; Government should enforce strict supervision in the hospitals, health centres and lands offices. The public should be continuously sensitized on what their rights are with regard to free public services
15
and any fees payable for certain services where applicable.
(ii) “Quiet Corruption” is still rampant in most districts. This manifests itself through absenteeism or late reporting, whereby public officials do not attend to their duties. This leads to poor service delivery and cultivates corruption as people are left desperate for services and are therefore willing to pay in order to obtain them. Recommendation; Stern action should be taken against supervisors who do not report prolonged absence of staff and neglect of duty by staff. Such action should include among others recovery of salary irregularly paid to such absentees from the supervisors themselves.
(iii) There are still many complaints arising from staff recruitment by District Service Commissions, and procurement of services. Impersonation, forging and uttering false academic documents to gain employment at lower public levels is also still common. Recommendation: Continuous regular validation exercise should be conducted by District Local Governments to weed out non-qualifying staff. The District Service Commissions recruiting agencies should ensure that there is strict adherence to the employment laws and guidelines and recruitment in public offices is merit based.
2.4 ARRESTS MADEThe IG has powers to arrest or cause arrest of people who investigations reveal to have engaged in corrupt practices and abuse of office or authority or who for no good reason refuse or ignore to respond to summons issued by the IG. During the period under review, twenty eight (28) public officers were arrested for various corruption offences and most of them are being prosecuted in the courts of law. For details of the arrests that were effected see appendix C of this report.
2.5 PROSECUTIONSThe 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.
During the period under review, the IG prosecuted one hundred thirty one (131) cases, out of which one hundred and three (103) were carried forward from the previous period (i.e. on-going cases and pending appeals as at 31st December 2014) and nineteen (19) were new cases registered in courts of law during the reporting period. Twenty six (26) cases resulted into conviction, four (4) resulted in acquittals, four (4) cases were withdrawn and one (1) abated. Sixty four (64) cases were on-going at first trial and thirty two (32) cases were on appeal, as at 30th June 2015.
16
For details of cases that were prosecuted by IG during the period under review, please see Appendix C of this report.
Figure 6: Graph showing the annual trend of arrests and prosecutions for the years 2006 –2014
Republic of Uganda
19
Inspectorate of Government
Sixty four (64) cases were on-going at first trial and thirty two (32) cases were
on appeal, as at 30th June 2015.
For details of cases that were prosecuted by IG during the period under review,
please see Appendix C of this report.
Figure 6: Graph showing the annual trend of arrests and prosecutions for the years 2006 –2014
2.6.2 Constraints encountered in prosecution of cases
(i) Delay to hear cases on appeal especially by the Court of Appeal.
(ii) Cases in up-country courts take long to be concluded due to
absenteeism of judicial officers.
(iii) Limited knowledge and practice in plea bargaining techniques.
(iv) Accused persons sometimes jump bail thus delaying and sometimes
completely bringing their prosecution to an end.
(v) There is occasional lack of cooperation from witnesses, some either
refuse to report to court or they appear in court and turn hostile to the
state.
12 31 26 24
70
120
72 66 53 44
60 64 70
116
154
168
266
245
0
50
100
150
200
250
300
350
2006 2007 2008 2009 2010 2011 2012 2013 2014
Prosecutions
Arrests
2.5.2 Constraints encountered in prosecution of cases(i) Delay to hear cases on appeal
especially by the Court of Appeal.(ii) Cases in up-country courts take
long to be concluded due to absenteeism of judicial officers.
(iii) Limited knowledge and practice in plea bargaining techniques.
(iv) Accused persons sometimes jump bail thus delaying and sometimes completely bringing their prosecution to an end.
(v) There is occasional lack of cooperation from witnesses, some either refuse to report to court or they appear in court and turn
hostile to the state.
Recommendations(a) Whistleblowers and witnesses
should be given adequate protection and reward.
(b) Government should appoint and deploy more Magistrates to up-country stations and the Judiciary should intensify monitoring of their performance. Now that the Government has appointed more judges to the Court of Appeal, IG hopes for expeditious handling of cases.
(c) Funds should be earmarked and availed to the IG for continuous
17
Legal education.
2.5.3 Future plans(i) IG plans to conclude at least 50
cases for every reporting period (6 months).
(ii) Have all prosecutors trained in plea bargaining, trial advocacy and continued legal training when funds allow.
2.6 CIVIL CASESThrough execution and enforcement of its actions and or recommendations as per the investigations, the Inspectorate of Government in effect attracts challenging applications and constitutional petitions.
The IG defends such applications and petitions and also gives and responds to instructions as requested by the Attorney General. 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, thirty five (35) cases were handled, of these nine (9) were concluded. Twenty (20) cases are on-going and six (6) are on appeal. Four (4) rulings were in favour of IG, three (3) are awaiting ruling. Two (2) were dismissed, two (2) were withdrawn, one (1) is awaiting taxation of bill of costs and three (3) are awaiting execution.
2.6.1 Challenges faced by the IG in Civil LitigationAs mentioned in the previous IG reports to Parliament:(i) Lack of corporate status continues to
be a challenge in as far as litigation of cases is concerned.
(ii) Continuous adjournments by the presiding judicial officers for various reasons.
(iii) Reluctance to implement court orders by enforcing agencies.
2.6.2 Recommendations(i) Amend the law in order for the IG
to attain corporate status.(ii) Consider recruiting a bailiff for
IG.
18
CHAPTERTHREE IMPLEMENTATION OF THE
OMBUDSMAN FUNCTION3.0 INTRODUCTIONOmbudsman institutions, in their function as mediators between citizens and governments, play an important role in the promotion of good governance. Through their activities, they create space for dialogue between various stakeholders to discuss key public policies; advance equal and fair delivery of services to the public; channel citizen voice; and they can also hold government accountable to citizens. The Ombudsman function of the Inspectorate of Government is derived from Article 225(1) (a) (b) (c) and (e) of the Constitution which outlines the functions of the Inspectorate of Government as hereunder;(a) To promote and foster strict
adherence to the rule of law and principles of natural justice in administration.
(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office.
(c) To promote fair, efficient and good governance in public offices.
(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.
Section 8 of the Inspectorate of Government Act is a replica of the above provision. The Inspectorate of Government fulfills the above
Ombudsman functions through; investigation of maladministration and administrative injustice within public offices, arbitration, carrying out policy and systemic interventions and recommends corrective actions.
3.1 OMBUDSMAN COMPLAINTS HANDLED The Inspectorate of Government mainly handles ombudsman complaints such as:(i) Employment disputes e.g.
irregular recruitments, unfair dismissals, victimization and
harassment.(ii) Non-payment or delayed payment
of salary, salary arrears, leave allowances, pension, gratuity, terminal benefits and failure to access/deletion from the payroll.
(iii) Inheritance and administration of estates disputes.
(iv) Property disputes.(v) Abuse of office by public officials.(vi) Delayed Service Delivery.(vii) Mismanagement(viii) Victimization.
During the period under review, the institution most complained about was the Ministry of Public Service with 3% of all the complaints registered. The complaints involved non-payment of employment benefits, including salary arrears, pension and gratuity.
19
Table VI: Ombudsman complaints investigated and completed duringThe period January – June 2015
Nature of Complaint Number of complaints PercentageMismanagement of public resources 84 8.8%
Nonpayment of salaries and other benefits 61 6.4%
Property Disputes 37 3.9%
Delay of service delivery 31 3.3%
Victimization 29 3.1%
Tenders & Contracts 28 2.9%
Others 26 2.7%
Sub Total 296 31.2%
3.2 CHALLENGES IN IMPLEMENTATION OF OMBUDSMAN FUNCTIONThe challenges in implementing IG ombudsman function remain the same as previously reported. These include; Reluctance and delays by some Government Institutions to respond to IG inquiries and to implement IG recommendations.
3.3 FUTURE PLANSThe IG will continue to strengthen the ombudsman function in order to safeguard the rights of individuals against maladministration and abuse of power or office by public authorities.
3.4 RECOMMENDATIONS Every government department should have a complaints resolution mechanism for handling complaints that arise at base and such complaints should only be referred to the Inspectorate of Government if the initial procedures have been exhausted and the complaints remain unresolved.
20
CHAPTER
FOURENFORCEMENT OF THELEADERSHIP CODE OF CONDUCT
4.0 INTRODUCTIONPursuant to Article 225(1) (d) and 234 of the Constitution of the Republic of Uganda, Section 3 (1) of the Leadership Code Act and S.8 (1) (d) of the Inspectorate of Government Act, the Inspectorate of Government is mandated to enforce the Leadership Code of Conduct.
The Leadership Code Act provides for a minimum standard of behavior and conduct for leaders; it requires all specified leaders to declare their Incomes, Assets and Liabilities to the Inspector General of Government. The Code prohibits conduct that is likely to compromise the honesty, impartiality and integrity of leaders or conduct that leads to corruption in public affairs and it imposes penalties on leaders who breach the Code.
Section 37 of the Leadership Code Act 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 20154.1.1 Management of leaders’ declarations of income, assets and liabilities forms
(i) Declaration forms issued and received
Section 3 of the Leadership Code Act empowers the Inspectorate of Government to receive and examine declarations submitted by leaders. During the period under review, 25,000 leaders who were eligible to declare by 31st March 2015 were issued with declaration forms. A total of 22,425 leaders had filled and submitted their declaration forms by the end of this reporting period.
(ii) Non-declaration10% of the total number of leaders expected to return their filled declaration forms had not yet done so by the end of this reporting period. The process of identifying the leaders who have not yet declared is ongoing.
(iii) Data EntryThe IG operates a Leadership Code Database where leaders’ declarations are captured and stored to enable easy searching using the Fast Track Screening Tool as well as save on the storage space. By the beginning of this reporting period, a total of 33,696 declaration forms had been entered in the database. IG has so far entered all the forms of declaration for the years 2007, 2008, 2009, 2010, 2011 and
The Leadership Code Act provides for a minimum standard of behavior and
conduct for leaders; it requires all specified leaders to declare
their Incomes, Assets and Liabilities to the Inspector
General of Government.
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2012. The process of data entry is still on-going.
(iv) Online DeclarationDuring this reporting period, an online declaration system was developed. The process of testing and perfecting the system is still ongoing with plans of ensuring it is ready for the public to use during the March 2016 declaration period. 4.1.2 Verification of leaders’ declarations of Incomes, Assets andLiabilities and investigations into allegations of the breach of theLeadership Code:VerificationsDuring the period under review, a total of twenty six (26) verification cases and fourteen (14) investigation cases were conducted and completed.
4.1.3 Outcomes of verifications and investigations:(i) In one (1) verification case a
total of Shs.112,728,915/= was recovered from a leader.
(ii) One (1) investigation case resulted in prosecution.
(iii) In one (1) verification case, valuation of the leader’s properties is being done.
(iv) In one (1) investigation case, the complainant was advised to take the matter to the High Court for adjudication.
(v) In one investigation case, the matter was referred to the Solicitor General for further action.
(vi) In One (1) investigation case,
the complainant was advised to lodge the complaint with the Police Professional Standards Unit.
(vii) One leader was cautioned and advised to always declare all assets where his minors have interest.
(viii) In eighteen (18) cases, the leaders gave satisfactory explanations for their income, assets and liabilities.
(ix) In three (3) investigation cases the allegations were not proved.
4.2 GIFTS DECLARED BY LEADERSSection 10(1) of the Leadership Code Act 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- A gift of a hunting gun received on
behalf of the Minister of Defence from the Minister of Defence of the Republic of Sudan in Khartoum. The leader was advised that the rifle should be declared and handed over to the Ministry.
- A desk organizer received by the Inspector General of Government from the Resident Manager of ACE Consulting Engineers Moharram, Bakhoum was declared to the Speaker of Parliament.
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4.3 CONSTRAINTS ENCOUNTERED IN ENFORCING THE LEADERSHIP CODE OF CONDUCT(i) The absence of a Leadership
Code Tribunal and the delayed amendment of the Leadership Code Act is a significant challenge to the enforcement of the Leadership Code and has contributed to the decline in adhering to the code of conduct by leaders.
(ii) Difficulties in the verification of information in respect to the leaders’ income, assets and liabilities due to informal and undocumented nature of most transactions.
(iii) The scattered nature of operations of the security forces
also contributes greatly to their failure to receive and return their filled declaration forms in time.
4.4 RECOMMENDATIONS TO GOVERNMENT(i) The Leadership Code Act should
be amended and the Leadership Code Tribunal established as soon as possible for effective enforcement of the Code.
(ii) All government registries should computerize the records to enable accurate and easily accessible information.
(iii) All leaders should be encouraged to embrace the new online declaration system.
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CHAPTER
FIVE PREVENTIVE MEASURES5.0 INTRODUCTIONThe IG is mandated to implement corruption preventive measures through public education, policy and systemic interventions and monitoring and inspection of Government and donor funded projects.
This chapter therefore, highlights the prevention of corruption activities that were carried out during the reporting period.
5.1 PUBLIC AWARENESS PROGRAMMES AND SENSITIZATIONThe following public awareness programmes and activities were carried out by the IG during the period under review:
5.1.1 WorkshopsThe existence of a knowledgeable and informed citizenry decreases
opportunities for the misuse of public funds and supports the detection of corruption. In support of this notion, the IG carried out two (2) stakeholders’ consultative workshops on Peace Recovery and Development Plan (PRDP) implementation, for key technical officers in implementation of the project. The purpose was to discuss the challenges affecting the project implementation and devise mechanisms through which the challenges can be overcome to ensure efficient and effective implementation.
The participants included: District Chairpersons, Resident District Commissioners, Chief Administrative Officers, Chief Finance Officers, District PRDP Coordinators, Procurement Officers and the District Engineers of the 55 districts under PRDP.
The preventive measures under taken by the IG include; Public
awareness and sensitization, policy and system studies, research and
surveys, monitoring and inspections of government funded projects
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The Director of Education & Prevention of Corruption (standing) addressing participants in Lira town during a consultative workshop
The Deputy IGG, Mr. George Bamugemereire addressing participants during a workshops in Lira.
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The Director of Project Monitoring addressing the participants during a workshop.
5.1.2 Public Awareness through electronic MediaA total of 2110 spot messages and 27 radio programmes were aired on the following Radio Stations in the project area: Open Gate FM-Mbale, Rupiny FM-Gulu, Eastern Voice FM-Bugiri, Continental FM-Kumi, Etop FM-Soroti, Spirit FM Koboko, Elgon Radio-Kapchorwa, Nena FM–Moroto, Radio Amany-Moyo, Radio Paidha, Luo FM-Pader, Radio North-Lira, Rock Mambo FM-Tororo and Bunyoro Broadcasting services-Masindi. The spot messages and radio programmes focused on sensitizing the project beneficiaries about their role in monitoring the successful implementation of the projects and ensuring there was value for money. The beneficiaries were also encouraged to report cases of mismanagement or misappropriation of project funds to IG.
5.1.3 Integrity Ambassadors Clubs’ activitiesThese activities provide a platform for students in higher institutions of learning to discuss the concept of corruption, integrity and good governance and to express their views
on anti-corruption strategies. The aim is to produce, nurture and empower pro-active ambassadors of integrity and good governance in society. In this regard the following activities were carried out;
(i) On 27th February, 2015, IG supported Mbarara University of Science and Technology Integrity Ambassadors’ Club (IAC), to hold an anti-corruption seminar at the University campus in Mbarara.
(ii) Gulu University Integrity Ambassadors’ Club (IAC) with the support from IG held an anti-corruption seminar on 6th March, 2015 at the University campus.
(iii) IG supported Integrity Ambassadors Clubs of Nkumba University, Islamic University in Uganda (IUIU), Makerere University, Muteesa 1 Royal University and Kampala International University (KIU), to hold an Inter-University Anti-Corruption debate tournament on 19th and 20th March, 2015 at KIU Kampala Campus main hall.
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Above are Integrity Ambassadors during a debating session at Kampala International University.
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Winners of the debating tournament receiving a prize from the Director of Education and Prevention of Corruption
(iv) On 25th June, 2015 IG facilitated an Anti-Corruption dialogue for 800 students of Buddo Senior Secondary School in Wakiso district.
Students of Buddo S.S.S attending an anti-corruption dialogue at Buddo S.S.S
(v) On 27th June, 2015, a Senior Officer of the Inspectorate of Government presented a paper on “the role of the Inspectorate of Government in fighting corruption and promoting
good governance” to the students of St. Augustine S.S.S in Wakiso district, during a seminar organized by Anti-Corruption Youth Team Uganda.
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5.1.4 Training/Sensitization Of Public ServantsThree (3) training programmes to other public servants were carried out during the period under review.
5.2 MEDIA RELATIONS5.2.1 Direct media interactionThe IG received extensive coverage of the activities as well as investigation reports issued in the media during the period. This was achieved through the continuous media interaction and the media effort in the fight against corruption. This further enhanced objective reporting by the media.
5.2.2 Media ReleasesThe IG published supplements in New Vision newspaper and Tarehe Sita magazine in commemoration of the 29th NRM Victory Day on the theme: A Steady and Sustainable Transformation of Uganda: NRM’s Core Mission. The supplement focused on how Anti-Corruption laws have transformed the country.
5.3 PUBLIC RELATIONSIG Client CharterThe IG Client Charter was developed. The Charter can be accessed on the IG website www.igg.go.ug
5.4 WEBSITE MANAGEMENTMost of the IG reports and publications can be accessed on the IG Website. Any report that is not available can be requested for through the email
address: [email protected]
5.5 POLICY AND SYSTEMIC INTERVENTIONS5.5.1 BackgroundIn order to improve service delivery in identified Government Departments, Ministries, Agencies and Parastatals, the Inspectorate of Government carries out systemic interventions into operations, policies, systems, procedures and legislation of the identified MDAs with a view to identifying loopholes that may be susceptible to corruption and make recommendations for remedial measures.
During the period under review, the Inspectorate of Government concentrated on completing seven (7) major systemic interventions as highlighted below:5.5.2 A systemic intervention into Vaccines storage and distribution in UgandaThis systemic intervention was initiated as a result of a complaint received by the office alleging vaccine stock-outs, shortage of immunization kits, logistics and lack of other supplies in the hospitals of the different districts of Uganda. Systemic reviews, investigations and verifications were done in the sampled thirty three (33) districts in the Central, Northern, Eastern, Southern and Western regions of the country. A report detailing the findings and recommendations was issued during the period under review. It was
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established that:(a) The transfer of Uganda National
Expanded Programme on Immunization (UNEPI) functions of storage and distribution of vaccines to National Medical Stores (NMS) was in conformity with the NMS mandate as stipulated in the NMS Act of 1993.
(b) The National Drug Policy and Authority Act does not contradict the contents of the NMS Act as it was apparently perceived by some stakeholders.
(c) NMS has demonstrated the capacity to store medication for cancer and some other kinds of vaccines, there is no basis for the assertion that they cannot store vaccines for children as mandated by the law.
(d) All the issues raised by the technical staff in the Ministry of Health (MoH) do not hold water since the law (NMS Act) was passed by Parliament.
(e) While the decision to transfer the storage and distribution functions of vaccines from UNEPI to NMS is lawful, what can be faulted is the procedure that was employed in the process. It was observed that there were some mistakes in the transition process.
(f) The rise and fall in immunization services in the country was due
to other factors other than the transfer of the two functions of storage and distribution of UNEPI to NMS. These factors include among others inadequate funding, withdrawal of donor funds, cultural factors and superstitions (where some parents are not willing to take their children for immunization and not completing immunization doses). Reports from the MoH reviewed indicate that the rise and fall of immunization coverage parallels trends in donor support for routine immunization.
(g) Although it is acknowledged in various reports that UNEPI had performed very well, by establishing fully facilitated immunization infrastructure at every District, it was not adequately funded to sustain the success so far achieved, given the increase in number of Districts from 39 to 112 in 2012.
(h) There was a measure of dysfunction between the office of the Permanent Secretary MoH and UNEPI on the one hand and that of the DGHS and the General Manager NMS on the other hand which had initially threatened to derail the process of restructuring the functions of storage and distribution of vaccines.
(i) It was indeed confirmed that the complaints received by the MoH from various Districts, during the UNEPI – NMS transition were valid.
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However, since the time the field study was conducted in 2013, the IG has established that the situation has improved significantly. The mistakes that were made during the implementation process of the transfer of the mandated functions of vaccine storage and distribution to NMS are being corrected by the MoH, UNEPI and NMS with the support from development partners in the Health Sector such as the World Health Organization (WHO) and United Nations Children’s Fund (UNICEF).
In light of the findings above, it was recommended that:(i) With regard to the decline
in delivery of immunization services due to fluctuations in Donor Support and funding, the Government should increase funding allocation to MoH, UNEPI Programme and NMS in order to guard against any future disruption of immunization services which are critical to Primary Health Care. The delivery of such services to Ugandan Citizens should not be pegged to donor support.
(ii) The MoH and NMS should expedite the measures to correct the mistakes made during the transition process such as the completion and approval of the operational guidelines, documentation of the handover process as stipulated in the Public Finance and Accountability Regulations, 2003 and the Treasury
Accounting instructions so that the management of the Central Vaccines Stores and distribution of vaccines is done by NMS in conjunction with UNEPI until such a time when NMS has built capacity to fully take over these functions. The Permanent Secretary MoH and General Manager, NMS should ensure that appropriate action is taken.
(iii) Every effort should be made by stakeholders in the health sector to coordinate their efforts to avoid unnecessary friction when implementing major policy decisions. The office of Permanent Secretary in any government Ministry is key and must as a matter of routine be closely consulted in the implementation of government policy in any government department.
(iv) All Human Resource gaps at UNEPI should be filled with substantive persons such Medical officers, Nurses and Cold Chain Technicians because these persons are key in the implementation and supervision of Immunization Program. The Permanent Secretary should harmonize this recommendation with the Health Service Commission.
(v) Other recommendations which were advanced by stakeholders during this study and which this office proposes that Government
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should consider include the following:
(a) Increase funding for UNEPI programme and NMS to handle the added components of vaccine storage and distribution;
(b) Funding for immunization should be protected from budgetary cuts;
(c) Increase the PHC funds to the districts particularly to the component that goes to immunization. There is need to comply with the Abuja Declaration which require 15% of the National budget committed to Health. It was reported that currently 8% of Ugandan Budget goes to Health;
(d) Create a Vote for Immunization Program so that UNEPI’s financial mobilization can be traced to the programme independently and not to another vote;
(e) Avail and maintain cold chain refrigerators to cover up to Health Centre III;
(f) Build Capacity of the districts by training the District Health Officers, Senior Nurses & Cold Chain Technicians in the standard immunization practice and management of immunization services generally;
(g) Release funding for immunization system support to the districts in a timely manner while ensuring internal controls and accountability to avoid misuse and abuse;
(h) Streamline the procurement and distribution of vaccine related documents and other logistics e.g.
Vaccine Control books, Weighing bags, Child Health Cards, Tally sheets, Temperature control cards, Summary sheets etcetera;
(i) Create the demand for vaccines by sensitizing the communities on the benefits of immunization;
(j) Intensify mobilization of the communities by use of the Village Health Teams (VHTs), the social media and train the VHTs;
(k) Expedite the bill on immunization that will provide for sanctions against parents, communities, religious groups (sects) that resist immunization;
(l) Make specifications for the gas cylinders in such a way that they are unique to UNEPI and have them engraved with appropriate and easily identifiable embossments to avoid abuse. Research on better options of distributing gas to the districts is encouraged;
(m) Advocate for more support from Health partners to strengthen the program (UNEPI) in terms of training and technical capacity;
(n) Solicit for political support and oversight supervision by politicians, religious leaders, etcetera;
(o) Motivate and pay health workers better so as to retain and improve on the quality of service delivery;
(p) Strengthen the relationship with implementing partners to enhance support to immunization;
(q) Build Capacity of NMS in handling vaccine storage and distribution so that their potency is not compromised;
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(r) MoH should come up with a vaccine management committee so that they can forecast, and ensure that handling of vaccines according to standard is maintained;
(s) District vaccine stores should be built where they are lacking and also improve on the existing regional vaccine stores; and that,
(t) Government should avail vehicles, motor cycles, bicycles and boats to aid the transportation of vaccines to different locations across the entire country.
5.5.3 A systemic intervention into the management of Uganda Printing and Publishing Corporation (UPPC) The Inspectorate of Government also commissioned a systemic intervention into the management of Uganda Printing and Publishing Corporation (UPPC) following numerous complaints on the administration, finances, human resource, procurement, marketing policy and irregularities in recruitments for instance that of a Managing Director. Inquiries in the latter case were conducted and it was recommended that the Board offers the post of Managing Director to the applicant who emerged the best candidate at the interview. However, he turned down the offer made. The Board decided to re-advertise the position.
In this second instance, the best evaluated candidate failed at security vetting. The Board then settled for the second best candidate who again turned down the offer. The Board
therefore appointed the third best candidate as Managing Director of UPPC in December 2014. However, barely five months after the Board irregularly terminated her appointment in May 2015. This office intervened in the matter and had her reinstated.
Consequently, the Minister for Presidency requested the Inspectorate of Government to investigate the possibility of a conflict of roles between the Board and management of UPPC among other things which widened the scope of the system study. These new considerations are being handled before a final report can be issued.
5.5.4 A systemic investigation into staff recruitment procedures at the Local Government Finance Commission (LGFC)The IG received a complaint wherein it was alleged that Local Government Finance Commission (LGFC) irregularly recruited a Senior Procurement Officer (SPO) who did not have the requisite academic qualifications of, a degree in Procurement; CIPS qualification; relevant Master’s degree; experience in use of IFMIS; and that the person did not have experience in procurement neither was she a member of the relevant professional body. Systemic investigations in this matter have been concluded. The Inspectorate used this opportunity to look into the overall process of recruitment at the Local Government Finance Commission and the findings are due to be released once the stakeholders have been informed.
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5.5.5 A systemic intervention into the alleged irregularities in the filling of positions at the restructured Secretariat of the National Agricultural Advisory Services OrganizationThis systemic investigation was carried out as a result of a complaint to the IG alleging that following a Cabinet directive that the National Agricultural Advisory Services (NAADS) Secretariat be restructured into a lean organization with a single spine structure, the Ministry of Agriculture, Animal Industry and Fisheries (MAAIF) together with the NAADS Board of Directors restructured the organization but the process of filling vacancies at the new NAADS Secretariat was marred with irregularities. Investigations were undertaken and a report containing the findings and recommendations was issued in April 2015. It was recommended that:
(i) The Board should consider relieving its Chairperson of the role of Chairperson of the Finance and Administration Committee to avoid a situation of conflict of interest;
(ii) The positions of Executive Assistant and Office Messenger should be internally advertised by the NAADS Board and filled following the principles of meritocracy, transparency, fairness and competition as provided for in the NAADS Human Resource Policies and Procedures Manual;
(iii) The Board aligns the short listing criteria for the positions highlighted in the report with the job specifications laid out in the job advertisements;
(iv) The resourcing strategy to fill the positions in the NAADS lean structure as adopted by the Board should proceed as earlier planned. If indeed the guidelines issued by the Hon. Minister MAAIF are critical to the functionality of NAADS, then the Board may include the relevant aspects of the guidelines in the selection criteria to be applied during the interview process;
(v) The Executive Director NAADS should ensure that all Board records are securely kept and further ensure that all Board and Board Committee minutes are approved and signed.
5.5.6 A systemic intervention into the payment of electricity bills atMulago Hospital ComplexThis systemic intervention was conducted as a result of a complaint from residents of the Mulago National Referral Hospital National Housing and Medical staff quarters who alleged that after UMEME Ltd disconnected electricity supply from the staff quarters, the District Manager UMEME-Wandegeya and the Executive Director Mulago National Referral Hospital failed to have the electricity reconnected when the matter was raised with them. Investigations into the matter established that:
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(i) UMEME Ltd disconnected electricity for the reason that there was an outstanding electricity bill of UGX: 915,294,162.44/= (Nine hundred fifteen million, two hundred ninety four thousand, one hundred sixty two and forty four cents only);
(ii) It was true that the affected tenants had approached the management of Mulago National Referral Hospital to help resolve the matter with UMEME Ltd and have the power supply reconnected. It was also evident that the management of the Hospital responded and engaged UMEME Ltd on this matter on various occasions but these efforts were frustrated by the actions of the affected tenants when they illegally reconnected electricity supply to the quarters;
(iii) The illegal reconnections made by the tenants were disconnected by UMEME Ltd;
(iv) According to the Mulago National Referral Hospital Tenancy Agreement, among the obligations of the tenant under condition No.11 is to pay all utility bills for all the period of occupancy. Furthermore, condition No.14 of the tenancy agreement prohibits tenants from making any modification to the premises including utility connections without clearance from the Estates Manager.
Given the above findings, it was recommended to the Executive
Director, Mulago National Referral Hospital to remind all affected staff of the hospital of their obligations to settle utility bills and further caution them to desist from engaging in acts of illegal connection of electricity to their houses. Any tenants found to be in the habit of stealing power should be turned over to UMEME Ltd for prosecution.
5.5.7 A systemic intervention into the alleged attempt to frustrate the Development of the Kasese Geothermal Power Project by the Uganda Registration Services Bureau and Department of Geological Surveys and Mines, Ministry of Energy and Mineral Development.This systemic intervention was also carried out as a result of a complaint to IG wherein it was alleged that Kasese Geothermal Power Project was being frustrated by the Uganda Registration Services Bureau (URSB) and Department of Geological Surveys and Mines (DGSM), Ministry of Energy and Mineral Development to get an operational license. IG followed up the procedural issues of obtaining a license and the URSB issued it to the concerned party.
5.5.8 A systemic intervention into the failures by Public Universities Joint Admissions Board (PUJAB) and Makerere University to consider a student on Government sponsorshipThis systemic intervention was initiated as a result of a complaint received from a student who alleged
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that PUJAB and Makerere University failed to consider him for Government sponsorship. Investigations were conducted and it was established that PUJAB and Makerere University procedures of Government scholarship are fair, transparent and properly disseminated to all schools and students. The point scores for the complainant against the cut-off points for every course he applied for were properly computed and the student acknowledged this when availed the evidence.
5.5.9 Challenges in carrying out Policy and Systemic Interventions As previously reported, the challenges faced still remained the same during the period under review. They include lack of sufficient human, financial and material resources. These have continued to inhibit the completion of the planned policy and systemic interventions.
5.5.10 Future PlansThe IG intends to complete the on-going systemic intervention into the management of Uganda Printing and Publishing Corporation (UPPC) and other on-going systemic interventions. In addition, IG intends to do the following;
(i) Initiate a systemic intervention into the management of Nursing and Midwifery training in Uganda;
(ii) Initiate a systemic intervention into the management of examinations by the Uganda Allied Health
Examinations Board (UAHEB);(iii) Initiate a systemic intervention into
the management of the bar course at Law Development Centre (LDC);
(iv) Conduct dissemination workshops for the affected stakeholders so as to enable implementation of recommendations thereof contained in the completed systemic interventions.
5.6 ENSURING TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT AND DONOR FUNDED PROJECTS
5.6.1 Second Peace, Recovery and Development Plan (PRDP 2)
The North of Uganda experienced a brutal civil war for nearly two decades, leaving the region’s social fabric destroyed, its infrastructure broken and its economy shattered. To meet the numerous challenges inherent to a post-conflict environment and to eradicate the grave poverty in Northern Uganda, the Government of Uganda initiated the Peace, Recovery and Development Plan (PRDP) in 2007.
PRDP 2 is designed to complete the post-conflict recovery process in the North. The overall goal of PRDP 2 is to consolidate peace and strengthen the foundations for development in Northern Uganda. The general target is to promote development of the districts of Northern Uganda to achieve national average levels of the main socio-economic indicators. PRDP 2 has four
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strategic objectives and these are:-
a) Consolidation of State Authorityb) Rebuilding and empowering
communitiesc) Revitalization of the economyd) Peace building and reconciliation
As a framework, the PRDP 2 also aims at an improved coordination of the reconstruction efforts taking place in Northern Uganda and includes a monitoring function of the activities taking place in accordance with their respective programmes. PRDP 2 also ensures that activities are not duplicated or overlap, so that greater efficiency in its implementation is provided.
The Inspectorate of Government (IG) closely monitored the implementation of PRDP 2 to ensure transparency, accountability and value for money. For instance, during the period under review the IG carried out inspection of two hundred (200) PRDP 2 projects in the districts of Amuru, Gulu, Kitgum, Lamwo, Pader, Alebtong, Amuria, Budaka, Kibuku, Tororo, Bududa, Bukedea, Bulambuli, Kween, Sironko, Buliisa, Masindi, Maracha, Moyo, Nebbi and Yumbe.
The objectives of the inspection were to establish:-
a) Whether the funded projects exist b) Whether the projects were
implemented in accordance with PRDP 2 guidelines
c) Whether there was value for money.
It was established that most of PRDP2 projects had been properly implemented and there was value for money. The few irregularities that were noted included the following:
a) Undue delays in completion of some projects. Some projects which were launched as far back as FY 2010/11, had not been completed to date.
b) Some Shoddy works in the sub projects that can be attributed to the use of incompetent Key technical personnel by contractors. Some contractors present C.Vs of qualified personnel to win bids and later these personnel do not take part in project implementation. Instead, another person whose competence was not assessed by the employer is used. This practice coupled with inadequate supervision of the projects by the employer greatly compromises quality.
c) Some politicians and civil servants continue to unfairly influence the award of contract for goods and services funded under PRDP2.
In addition to issuing the inspection report’s containing findings and recommendations to the relevant authorities for their action, the IG convened meetings where District Leaders and agreed on an action plan in the table below to improve PRDP 2 performance.
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Table VII: Action Plan on PRDP implementation from aConsultative meeting held in Lira
S/N ACTION PLAN
1 Final procurement plans should be readily made available to stakeholders within two (2) weeks of budget approval by the District.
2 Heads of department must submit budgets and work plans on a timely ba-sis to avoid unnecessary delays in the procurement process
3 Queries raised by the Solicitor General should be responded to within five (5) working days to avoid delays in contract approvals
4 Selection of staff to the Evaluation Committees should be based on high integrity and competence
5 Before award of contracts and services is communicated to any service pro-vider, due diligence should be conducted on the service providers
6 Procurement processes should be completed by 31st December for every financial year.
7All stakeholders including community members must be mobilized, sensi-tized and given adequate information to enable them ensure proper imple-mentation of PRDP projects
8A simple project monitoring tool should be developed and availed to help the community to easily monitor and document findings during project imple-mentation
9 Monthly site meetings, supervision, monitoring and reporting should be ob-served
10 The list of approved technical personnel of service providers must not be changed without the authority/knowledge of the District
11 Service providers must be paid within seven (7) days from the date when their works done or goods supplied is approved.
12Projects should be completed within the contract period given. However, in the event of any incomplete projects carried forward to a subsequent finan-cial year, they should be given first priority
13 Service providers who fail to deliver without satisfactory explanation must be recommended for blacklisting
14 Stakeholders MUST NOT give or accept gratification/bribes
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5.6.2 The Second Northern Uganda Social Action Fund (NUSAF 2)The Second Northern Uganda Social Action Fund (NUSAF 2) is a Government of Uganda Project established to improve access of beneficiary households in Northern Uganda to income- earning opportunities and better basic socio-economic services. The project has three components: (i) Livelihood Investment Support; (ii) Community Infrastructure
Rehabilitation and;(iii) Institutional Development.
The Institutional Development Component finances activities at the national, district, sub-county and community level aimed at improving efficiency, effectiveness, accountability and transparency in the use of project resources. It has two sub-components: (i) Project implementation support
which is implemented by the office of the Prime Minister and;
(ii) Transparency, Accountability and Anti-Corruption Component (TAAC) which is implemented by The Inspectorate of Government (IG).
The development objective of TAAC is “to promote good governance at all levels of project implementation”. IG used both enforcement and preventive/proactive measures for the
TAAC, including promoting: (i) community level transparency; (ii) systems of immediate reporting of
grievances;(iii) collaboration with anticorruption
agencies; (iv) support of audit, financial and
procurement management systems at all levels of implementation;
(v) built-in mechanisms of rewards and sanctions;
(vi) participatory monitoring tools; (vii) rapid results initiatives; (viii) development communication; (ix) gender mainstreaming.
Among other interventions, Social Accountability and Community Monitoring (SACM) activity was initiated by IG under TAAC to build the capacity of communities to identify corruption and improve accountability. The IG engaged a consortium of CSOs led by Uganda Debt Network to build the capacity of community monitoring groups to promote transparency and accountability in the implementation of NUSAF 2. The CSO partner has been training communities on their;
(1) roles and responsibilities, (2) community monitoring, (3) documentation of their activities. (4) anti-corruption reporting mechanisms, and By 30th June 2015, a total of 6,309
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citizens had been trained on social accountability and community monitoring. These citizens have started making positive contribution on government service delivery and accountability.
5.6.3 The Northern Uganda Social Action Fund 3 (NUSAF 3)IG participated in the design, appraisal and negotiation of the
Project Appraisal Document especially TAAC component of NUSAF 3 which is the successor project to NUSAF 2 project. The Parliament of Uganda finally considered and approved the request by government of Uganda to secure a loan from the World Bank to implement NUSAF 3 which is scheduled to take effect in December 2015.
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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 at the national, regional
and international levels. IG therefore, interacts with as many stakeholders as possible at national, regional 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 visits and study tours.
CHAPTER
SIX CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION
Senior staff retreat discussing the Strategic Plan of the Inspectorate of Government
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6.2 TRAINING AND INTERNATIONAL CO-OPERATION TABLE VIII: TRAINING AND INTERNATIONAL CO-OPERATION No. of Staff Course/Workshop/Meeting Duration Venue
Three(3) The European Anti-Fraud Office Operational Training. 21st – 27thJune 2015 Arusha,
Tanzania
One (1) Arinsa Forensic Accounting workshop. 21st – 25thJune 2015 Pretoria, South Africa
One (1)Training course on Economic Development Mode and Sustainable Development for Third World countries.
2nd – 26th June 2015 Beijing, China
One (1) Training in Managing People through Change: Attitudes and Behaviours. 13th – 21st June 2015 London, United
Kingdom
One(1)5th Commonwealth Review meeting of Heads of Anti-Corruption Agencies in Africa.
24th – 30th May 2015Dar Es Salaam, Tanzania
Three(3)Training in Public Procurement Functions, Anti-Corruption and External Audit.
16th – 23rd May 2015 Germany
One(1)Training in Development and Management of Service Outsourcing for Developing Countries.
10th – 25th May 2015 Beijing, China
One (1) 3rd Phase Training Programme for Heads of Investigations and Prosecution
22nd – 28th March 2015
Gaborone, Botswana
One (1)
Participation in the 29th Eastern and Southern African Anti-Money Laundering Group Taskforce of senior officials meeting.
22nd – 28th March 2015
Arusha, Tanzania
One (1)Participation in the 18th Meeting of the Sectoral Council on Legal and Judicial Affairs.
22nd – 29th March 2015
Zanzibar, Tanzania
Two (2)2nd Phase Training Programme for Heads of Investigations and Prosecution Divisions.
22nd – 28th February 2015
Gaborone, Botswana
One (1)
Participation in the Multi-Stakeholders workshop in support of the Implementation of the United Nations Convention Against Corruption (UNCAC) and its Review Mechanism.
16th – 21st February 2015
Addis Ababa, Ethiopia
Three (3) Training of Trainers in Crime Detection. 8th – 14th February 2015
Bujumbura, Burundi
Three (3)Educational Exchange Programme with the Administrative Control Authority of Egypt.
1st – 5th February 2015 Cairo, Egypt
One (1) Participation in the 2015 Seoul Debate on Anti-Corruption.
27th – 30th January 2015
Seoul, South Korea
One (1) Training in Contemporary Public Administration.
21st January – 5th February 2015 Mizra, Israel
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6.3 INTERNATIONAL COOPERATION6.3.1 IG hosted Kenyan OmbudsmanThe IG hosted a delegation from the Commission on Administrative Justice (Office of the Ombudsman) of Kenya from 19th – 22nd May 2015. The purpose of the visit was to benchmark and learn from the experiences of the IG in executing the Ombudsman mandate. Led by the Kenyan Ombudsman, Dr. Otiende Amollo, the delegation also comprised Dr. Regina Mwatha – Vice Chairperson, Ms. Saadia Mohammed – Commissioner, Mr. Leonard Ngaluma – Commission Secretary and Mr. Edward Okello – Director, Special Advisor to the Chairperson.
Kenyan Ombudsman delegation at the Inspectorate of Government
6.3.2 UK Christian Lawyers visitA team of Christian Lawyers from UK visited the IG to acquaint themselves with the role the IG plays in the fight against corruption. The 5-person team also wanted to share knowledge on the best practices and operation of Uganda’s legal system.
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UK Christian Lawyers visit at the Inspectorate of Government
6.3.3 The Administrative Control Authority (ACA) EgyptThe Administrative Control Authority (ACA) of Egypt and the Inspectorate of Government (IG) renewed and signed a Memorandum of Understanding. The Memorandum was signed at the ACA headquarters in Egypt in February 2015. The Memorandum will have the two parties exchange views, information and expertise in the field of combating corruption, conduct study exchanges as well as conduct training either in Egypt or in Uganda.
The ACA will support the IG on training of staff in specific areas and these will be specifically designed.
IGG and ACA representative signing MOU at the ACA headquarters in Egypt
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6.3.4 GIZ Implementation agreement signedThe Deutsche Gesellschaft fur Internationale Zusammenarbeit (GIZ) GmbH signed an Implementation Agreement with the Office of the Auditor General, Public Procurement and Disposal of Assets Authority and the Inspectorate of Government. The project’s objective aims to strengthen accountability and transparency in Uganda by supporting the three implementing institutions and is worth 2.7m Euros.
The heads of the implementing institutions appreciated the support and committed to ensuring that the activities to be undertaken will take the institutions to another level.
6.3.5 Study tour to the Federal Republic of GermanyThe Inspector General of Government, Director of Operations and Principal Planning Analyst were part of the team that conducted a Study to the Federal Republic of Germany under the GIZ Collaboration of Promotion of Accountability and Transparency in Uganda.
The purpose was to learn and share experiences and best practices in auditing, procurement and combating corruption.
The other members of the delegation included the Auditor General and his technical team and the Executive Director of PPDA and her technical team.
6.3.6 Courtesy call on His Highness Oyo NyimbaOne of the Deputy Inspectors General of Government led a delegation from the Directorate of Public Prosecutions (DPP) Denmark, DPP Uganda, Judiciary and Inspectorate of Government (IG), to the Palace of the King of Tooro. King Oyo Nyimba Kabamba Iguru and the Queen Mother received the delegation. In his remarks, His Royal Highness called upon the Anti-Corruption fighters to engage the youth in the fight against corruption. He noted that the youth are leaders of tomorrow and thus needed to be strategically engaged.
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Courtesy call to the King of Toro
6.3.7 DPP Denmark, DPP Uganda and Inspectorate of GovernmentcollaborationHis Excellency the Danish Ambassador to Uganda has indicated that the Danish Government is willing to continue supporting the collaboration between DPP Denmark, DPP Uganda and the Inspectorate of Government. The Ambassador held a meeting at his residence with the delegation from DPP Denmark, the DPP of Uganda and the Deputy IGG. The discussions centered on the future relations under the MOU that the three institutions signed in 2013.
6.3.8 Director of Public Officers’ Declarations of Malawi visits the IG The IG received and hosted a delegation from the newly formed Office of the Director of Public Officers’ Declarations of Malawi on an intensive one-week programme to study the Declaration of Income, Assets and Liability procedures in Uganda. The Directorate of Public Officers’ Declaration was established in October 2014 and is not yet fully constituted. The Director and staff of the Directorate of Leadership Code, the Director for Education and Prevention of Corruption and the Ag. Director Legal Affairs made various presentations to the delegation.
46
Malawi delegation sharing experience about assets declaration with the Director of Leadership Code.
Malawi delegation visit to Inspectorate of Government – Jinja Regional Office
6.3.9 Public Procurement Regulatory Authority (Tanzania) visitA delegation from the Public Procurement Regulatory Authority of Tanzania visited the Inspectorate of Government for a study tour on Governance, Accountability and Ethics. A presentation on procurement fraud and investigations was made (the presentation is available on the IG website).
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Tanzania delegation visit to the Inspectorate of Government
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CHAPTER
SEVENGENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS
7.1 INTRODUCTIONThe Inspectorate appreciates and commends the efforts made by Government and Development Partners and Agencies over the years to fund its activities and fulfill its mandate. However, despite these efforts, IG continues to face challenges arising from inadequate resources. These include insufficient funds for operational costs, understaffing and operating in rented premises.
Loopholes in existing legal framework also continue to have a negative impact on IG’s performance. As mentioned in IG’s previous reports to Parliament, lack of corporate status, Leadership Code Tribunal and lack of regulations to establish rules of procedure under the IG Act and Leadership Code Act continue to pose legal challenges to IG in implementing its mandate. Other challenges include: court delays, a poor record keeping culture in Government Institutions, not being able to keep ahead of sophistication in corruption techniques due to lack of training and appropriate equipment and inadequate institutional support in implementation of IG
recommendations.
7.2 RECOMMENDATIONSIn order to overcome the above challenges IG recommends the following:
7.2.1 Establishment of the Leadership Code TribunalThe IG recommends that Parliament as prescribed by law expedites the establishment of a Leadership Code Tribunal so as to facilitate the IG’s mandate in as far as enforcing the Leadership Code of Conduct is concerned. The amendment of the Leadership Code Act should also be expedited.
7.2.2 Improved fundingIG is an institution responsible for promoting good governance, preventing and combating corruption and enforcement of the Leadership Code of Conduct. Government should therefore, provide adequate funding for the IG to be effective in fulfilling its mandate.
7.2.3 Amend the law to give the IG Corporate statusThe law should be amended in order for the IG to attain corporate status.
7.2.4 Proper Record Keeping and Accounting PracticesSystems should be put in place to ensure that actions taken by Public Officers in the discharge of their duties are properly documented to guarantee transparency. Proper record keeping and accounting methods should be encouraged in all MDAs to avoid cases where proper audit cannot be carried out.
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7.2.5 Failure to discuss IG reportsParliament should debate the IG reports expeditiously as required under Article 231 (5) of the Constitution so that it comes up with recommendations on issues raised in the reports and for more effective performance of the functions of IG.
7.3 FUTURE PLANS7.3.1 Improved investigations and prosecutionsIG will continue to improve efficiency and effectiveness in investigations and prosecutions through on-the-job training and attachment of investigators and/or prosecutors to other prosecuting agencies.
7.3.2 TrainingThe IG will continue to improve on skills of IG staff through training and sharing information and experiences with other anti-corruption, Ombudsman and ethics institutions.
7.3.4 Construction of IG office premisesThe Inspectorate of Government acquired a piece of land for construction of IG head office and contracted consultancy services for the designing and supervision works for the IG headquarters. The consultancy, M/S Symbion, Uganda Ltd has begun work. The IG requires funding for this project.
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APPENDIX ASTATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION
OF THE IG ACTIVITIES FOR THE PERIOD
JANUARY – JUNE 2015
51
Investigations workload January – June 2015
The Inspectorate of Government had a workload of 7,260 investigations during the period January – June 2015. A total of 5,816 complaints were brought forward from the previous period and 1,406 were new complaints (including 67 cases that were initiated as a result of reviewing audit reports). The figure below illustrates how the workload was handled.
Figure 7: Work load January – June 2015
Republic of Uganda
64
Inspectorate of Government
Investigations workload January – June 2015
The Inspectorate of Government had a workload of 7,260 investigations during the period January – June 2015. A total of 5,816 complaints were brought forward from the previous period and 1,406 were new complaints (including 67 cases that were initiated as a result of reviewing audit reports). The figure below illustrates how the workload was handled.
Figure 7: Work load January – June 2015
5,816 Complaints
Brought Forward
1,406 New Complaints
Received
104 (1.4%) Complaints referred to
other agencies 5,984 Complaints & Verifications
In progress- 82.4%
950 complaints investigated & completed; 26
verifications done - (13.4%)
1,276 (17.6%) Files Concluded
WORKLOAD = 7,260 INVESTIGATIONS
Audit Reports reviewed
resulting in 67 Investigations
21 (0.3%) Complaints
Rejected
175 (2.4%) Backlog
disposed of
38New verifications of leaders’
declarations initiated
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The chart above illustrates that a big fraction of the complaints (63%) were received from men. Only a small percentage (9%), were received from women and those that came from groups of individuals were 16% and the complainants that did not disclose their identities were 12%. Majority of the complaints were received from men possibly due to the fact that they comprise a higher percentage of the workforce.
Complaints received through the SMS System
The Inspectorate of Government introduced the SMS system in June 2013 through which the public can forward their complaints to the IG by use of a mobile phone. During the reporting period January – June 2015, 61 complaints were received through the SMS system. A complaint is forwarded by typing the word CORRUPT and SMS to 6009.
Figure 8Categorization of Complaints Registered by Gender for the period January – June 2015
Republic of Uganda
65
Inspectorate of Government
Figure 8 Categorization of Complaints Registered by Gender for the period January – June 2015
The chart above illustrates that a big fraction of the complaints (63%) were received
from men. Only a small percentage (9%), were received from women and those that
came from groups of individuals were 16% and the complainants that did not disclose
their identities were 12%. Majority of the complaints were received from men possibly
due to the fact that they comprise a higher percentage of the workforce.
Complaints received through the SMS System The Inspectorate of Government introduced the SMS system in June 2013
through which the public can forward their complaints to the IG by use of a
mobile phone. During the reporting period January – June 2015, 61 complaints
were received through the SMS system. A complaint is forwarded by typing the
word CORRUPT and SMS to 6009.
Male 887 63%
Female 133 9%
Group 223 16%
Anonymous 163 12%
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Table IXNumber of Complaints Registered by the Inspectorate of Government Offices January – June 2015
S/No Office Number of Complaints Percentage
Kampala Headquarters 617 43.9%
Jinja 132 9.4%
Masaka 94 6.7%
Fort Portal 84 6.0%
Soroti 57 4.1%
Mukono 46 3.3%
Mbarara 41 2.9%
Gulu 40 2.8%
Kampala Regional Office 38 2.7%
Mbale 37 2.6%
Hoima 37 2.6%
Moyo 37 2.6%
Arua 34 2.4%
Tororo 33 2.3%
Moroto 30 2.1%
Kabale 28 2.0%
Lira 21 1.5%
Total 1406 100.0%
As indicated in the above table, most of the complaints were registered at Kampala Headquarters and the least complaints were registered at Kabale and Lira Regional Offices.
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Republic of Uganda
67
Inspectorate of Government
Figure 10 Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2005 – 2014
As seen from the above graph, the lowest number of complaints were registered in 2006
(1562) but since then there has been an upward trend of complaints registered especially
at the Regional Offices.
Figure 11
Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2005 –2014
The graph above shows that, the Inspectorate of Government investigates and completes
at least 1500 complaints each year. The number of complaints investigated and
completed were notably low in 2009 (831) due to the fact that during that time the
802 659 946 1023
781 941 1135 1210 1581
1301
1341
903
1142 751 785
1141 1234 1365
1295 1598
2143
1562
2088
1774 1566
2082
2369 2575
2876 2899
0
1000
2000
3000
4000
5000
6000
7000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
TotalComplaintsRegionalOfficesKampala HQs
1824
1474
2043
1389
831
1186
1530 1579 1575
2419
0
1000
2000
3000
4000
5000
6000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Total complaints
Regional Offices
Kampala Hqs
Republic of Uganda
67
Inspectorate of Government
Figure 10 Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2005 – 2014
As seen from the above graph, the lowest number of complaints were registered in 2006
(1562) but since then there has been an upward trend of complaints registered especially
at the Regional Offices.
Figure 11
Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2005 –2014
The graph above shows that, the Inspectorate of Government investigates and completes
at least 1500 complaints each year. The number of complaints investigated and
completed were notably low in 2009 (831) due to the fact that during that time the
802 659 946 1023
781 941 1135 1210 1581
1301
1341
903
1142 751 785
1141 1234 1365
1295 1598
2143
1562
2088
1774 1566
2082
2369 2575
2876 2899
0
1000
2000
3000
4000
5000
6000
7000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
TotalComplaintsRegionalOfficesKampala HQs
1824
1474
2043
1389
831
1186
1530 1579 1575
2419
0
1000
2000
3000
4000
5000
6000
2005 2006 2007 2008 2009 2010 2011 2012 2013 2014
Total complaints
Regional Offices
Kampala Hqs
Figure 9Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2005 – 2014
As seen from the above graph, the lowest number of complaints were registered in 2006 (1562) but since then there has been an upward trend of complaints registered especially at the Regional Offices.
Figure 10Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2005 –2014
The graph above shows that, the Inspectorate of Government investigates and completes at least 1500 complaints each year. The number of complaints investigated and completed were notably low in 2009 (831) due to the fact that during that time the institution did not have an IGG but since then the investigations completed have gradually been increasing hitting the highest level in 2014 (2,419) despite the increasing sophistication of the complaints handled.
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Table XComplaints received according to the districts for the period January-June 2015
S/N District Number of Complaints Percentage1 Kampala 325 23.1%2 Jinja 82 5.8%3 Wakiso 44 3.1%4 Kabarole 38 2.7%5 Iganga 31 2.2%6 Arua 27 1.9%7 Kabale 27 1.9%8 Kasese 27 1.9%9 Mukono 27 1.9%10 Soroti 27 1.9%11 Mbarara 26 1.8%12 Masaka 25 1.8%13 Rakai 25 1.8%14 Moyo 24 1.7%15 Tororo 24 1.7%16 Gulu 21 1.5%17 Lira 17 1.2%18 Mbale 17 1.2%19 Yumbe 17 1.2%20 Moroto 16 1.1%21 Hoima 15 1.1%22 Kalungu 15 1.1%23 Luuka 15 1.1%24 Mpigi 15 1.1%25 Not given 15 1.1%26 Busia 14 1.0%27 Kayunga 14 1.0%28 Kamuli 13 0.9%29 Kyenjojo 13 0.9%30 Lyantonde 13 0.9%31 Luwero 12 0.9%32 Kamwenge 11 0.8%33 Buikwe 10 0.7%34 Bukwo 10 0.7%35 Bundibugyo 10 0.7%36 Kaabong 10 0.7%37 Kibaale 10 0.7%38 Kiryandongo 10 0.7%39 Sembabule 10 0.7%40 Kiruhura 9 0.6%41 Kitgum 9 0.6%42 Kumi 9 0.6%
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43 Nakaseke 9 0.6%44 Ntungamo 9 0.6%45 Amuria 8 0.6%46 Kisoro 8 0.6%47 Lwengo 8 0.6%48 Bugiri 7 0.5%49 Bushenyi 7 0.5%50 Buyende 7 0.5%51 Maracha 7 0.5%52 Masindi 7 0.5%53 Namayingo 7 0.5%54 Zombo 7 0.5%55 Kalangala 6 0.4%56 Kaliro 6 0.4%57 Katakwi 6 0.4%58 Mayuge 6 0.4%59 Mityana 6 0.4%60 Serere 6 0.4%61 Amolatar 5 0.4%62 Budaka 5 0.4%63 Bukomansimbi 5 0.4%64 Buliisa 5 0.4%65 Gomba 5 0.4%66 Kapchorwa 5 0.4%67 Lamwo 5 0.4%68 Ngora 5 0.4%68 Alebtong 4 0.3%69 Bukedea 4 0.3%70 Ibanda 4 0.3%71 Kaberamaido 4 0.3%72 Kanungu 4 0.3%73 Kween 4 0.3%74 Manafwa 4 0.3%75 Mitoma 4 0.3%76 Mubende 4 0.3%77 Namutumba 4 0.3%78 Napak 4 0.3%79 Pallisa 4 0.3%80 Rukungiri 4 0.3%81 Sheema 4 0.3%82 Abim 3 0.2%83 Agago 3 0.2%84 Bududa 3 0.2%85 Isingiro 3 0.2%
S/N District Number of Complaints Percentage
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86 Kiboga 3 0.2%87 Kyankwanzi 3 0.2%88 Oyam 3 0.2%89 Pader 3 0.2%90 Adjumani 2 0.1%91 Amuru 2 0.1%92 Apac 2 0.1%93 Bulambuli 2 0.1%94 Butambala 2 0.1%95 Buvuma 2 0.1%96 Dokolo 2 0.1%97 Kibuku 2 0.1%98 Koboko 2 0.1%99 Kyegegwa 2 0.1%
100 Nakapiripirit 2 0.1%102 Ntoroko 2 0.1%103 Nwoya 2 0.1%104 Rubirizi 2 0.1%105 Butaleja 1 0.1%106 Nakasongola 1 0.1%107 Total 1406 100.0%
The table above shows that most of the complaints (23.1%) originate from Kampala and this has been the case even for the previous reporting periods. This is possibly attributed to its central location and the fact that most of the government institutions which the public complain against are located in Kampala. Other districts with relatively high number of complaints during this reporting period are Jinja and Wakiso.
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Table XIThe Nature of complaints Investigated and completed during the period January – June 2015
Corruption ComplaintsNumber of complaints Percentage
Abuse of office 157 16.5%Corruption 108 11.4%Misappropriation 70 7.4%Investigations arising from Audit Reports 66 6.9%Bribery 53 5.6%Embezzlement 47 4.9%Forgery 35 3.7%False Claims 30 3.2%Conflict of interest 29 3.1%Extortion 27 2.8%Nepotism/irregular recruitment 18 1.9%Sub Total 640 67.4%
Ombudsman ComplaintsMismanagement of public resources 84 8.8%
Nonpayment of salaries and other benefits 61 6.4%Property Disputes 37 3.9%Delay of service delivery 31 3.3%Victimization 29 3.1%Tenders & Contracts 28 2.9%Others 26 2.7%Sub Total 296 31.2%
Leadership Code ComplaintsAmassing wealth 6 0.6%Failure to declare 8 0.8%Sub Total 14 1.5%Total 950 100.0%
As indicated in the table above, abuse of office/ authority and corruption are the highest categories of the complaints investigated and completed by the Inspectorate of Government. During the period January – June 2015 abuse of office accounted for 16.5% of the total number of complaints investigated and completed while corruption accounted for 11.4% of the total number of complaints investigated and completed.
Of the ombudsman’s complaints, mismanagement of public affairs and nonpayment of salaries & other benefits form majority of the complaints that were investigated and completed comprising of 8.8% and 6.4% respectively.
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Table XIIDepartments/Institutions complained against during the period January – June 2015
No. DEPARTMENT/INSTITUTION Number of ComplaintsKampala
HqtsRegional Offices
Total Complaints
% age
1 District Administration 90 186 276 19.6%2 Individuals (Public officials) 79 168 247 17.6%3 District Service Commissions 46 69 115 8.2%4 Municipal & Town Councils 40 63 103 7.3%5 School Administration (Primary &
Secondary schools )28 63 91 6.5%
6 Uganda Police 35 51 86 6.1%7 Ministry of Public Service 17 25 42 3.0%8 Sub county Administration 10 27 37 2.6%9 Judiciary 19 14 33 2.3%10 Private companies /Organizations 19 12 31 2.2%11 Ministry of Lands (Especially Land
Registration Office)22 7 29 2.1%
12 Tertiary Institutions 22 5 27 1.9%13 Local Councils 0 24 24 1.7%14 Hospitals & health centers 8 9 17 1.2%15 Land Board 6 7 13 0.9%16 Ministry of Education 8 4 12 0.9%17 UNRA 9 3 12 0.9%18 Colleges/institutes 10 1 11 0.8%19 KCCA 5 5 10 0.7%20 Administrator General 8 1 9 0.6%21 Contract committees 0 7 7 0.5%22 DEOs 3 4 7 0.5%23 Ministry of Water and Environment 7 0 7 0.5%24 NAADS 4 2 6 0.4%25 NUSAF 3 3 6 0.4%26 Embassy 6 0 6 0.4%27 Education Service Commission 4 1 5 0.4%28 NSSF 5 0 5 0.4%29 UNEB 5 0 5 0.4%30 RDCs 5 0 5 0.4%31 Ministry of Health 4 0 4 0.3%32 Banks 4 0 4 0.3%33 Ministry of Energy 4 0 4 0.3%34 Uganda Land Commission 3 1 4 0.3%35 URA 3 0 3 0.2%36 IG 2 1 3 0.2%
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No. DEPARTMENT/INSTITUTION Number of ComplaintsKampala
HqtsRegional Offices
Total Complaints
% age
37 Ministry of Works 2 1 3 0.2%38 District Engineers 1 2 3 0.2%39 Electoral Commission 1 2 3 0.2%40 NFA 2 1 3 0.2%41 Ministry of Gender 3 0 3 0.2%42 NWSC 2 1 3 0.2%43 DISO/GISO 3 0 3 0.2%44 Ministry of Tourism 3 0 3 0.2%45 President’s office 1 2 3 0.2%46 UWA 3 0 3 0.2%47 ISO & UPDF 1 1 2 0.1%48 DPP 1 1 2 0.1%49 JCRC 2 0 2 0.1%50 Ministry of Local Government 2 0 2 0.1%51 NGOs 2 0 2 0.1%52 Public Service Commission 2 0 2 0.1%53 Company Registry 2 0 2 0.1%54 UMEME 2 0 2 0.1%55 NDA 2 0 2 0.1%56 UNBS 2 0 2 0.1%57 Uganda Prisons 1 0 1 0.1%58 DPACB 1 0 1 0.1%59 OPM 1 0 1 0.1%60 Ministry of Lands 0 1 1 0.1%61 CAA 1 0 1 0.1%62 Immigration Department 1 0 1 0.1%63 State House 1 0 1 0.1%64 Uganda AIDS Commission 1 0 1 0.1%65 National Medical Stores 1 0 1 0.1%66 Attorney General 1 0 1 0.1%67 UBC 1 0 1 0.1%68 Health Service Commission 1 0 1 0.1%69 Ministry of Internal Affairs 1 0 1 0.1%70 UPPC 1 0 1 0.1%71 UETCL 1 0 1 0.1%72 Ministry of finance 1 0 1 0.1%73 Judicial Service Commission 1 0 1 0.1%74 DEI 1 0 1 0.1%75 PPDA 1 0 1 0.1%76 National ID Project 0 1 1 0.1%77 New Vision & Printing Corporation 1 0 1 0.1%
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No. DEPARTMENT/INSTITUTION Number of ComplaintsKampala
HqtsRegional Offices
Total Complaints
% age
78 Others (e.g. audit queries) 0 14 14 1.0%79 Total 617 789 1406 100.0%
The table above indicates that the most complaints received by the Inspectorate of Government during the period January – June 2015 were those against District Administrators accounting for 19.6% of the total complaints received. There are several types of corruption that occur in local government. Local governments may be more susceptible to corruption because interactions between private individuals and officials happen at greater levels and with more frequency. For instance there is corruption reported in procurement of contractors to undertake various projects in the districts and forms of corruption pertaining to money such as bribery, extortion, embezzlement, and graft are found in local government systems. There is therefore, need to strengthen auditing in local governments.
The second category that was most complained against was that of individual public officials accounting for 17.6% of the total complaints registered. These are public officials who were alleged to have used their offices for private gain in their individual capacities.
The 3rd category was that of District Service Commissions accounting for 8.2% of the total complaints received. The complaints against District Service Commissions relate to recruitment and selection, disciplinary procedures and practices. The roles and responsibilities of the DSC in particular recruitment is
complex and involves coordination with a number of institutions both at the local and national level. These processes overload the DSC which has to recruit staff for the districts sometimes under intense pressure. Whereas, the DSC are composed with qualified members and duly constituted, because of the manner in which it is appointed, political influence sometimes finds its way into the recruitment process, sometimes resulting into recruitment of weak candidates. This has led to the raise in the complaints against DSC registered at the IG. It is therefore, recommended that the institutional and legal position of the DSC be safeguarded from political influence peddling.
The 4thranked category was that of Municipal Councils/Town Councils accounting for 7.3%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. Municipalities require more local officials to represent and run the local government. However, with more officials, it is harder to keep tabs on each one and establish a decent administration and monitor their activities. This encourages corruption to occur because there is less likelihood of either getting caught or prosecuted,
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therefore, more officials become dishonest in their day to day work.
The 5th ranked category was that of School Administration for both primary and secondary schools. Most complaints against school administration involved mismanagement, nonpayment of teachers, victimization/oppression and general misconduct. There is need to demand a commitment to high quality education that’s available to all. For this, policy information that’s clear and easy to
understand is needed. National, district and school budgets need to be published in detail so that the public can monitor how resources are allocated. Confidential complaint channels are essential to report suspected corruption without fear of retaliation. It’s important to have clear regulations controlling education finance and management. These give guidelines on new schools, exam processes and fees. Regular external audits must take place to detect and deter fraud. And frequent school inspections can prevent corruption in teacher management and behavior.
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APPENDIX B
ARRESTS
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TABLE XIII: ARRESTS EFFECTED BETWEEN JANUARY – JUNE 2015
S/N REFERENCE PARTICULARS OF SUSPECT OFFENCE(S)
1.Crim. Case No. 103/2011
Mr. Abdi M. Karim, Operations Manager of Hared Petrol Station in Jinja.
Disobedience of court orders. Failure to appear in Court to testify.
2. HQT/35/11/14D/AIP Mbonekyeirwe Tobius Police Officer attached to CPS Kabale.
Corruptly soliciting for and receiving gratification.
3. GUL/07/12/11Anthony Vincent Opio, Senior Assistant Town Clerk, Gulu Municipal Council.
Abuse of Office, Forgery.
4. HQT/52/1/2014Kabanda Edrisa, State Prosecutor, DPP, Kapchorwa Station.
Corruptly soliciting for and receiving gratification.
5. HQT/52/1/2014Namugqere Asanas Nancy, Office Attendant DPP, Kapchorwa Station.
Corruptly soliciting for and receiving gratification.
6.HCT-AC-SC-0121/12
Okello D. Louis, Civil Engineer, Amuru DLG.
Warrant of Arrest for jumping bail.
7. JNJ/01/06/2013Wamuzigo Fred, Assistant Engineering Officer Civil, Kamuli DLG.
Causing Financial Loss.
8. FP/06/04/2014Birungi Norman, Chairman Kyegegwa DLG.
Abuse of Office.
9. FP/06/04/2014Amanya Latif Ibrahim, Vice Chair-man Kyegegwa DLG.
Conflict of Interest, Nepotism.
10.ACD-CSC No.109/2012
Otim Filbert Baijuka, Principal Human Resource Officer, Amuru DLG.
Warrant of Arrest by IGG for failing to appear to testify in Court.
11. MKN/2/10/2015Musoke Paul, LC III of Njeru Town Council.
Refusal to record statement.
12. HM/06/06/2014Kirungi Kadir, Chairman Busiisi Division, Hoima Municipal Council, Hoima District.
Abuse of Office.
13. HM/6/6/2014Muganzi Samuel Senior Assistant, Town Clerk, Busiisi Division, Hoima Municipal Council, Hoima District.
Abuse of Office.
14. MKN/2/4/2015Bironde Hamza, Police Officer attached to Koome Police Station.
Alleged soliciting and receiving a bribe.
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15. MKN/8/4/2015Obalim Bosco, Health Inspector Bale County, Kayunga District.
Abuse of Office (charging illegal fines).
16. MKN/8/4/2015Nansaba Milly, Parish Chief Kitimbwa Sub-County Kayunga District.
Abuse of Office (charging illegal fines).
17. MKN/8/4/2015Lukabwe John, Parish Chief Nkokonjeru Parish, Kayunga District.
Abuse of Office (charging illegal fines).
18. KLA/01/05/2015Patrick Obbo Oneko, State Attorney (RSA) of Mubende.
Alleged soliciting and receiving a bribe.
19. ARU/05/02/09Peter Okello, Ag. Chief Administrative Officer, Zombo District Local Government.
Abuse of Office.
20. ARU/05/02/09Michael Kermundu, Ag. Chief Finance Officer, Zombo District Local Government.
Abuse of Office.
21. HQT/87/3/2015Nabukenya Mastula, Human Resource Officer, Office of the Prime Minister.
Embezzlement,Causing Financial Loss,Abuse of Office,False Accounting.
22 HQT/87/3/2015Makutubu Moses, Driver, Office of the Prime Minister.
Forgery.
23. MBR/07/6/2015ASP Atwire Francis, Police Officer attached to Rwizi Regional Police Hqt, Mbarara.
Alleged corrupt soliciting and receiving gratification.
24. MUK/2/06/2015Moses Butamanya, Court Clerk G1 Magistrates Court, Kayunga.
Alleged soliciting and receiving a bribe.
25. HQT/89/06/15Nabirye Rebecca, Court Clerk G1 Magistrates Court, Kira.
Alleged soliciting and receiving a bribe.
26. KLA/18/06/15Kibahwire Annet, School Bursar, Kitebi S.S.
Corruptly offering gratification.
27. MBL/16/06/15David Odicha, P.C No. 38385 Police Officer attached to VIIPU Nsambya.
Alleged soliciting and receiving a bribe.
28. MBL/16/06/15Amuza Waiswa, Deputy Head Teacher of Budaka Primary school.
Alleged soliciting and receiving a bribe.
S/N REFERENCE PARTICULARS OF SUSPECT OFFENCE(S)
66
APPENDIX C
PROSECUTION CASES
67
TABLE XIVSUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JANUARY – JUNE 2015
S/N NAME OF ACCUSED COURT REFERENCE NUMBER
OFFENCE COMMITTED OUTCOME
1
Gizibui Sam Gizamba & Anor, Sub-County Chief and Sub-Accountant of Buwalasi Sub-County, Sironko district.
Cr Appeal No 29/2013
Embezzlement,Causing Financial Loss and False accounting
1st Respondent was convicted on appeal before the high court-ACD. He was sentenced to imprisonment for 3 years and ordered to refund Ug Shs.2,553,400/= funds embezzled.
2
Christopher Odongo, Advisor, Restoration of Agricultural Livelihoods in Northern Uganda (RALNUC) Sector support by DANIDA.
Cr Appeal No 005/2014
Causing financial loss and False Accounting
High Court upheld ruling of trial court on Appeal and further enhanced the refund to be paid by the accused from UgShs.41,612,000/= to UgShs.61,145,500/=.
3Turyabahika Sephats, former head teacher of Makobore High school.
Cr Case No 045/2014
Abuse of Office, Embezzlement and Causing Financial Loss.
Convicted and sentenced to 3 years imprisonment and a refund of Ug Shs.3,430,500/=.
4G. W. SsaziAg. Town Clerk of Njeru TC.
ACD-CSC-81/2012 Abuse of office Convicted and sentenced to a fine of Shs.3million or 3 years imprisonment in lieu.
5Ernest EnzamaAsst CAO of Maracha District.
Cr Case No 41/2014
Offering gratifi-cation
convicted and sentenced to 12 months imprison-ment
6Bamwira Richard, former Finance Officer, Kampala Central Division, Kampala.
ACD 138/2011Embezzlement and false accounting by a Public Officer.
convicted
7Gawaya Andrew State attorney formerly attached to DDP office in Ibanda.
Cr case No 164/2014
Soliciting and receiving gratification
He was sentenced to 4 years imprisonment or a fine of 4 millionUg. Shillings.He appealed High Court Upheld the conviction.
8
Nassembule George Office Attendant, Directorate of Public Prosecutions, Nsangi Sub-County Court.
Cr Appeal No 5/2015
Soliciting and receiving gratification
Convicted. He was sentenced to one and half years in prison without an option of a fine. He appealed Court upheld the conviction and sentence.
9Lukubo Benson and PC OdamaPolice Officer and businessman.
Cr 0024/2013
Soliciting receiving gratification and personating an officer of the IG.
Convicted
10 Owona Walter, former CDO, Amuru District. GUL 172/2013
Forgery and uttering forged documents.
Convicted
68
11
Bwahuha GedeonIthunga EresiKizza Jackson
All teachers at Nyakiyumba Senior Secondary School, Kasese District.
Kasese Crim Case 250/2014
Uttering forged appointment letters and posting instructions.
Convicted and sentenced to a fine of Ug. Shs.500,000/= or imprisonment for 1 year in lieu thereof.
12
Kisembo Moses Bahemuka, Kocho Mark, Illukor Jobs and Ogobi LillianA1 Chief Administrative Officer.A2 Chief Finance Officer.A3 Deputy Chief Administrative Officer.A4 Commercial officer
ACD-CSC-078/2013
Embezzlement and Causing Financial Loss.
A4 was convicted on charges and sentenced to 4years and 2 years imprisonment and also told to refund Ug. Shs.88,480,000/=.A1, A2 and A3 were acquitted.
13
Mukiza Harrison Supervisor with Allied Health Professionals I/C of Soroti-Karamoja Region.
ACD-C0-079/2014Soliciting for and receiving gratification.
Convicted and sentenced to a fine of Ug. Shs.2,000,000/= or 1 year in prison in lieu.
14Bonyo GodfreyO/C CID of Kazo Police Station, Kiruhura district.
ACD 110/2012Soliciting and receiving Gratifi-cation.
Convicted and sentenced to 1 year in prison without an option of a fine.Court further disqualified him from holding a public office for 10 years from the date of conviction.
15Ayesiga Suluman, Senior Accounts Assistant, Kyegegwa District.
ACD 0012/2012
Causing Finan-cial loss, Em-bezzlement and Abuse of office.
Convicted on charges of Causing Financial Loss and Abuse of office and sentenced to 3 years imprisonment. But was acquitted of charges of Embezzlement and false accounting.
16Aguti Margaret Process Server, Magistrate Grade II Court, Serere district.
141/2014Soliciting and receiving gratifi-cation.
Convicted and sentenced to pay a fine of Ug. Shs.1,400,000/= in default serve 4 months in Count 1 and 6 Months in Count II.
17
Utuya Abraham and Ochero Simon.ACD-CSC 078/2013
A1.Ag District NAADS Coordinator, Kabong and A2 Sub-County Chief Kapedo S/C.
ACD CO 127/2014 Abuse of Office and Forgery,
A1 was convicted while A2 was acquitted.
S/N NAME OF ACCUSED COURT REFERENCE NUMBER
OFFENCE COMMITTED OUTCOME
69
18
Sam OsongolCourt Clerk/Office SupervisorLaw Development Center.
Cr case No. 003/2013
Soliciting and receiving gratification.
Convicted
19Akankwasa Damien, Executive Director, National Forest Authority.
ACD 70/2010 Abuse of OfficeConvicted and sentenced to two years imprisonment.
20
Tumusiime Timothy Volunteer National Community Service Program attached to Mbarara Magistrate Court.
ACD/CSC/017/2012
Corruptly soliciting for and receiving gratification.
Convicted and sentenced to a fine of Ug. Shs.1,000,000/=.
21CPL Musinguzi Abel, Police Officer at Mbar-ara Police Station.
ACD 026/2014
Corruptly soliciting for and receiving gratification.
Convicted and sentenced to a fine of Ug. Shs.1,000,000/= or 18 months imprisonment.
22Mutesasira John Drinkwater, Assistant Engineer Bombo Town Council
ACD-CSC- 13/2011Causing financial loss and abuse of office.
Convicted and sentenced to a fine of Ug. Shs.2,000,000/= and ordered to refund Ug. Shs.4,000,000/=.
23
Matega Aquino Assistant Law Enforcement Officer, Masaka Municipal Council.
HCT-00-AC-SC-0098/2012
Corruptly soliciting for and receiving gratification.
Convicted and sentenced to imprisonment for 2 years.
24Atai Hellen Doreen and Dr. Eumu Silver, CFO and DHO Amuria District.
Cr Case 0021/2013
Embezzlement, Causing Financial loss and False accounting.
Convicted and sentenced to imprisonment and ordered to refund monies Embezzled.
25 GashenyiJohn Wycliffe.
Cr Appeal No. 240/2010 Causing
Financial loss.
Court upheld the conviction and dismissed the Appeal.Sentence enhancement was set aside.
26 Cheptuke Kaye, Mag-istrate
Cr Appeal No /2012 Soliciting and receiving gratification.
Court of Appeal upheld conviction.
27
Semambo Stephen, Director General Construction and Maintenance Co Ltd, Kampala.
BUG RD 762/2011.Fraudulently procuring a tender.
Acquitted
S/N NAME OF ACCUSED COURT REFERENCE NUMBER
OFFENCE COMMITTED OUTCOME
70
28Aziku Gad, Senior District Staff Surveyor, Arua District.
ACD-CSC-29/2014 Receiving gratification. Acquitted
29Bukirwa Florence, LCII Secretary, BukalasaKampala District.
ACD-025-2013Soliciting and receiving gratification.
Acquitted
30
Michael Kakonge, Overseer/Foreman of Jinja Municipal Council, Jinja Local Government.
CSC 103/2011Embezzlement and False Accounting.
Acquitted
31 Wewe Dominic and Dr. Opigo
ACD-CSC-N0 144/2014
Causing Financial loss and Abuse of office.
Case was withdrawn against A2.
32
Mamuzigo Fred and Mubiru Paul, Engineering Assistants, Kamuli District Local Government.
HCT-00-ACD-15/15 Causing
Financial loss. Case was withdrawn.
33 LuwagaMilly and oth-ers. ACD 143/2014
Causing Financial loss, Embezzlement and Abuse of Office.
The case was withdrawn against others save for MawandaDanstan.
34 Higenyi Abdul Co 054/2014 Causing Finan-cial Loss. Case withdrawn.
35 Ariko Patrick ACD -029-2013
Soliciting and receiving gratifi-cation and extor-tion of money.
Case abetted because accused person died in January 2015.
S/N NAME OF ACCUSED COURT REFERENCE NUMBER
OFFENCE COMMITTED OUTCOME
71
TABLE XVON-GOING PROSECUTION/PENDING CASES BY THE END OF JUNE 2015
S/N NAME OF ACCUSED COURT REFERENCE NUMBER OFFENCE COMMITTED
1Jane Mpeirwe, Principal Inspectorate Officer, Inspectorate of Government, Arthur Mpeirwe advocate and Kaguta former RDC.
ACD-CSC 61/2014Soliciting and receiving gratification, Abuse of office.
2Bernard David Wandera, former Director Soroti Flying School, Soroti.
ACD No. 33/2014 Embezzlement and Diversion of funds.
3Asiimwe Joseline, Ogwang Patrick and Ikotot Francis, former top managers of Nambole Stadium.
ACD-CSC-172/2014Abuse of office, Embezzlement and neglect of duty.
4Tusiime Elias, Fisheries Officer, Mugoye sub-county, Kalangala District.
ACD-CSC- 173/2014 Soliciting and receiving gratification.
5Joseph Walugembe, Executive Director, Uganda National Cultural Centre.
ACD 131/2012Embezzlement, causing financial loss and abuse of office.
6Kafero Edward, Plumber with National Water and Sewerage Corporation, Kampala.
CSC 187/2011 Embezzlement and abuse of office.
7 Maliisa Ziphora, Principal Person-nel Officer, Abim District. ACD 06/2011 Uttering forged documents.
8 Wanyaka Samuel Hauxley, Director Parliamentary Budget Office. ACD-CSC-091/2014
Embezzlement, Abuse of Office and False Accounting by Public Officer.
9 Mugisha Fred, State attorneyDPP Mityana. ACD 12/2014 Soliciting and receiving
gratification.
10Bainomugisha John Bosco, NAADS Coordinator of Birere Sub-county Isingiro.
ACD-CSC-80/2014 Receiving gratification.
11Karakire Stephen, Grade II Magistrate, Lyantonde Magistrate’s Court.
CSC 217/2011 Corruptly soliciting and receiving a gratification.
12 Apaga Charles, Police Officer attached to Kibaale district. ACD-CSC 005/2014 Soliciting and receiving
gratification.
13 Ocuga Francis, State Attorney, Adjumani Office. ACD-CSC 24/2014 Abuse of office.
14Ekungu Simon Peter, Sub-County Chief, Ngora Sub-County in Kumi District.
ACD CR CA 19/2011 Corruptly soliciting for and receiving a gratification.
15 Kitsumbire Thembo, member District PAC, Kasese. KAS-00-644/2012 Uttering false documents.
16 Awili Agnes, District Environment Officer, Abim District. CR 0185/12 Uttering false documents.
17Nalubega Sansa Town Clerk Bweyale Town Council and Tegras Mugisa Treasurer Bweyale Town Council.
ACD-017-2013 Causing financial loss and Abuse of office.
18Katamba Fred, Senior Assistant Secretary, Mukono District Local Government.
ACD-CSC-25/2014 Soliciting and receiving gratification.
72
19 Anguzu Robert, Planner, Arua District Local Government Arua Cr Cs 213/2013 Soliciting and receiving
gratification.
20 Wewe Dominic and District Engineer, Moyo District ACD 144/2014 Causing financial loss and
Abuse of office.
21Mawanda Dunstan, Senior Commercial Officer, Njeru Town Council.
ACD 143/2014Causing Financial loss, Embezzlement and Abuse of Office.
22 Onen George, Records Assistant, Amuru Local Government. ACD 109/2012
Abuse of office, Uttering forged documents and giving false information.
23 Atuhairwe James, District Engineer, Kole District. ACD-CSC 98/2014
Neglect of duty, Abuse of office and causing financial loss.
24Eng. Kitutu Naboya Patrick, District Engineer, Manafwa District.
ACD 106/2012 Causing financial loss.
25 Okello Louis P’Abur, head Civil Engineer, Amuru District. ACD 121/2012 Abuse of office and
corruption.
26Wamuzibira Dathan, Municipal Engineer, Jinja Municipal Council, Jinja District.
CSC 105/2011Embezzlement and Causing financial loss, False Accounting.
27Afaro Gilbert, a resident of Seme A, Buhasaba Parish, Buhehe Sub-County, Busia.
BUG. RD. CR. CA 1041/2011
Obtaining goods by falsepretence, Uttering false documents.
28 Bamulutira Edward, State Attorney Arua DPP’s Office. CSC 0076/2012 Corruptly soliciting for and
receiving a gratification.
29 Sagal Simon Lolim, former Vice Chairperson LC V, Nakapiripirit.
HCT-ACD-CSC-0050/2012 Abuse of office.
30 Anecho Stephen, Ag. Town Clerk, Nebbi Town Council. ACD 125/2012 Abuse of office.
31 Okoli Richard, CAO Oyam District and Omara Hudson Acting CFO. ACD-36-2013 Causing financial loss and
Abuse of office.
32Lulu Francis Selle, former Head teacher of Allere Secondary School, Moyo District.
ACD-68-2013 Abuse of office.
33 Atai Hellen Doreen, Chief Finance Officer, Amuria and Alioki Richard. ACD-06-2013 Abuse of office and
Embezzlement.
34 Obina Hallan, NUSAF Facilitator, Nwoya Amuru District. CO-OO-GUL-171-2013 Uttering false documents.
35 Napok Paulus Matembu, Examiner Accounts, Manafwa District.
TOR-CR-CO 0318/2013 Uttering false documents.
36 Kalungi Robert, Principle Inspectorate Officer,IG ACD-CSC 19/ 2014 Soliciting and receiving
gratification.
37 No. 41499 DC Dramadri Johnson, Police Officer attached to CPS Arua ACD-CSC-85/2014 Soliciting and receiving
gratification.
38 Epaju Pius, former Town Clerk, Pallisa current CAO Amuria. Cr Case No. 401/2007
Embezzlement, abuse of office and causing financial loss.
39BalyebulyaKaija Richard Community Development Officer,Bundibugyo District.
BundibugyoCr Case No. 267/2014 Uttering false documents.
40 Evelyn Lanyero and Salwa Sadat, teachers in Gulu District. HCCR App 3/2008 Uttering forged documents.
S/N NAME OF ACCUSED COURT REFERENCE NUMBER OFFENCE COMMITTED
73
41
Rose Ochom, former CAO Kumi, Johnson Opolot, former Assistant CAO, Charles Okalebo, former Principal Accounts Assistant, Amos Stanley Omongo, former Internal Auditor.
Kumi case No. 412/2007
Abuse of office and Causing financial loss.
42 Mbebembeire Mathias, KakoniLC V Chairperson, Bushenyi. Cr Case No. 155/2014
Uttering false documents and presenting false documents to an officer of the IG.
43 Akankwasa Damian, former Executive Director, NFA. ACD 69/2010 Illicit enrichment.
44
Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary, David Ssalango Kanakulya, Head of Finance, Sebunya Herbert, Internal Auditor, Suzan Wanume, Senior Assistant Electoral Officer and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission.
BUG-CR-1695-2001 Causing financial loss and Abuse of office.
45Professor Okedi Chairman Kyambogo University Council and 7 others
ACD- 59-2013 Conflict of interest and disobedience of IG orders.
46 Hamudan Musa, Ag Office Supervisor, Mbarara High Court. ACD-CSC-70/2014 Soliciting and receiving
gratification.
47 Sam Songol, Court Clerk/Office Supervisor LDC. ACD-003/13 Soliciting and receiving
gratification.
48Irumba Mbabali Ancletus, Senior Town Engineer, Hoima Municipal Council.
CSC 207/2011 Causing financial loss and Abuse of office.
49 Isabirye Samuel CSC 180/2011 Corruptly soliciting and receiving gratification.
50Anthony Vincent Opio, Senior Assistant Town Clerk, Gulu Municipal Council.
ACD CSC No. 005/2015 Abuse of office and forgery.
51
Kirungi Kadir & Muganzi JoshuaA1 is the Chairperson LC III, Busisi Division, Hoima Municipal Council,A2 is the Senior Assistant Town Clerk, Busisi Division, Hoima Municipal Council.
ACD CSC No. 26/2015 Abuse of office.
52
Kabanda Edrisa and Namugwere Asanans Nancy, State Prosecutor and Office Attendant respectively, Directorate of Public Prosecution’s office in Kapchorwa District.
ACD CSC No. 007/2015
Corruptly soliciting for and receiving gratification.
53Nakitende Annet, Court Clerk, Mukono Chief Magistrate`s Court ACD CSC No.
28/01/2015Corruptly soliciting for and receiving gratification.
S/N NAME OF ACCUSED COURT REFERENCE NUMBER OFFENCE COMMITTED
74
54Hadija Namutebi, Enrolled Nurse, Kawolo Hospital. ACD CSC 166/2014
Abuse of office, Theft, Unlawful possession of Government Stores and Neglect of Duty.
56 Birende HamzaOC CID Koome Police Station.
Soliciting and receiving a bribe.
57Peter Okello and Kermundu Michael, Ag CAO and Asst CAO Zombo District.
ACD 039/2015 Causing financial loss, Abuse of office.
58Butamanya Moses, Tushabomwe Clare, Ruth Abonga and Natukwatsa Fausta, Court Clerk, Office Attendant.
Cr Case No. 0050/2015 Soliciting and receiving a bribe.
59ASP Katwire Francis, Police Officer attached to Rwizi Regional Police headquarters, Mbarara
ACD Cr Case No. 0055/2015 Solicitation fora bribe.
60Umar Kakonge, Sub-County Chief of Wakisi Sub-County, Buikwe District.
Cr Case No. 0053/15 Offering gratification to an IG officer.
61 No. 38385 PC Odicha David and Waiswa Amuza.
Corruptly soliciting for and receiving gratification.
62 Patrick Obbo Oneko, Resident State Attorney of Mubende.
HCT-00-ACD-CO 0031/2015
Corruptly soliciting and receiving gratification.
63 Kansiime Resty, Police Officer in charge of Mukono Police Station. Uttering forged documents.
64Norman Birungi and Amanya Latif IbrahimA1 is Chairperson of Kyegegwa district and A2 Vice Chairperson.
HCT-AC-0020/2015
A1 Abuse of office and A2 Nepotism and Conflict of interest.
65Mbinikwire Tobias D/AIP Kabaale Central Police Station.
ACD 22/2015 Corruptly soliciting for and receiving gratification.
S/N NAME OF ACCUSED COURT REFERENCE NUMBER OFFENCE COMMITTED
75
TABLE XVI: CRIMINAL APPEALS BY THE END OF JUNE 2015
S/N NAME OF APPEL-LANT
NAME OF RESPON-DENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMIT-TED
1 Bagarukayo Charles Uganda (IG)
Acquitted in court of first instance, Convicted on all counts on ap-peal, he appealed against the con-viction to court of appeal.
COA-CA-80/2013
Abuse of office and causing Fi-nancial loss.
2 David 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 and Embezzle-ment
3 Labong William Ken-neth Uganda Appeal against
conviction.Cr Appeal No. 9/2013
4
Ndigasara Joseph alias Bakanga Muganyizi, former Headteacher of Kitai-huko Primary School, Kyenjojo District.
Uganda Appeal against conviction. FP CSC 531/12
Personating a person named in a certificate
5Cheptuke Kaye David, Magistrate Grade I, Kisoro.
Uganda(IG)
Court of Appeal upheld conviction by High Court. Convict’s ap-peal to Supreme Court was heard. Matter awaiting judgement
SC- CRA-01/2013
Corruptly soliciting and receiving a gratification.
6Mwanja Charles,District Prisons Com-mander-Kasese
Uganda(IG)
Convicted by the trial court, Ap-peal upheld by High Court. Sec-ond appeal was heard, matter awaiting judge-ment.
COA CR AP-PEAL No. 35/2012.
Abuse of office and causing fi-nancial loss.
7Achiga JohnChaiga, District Engineer, Moyo
Uganda(IG)
Convicted by Trial court, con-viction upheld by High court, appellant filed an appeal in Court of Appeal.
COA CRIM APPEAL No. 295/2010
Abuse of office and causing fi-nancial loss.
76
8Adimo Alaba Mark, Head Teacher Kabong S.S.S
Uganda (IG)
Acquittal of lower court overturned and convicted by the High Court. He filed a second appeal.
COA 29/12
Embezzle-ment and abuse of office.
9Gashenyi John Wy-cliffe, former Town Clerk, Kiboga.
Uganda(IG)
Convicted by Trial court, conviction upheld by High court, appellant filed an appeal in Court of Appeal.
COA-CR-APP-240-2010
Abuse of office.
10 Ndifuna Moses, Magis-trate GII, Mbarara. Uganda (IG)
Conviction of the lower court upheld.
SC-CRA-
Corruptly soliciting and receiving a bribe.
11 Uganda Lanyero Evelyn
Acquitted on appeal, made a further appeal.
HCT- GUL –CR App- 2/2012
Uttering of false docu-ment.
12
Margret Kobusingye and Wanyana, Se-nior Economist/Desk officer in charge of the Water and Sanitation Sector with Ministry of Finance, A2 was a Senior Assistant En-gineering Officer with Ministry of Works.
Uganda(IG)
Convicted by the Trial Court, appealed to High Court.
COA-CR-30-2008
Abuse of office.
13 Chemisto A.M, Sammy Nelson, Swami Martin.
Uganda(IG)Convicted by the Trial court. Ap-pealed to Court of Appeal.
COA-CSC- 205-2010
Abuse of office, caus-ing financial loss.
14 Uganda
Waidha Okuku Ste-phen and another.
Acquitted by trial court, convicted by High Court. Accused filed sec-ond appeal.
HCT-00-ACD –CR SC 021/2010
Soliciting and receiving a bribe.
15 Uganda Eng. Wan-jusi Fabian, District
Acquitted by Trial court. CR.481-2006
Causing financial loss and convict-ed for abuse of office.
S/N NAME OF APPEL-LANT
NAME OF RESPON-DENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMIT-TED
77
16 Uganda
Eng. P.K. Waiswa, Dis-trict Engi-neer, Iganga District
Acquitted by Trial court. CR-482-2006
Causing financial loss and abuse of office.
17 Uganda Phillip Etu-koit
Acquitted by Trial court.
Cr App 002/2013
Causing financial loss and Abuse of office.
18
Turyamwesiga Va-nance, District En-gineer, Kabale Local Government.
Uganda(IG)Convicted by Tri-al court vide CSC 494/2006
Convicted appealed vide Cr App No. 13/2008 and state cross appealed vide Cr App 0041/2008
Causing financial loss and convict-ed for abuse of office.
19 B. S. Okello and oth-ers. Uganda(IG)
Court of Appeal upheld conviction by High Court.
HCT-ACD- 008-2010
Embezzle-ment, caus-ing financial loss and abuse of office.
20
Stanley Mugenyi, Prin-cipal Staff Surveyor, 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 gratification.
21
Inziku Paul, Aderubo Vincent, Toko Aleni, former Town Clerk, Arua, former CFO and former Accounts As-sistant respectively.
Uganda
High Court upheld the conviction by lower court, they appealed to Court of Appeal.
ACD App. 31/2011
Embezzle-ment, caus-ing financial loss and-abuse of office.
22
Inziku Paul, Aderubo Vincent, Toko AleniFormer Town Clerk, Arua, former CFO and former Accounts As-sistant respectively.
Uganda
High Court upheld the conviction by lower court, they appealed to Court of Appeal.
ACD App. 32/2011
Embezzle-ment,causing financial loss andabuse of office.
23 Uganda
Captain Mike Mukula, for-mer Minister of State for Health.
Acquitted by High Court on appeal. The state appealed against the aquittal.
COA- CA-10-2013
Causing financial loss and abuse of office.
24 Opolot Johnson and Ojono Uganda (IG)
Conviction of low-er court upheld, Opolot filed a second Appeal.
COA CR. Appe-al 89/2012
Causing financial loss and abuse of office.
S/N NAME OF APPEL-LANT
NAME OF RESPON-DENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMIT-TED
78
25 Ojono Charles Uganda (IG)
Conviction of low-er court upheld, Opolot filed a second appeal.
COA.CR Appeal 90/2012
Causing financial loss and abuse of office.
26 Ampumwize Nad, Di-strict Planner, Kabale. Uganda (IG)
Conviction of low-er court upheld by High Court, he filed a second appeal.
COA 108/2012
Causing Fi-nancial loss, False ac-counting and Embezzle-ment.
27
Nestor Machumbi Gasasira, Principal Accountant, Public Service.
Uganda
Pending Consti-tutional Court ruling on a Con-stitutional Refer-ence.
ACD-CSC-183-2006
Illicit enrich-ment.
28 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.
29 Uganda
Bukirwa Florence LCII Secre-tary, Buka-lasa,Kampala Dis-trict.
Appealed against acquittal
Soliciting and receiving gratification.
30 Uganda Aziku Gad Appealed against acquittal
Cr Appeal no. 006/15
Soliciting and receiving gratification.
S/N NAME OF APPEL-LANT
NAME OF RESPON-DENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMIT-TED
79
APPENDIX D
LITIGATION CASES
80
TABLE XVII: LITIGATION CASES CONCLUDED JANUARY – JUNE 2015
NO CASE REFERENCE NUMBER NAME OF THE PARTIES STATUS
1 Misc. Cause No. 005 of 2013
Obore George Vs Inspectorate of Government and another.
Judgment delivered in favor of the IG.
2 Misc. App No. 744 of 2014IGG& IG Vs Attorney General & Chongching International Con-struction Corporation.
Judgment delivered in favor of the IG.
3 Misc. Cause No 0102 of 2014
Nkiriho Laila Vs Attorney Gener-al and 2 others. Dismissed
4 Misc. Cause No. 63 of 2014Chongching International Con-struction Corporation Vs IG.
Withdrawn
5 Misc. App No. 146 of 2013Ouma Adea Vs Inspectorate of Government.
Judgment in favor of the IG. Dismissed with costs to the IG.
6Misc. Application No. 69 of 2007
Pradip Karia Nandla Vs IGG.Consent entered into with regard to payment of costs.
7Const. petition No 2 of 2010
Beachside Development Vs IG and 3 others.
Dismissed with costs to the IG.
8 SCCA No. 7 of 2014 American Procurement Vs AG and IG.
Matter settled out of court.
9 Constitutional Petition No. 33 of 2006 James Isabirye Vs AG and IG. Withdrawn
TABLE XVIII: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JANUARY – JUNE 2015
NO. CASE REFERENCE NUMBER NAME OF THE PARTIES CAUSE OF ACTION
1 Misc. Cause No. 001 of 2015
Birus Property Services Vs In-spectorate of Government. Awaiting Ruling
2 Misc. Cause No. 15 of 2015
Kiirya Robert Vs National Coun-cil for Higher Education and IGG.
On going
3 HCT-CV-CA-0119-2013
Inspectorate of Government Vs Ouma Adea.
Bill of costs filed. Awaiting taxation.
4 Misc. Cause No. 158 of 2014 Opio Belmos Ogwang Vs IGG. Awaiting ruling.
5 Civil Suit No. 20 of 2015
John Alinaitwe Vs IGG and Sen-tongo Rashid.
Written Statement of Defence filed. Awaiting hearing.
6 Misc. Cause No. 141 of 2014
Waibale Vs Attorney General and another.
Exploring Alternative Dispute Resolution.
7Court of Appeal Civil Application No. 409 of 2014
Inspectorate of Government Vs UVETISO Ltd and others.
Leave to appeal granted order of the High Court refusing IGG to be joined as parties.
8 Misc. Cause No. 147 of 2014
UVETISO Ltd Vs Attorney Gen-eral.
Stayed by an order of the Court of Appeal.
9 Const. Petition No. 1 of 2010
Molly Kyepaaka Vs IG and oth-ers. Awaiting hearing.
81
10Civil application No. 65 of 2015 [Arising from CA No. 24 of 2015
Jeff Lawrence Kiwanuka and others Vs IG. Awaiting ruling.
11 Constitutional Peti-tion No. 002 of 2015
Jamal Kitandwe and another Vs AG. Instructions given to AG.
12 Misc. Cause No. 22 of 2015 Muhikyirwa Matiya Vs AG. Pending hearing.
13 Misc. Application No. 08 of 2011 Nassolo IsiatVs IG and another. Ongoing
14 Misc. Cause No. 89 of 2011 Specioza Namakula Vs IGG. On going
15 Misc. Cause No. 38 of 2013
Waiswa Saidi and another Vs AG and 2 others. Ongoing
16 Misc. Application No. 129 of 2013
Lutwama Herbert Vs IG and 2 others. Ongoing
17 Civil Suit No. 63 of 2015 Sebulime James Vs AG. Instructions given to AG.
18 Civil Suits No. 41 of 2011
Kaboodha Mtwalib Vs Inspec-torate of Government. Bill of costs taxed.
19 Civil Suits No. 51 of 2011
Kaboodha Mtwalib Vs Inspec-torate of Government. Bill of costs taxed.
20 MA No. 250 of 2014 IG Vs Richard Masaba Awaiting execution.
TABLE XIX: SUMMARY OF CASES ON APPEAL DURING THE PERIOD JANUARY – JUNE 2015
NO. CASE NUMBER PARTIES STATUS
1. Civil Appeal No. 94 of 2014 Ouma Adea Vs IGG Conferenced inter parties
2. Civil Appeal No. 66 of 2012 Mutaasa Edirisa and 4 others Vs IG.
Yet to be fixed for hearing.
3. Civil Appeal No. 24 of 2015 Inspectorate of Government Vs UVETISO Ltd and others. Scheduling.
4. Civil Appeal No. 244 of 2013 Prime Contractors Vs IG and UNRA.
Yet to be fixed for hearing
5. Civil Appeal No. 98 of 2010 Nestor Gachumba Gasasira Vs IG.
Taxation reference yet to be fixed.
6. Civil Appeal No. 206 of 2014 Godfrey LwasaVs IGG.Awaiting hearing date.
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APPENDIX E
LETTERS OF APPRECIATION
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INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel (General Line): 0414 344 219/259 738 (Hot Line) 0414 347 387 Fax: 0414 344 810 Email: [email protected]: www.igg.go.ug
sms CORRUPTand send to 6009
MISSION OF THEINSPECTORATEOF GOVERNMENT
To Promote Good Governance through enhancing Accountability, Transparency; and Enforcement of the Rule of Law and Administrative Justice in Public Offices
INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel (General Line): 0414 344 219/259 738 (Hot Line) 0414 347 387 Fax: 0414 344 810 Email: [email protected]: www.igg.go.ug
sms CORRUPTand send to 6009
MISSION OF THEINSPECTORATEOF GOVERNMENT
To Promote Good Governance through enhancing Accountability, Transparency; and Enforcement of the Rule of Law and Administrative Justice in Public Offices