Mukula, Muhwezi charges dropped
http://www.monitor.co.ug/News/National/Mukula++Muhwezi+charges+dropped/-/688334/1428892/-/yl69tt/-/index.html
By Ephraim Kasozi
Posted Sunday, June 17 2012 at 00:00
The State has dropped charges of theft and causing financial loss against
the three former health ministers now facing charges of embezzlement and abuse
of office before the Anti-Corruption
Court in Kampala.The State on Friday conceded that no evidence was adduced on charges of alleged theft and causing financial loss against Maj. Gen. Jim Muhwezi, Capt. Mike Mukula and Dr Alex Kamugisha to defend themselves in connection with mismanagement of Shs1.6 billion under Global Alliance for Vaccines and Immunisation.
The three, however, still face charges of alleged embezzlement and abuse of office.
State Attorney Sydney Asubo told the Anti-Corruption Court that no evidence was found to warrant the accused former ministers to defend themselves.
“I wish to inform court that the State has conceded on counts three, eight and nine because they were not made out,” said Mr Asubo prompting the ex-ministers to apply for acquittal on the charges.
The accused, through their lawyers, also asked court to dismiss the case saying there was no incriminating evidence.
ekasozi@ug.nationmedia.com
Ex-State House aide Kaboyo pleads guilty, pays 20m fine
http://www.observer.ug/index.php?option=com_content&view=article&id=19238&catid=34&Itemid=114
Tuesday,
12 June 2012 23:11
The Anti-Corruption court yesterday convicted a former State House aide, Alice Kaboyo, after she pleaded ‘guilty’ on four of nine counts in the Global Alliance for Vaccines and Immunisation (Gavi) case.
Kaboyo, co-accused with three former Health ministers, was sentenced to a fine of Shs 20m or an eight-year prison term. She chose to pay for her freedom.
Five years ago, former Health minister Jim Muhwezi, his deputies Mike Mukula and Dr Alex Kamugisha, and Kaboyo, were charged with mismanaging billions of shillings under the Gavi project.
Unlike the ministers who are facing several charges of alleged theft, causing financial loss, uttering false documents and embezzlement, Kaboyo (bar one count where she had been co-charged with Muhwezi) was facing seven other counts that included abuse of office and writing documents in the name of the former Private Principal Presidential Secretary, Amelia Kyambadde.
Early this year, the four accused persons voluntarily withdrew an appeal they had filed in the Supreme Court, contesting their trial at Buganda road court. The case was later transferred to the Anti-Corruption division.
However, when the case, whose trial resumed on Monday, came up for further hearing today, Kaboyo’s lawyer, Bob Kasango, told the presiding magistrate, Irene Akankwasa, that his client wanted to change plea on some counts.
Kaboyo accordingly pleaded guilty to two counts of abuse of office and writing documents in Amelia’s names. Kasango pleaded to court for a lenient sentence saying his client was a first offender who had a lot of responsibility and had not wasted court’s time and resources.
He further submitted that out of the Shs 524m allegedly advanced to her to prepare advocacy conferences, some of which were supposed to be presided over by First Lady Janet Museveni, she had already refunded Shs 250m.
Sydney Asubo, prosecuting the case on behalf of the Director of Public Prosecutions, who took over from the Inspectorate of Government, welcomed Kaboyo’s change of plea on counts 11 to 14 and promised not to call prosecution witnesses to testify against her in count three where she is co-accused with Muhwezi, or the other counts.
According to court records, Kaboyo was advanced the Gavi funds after she had resigned her post. After a 20-minute adjournment, Akankwasa sentenced Kaboyo to Shs 5m on each of the four counts or a prison term of two years on each counts.
“This seemingly light sentence is justified because A4 now a convict has not wasted court’s time. In the case of default to pay the said sum, the convict will serve the sentences concurrently [meaning two years],” Akankwasa said.
On Monday, testifying during cross examination, the prosecution witnesses Gustavo Bwoch (the Accountant General), and Dr Issa Makumbi (ministry of Health’s head of Epidemiology/Surveillance), told court that they did not have proof that the former ministers put the Gavi funds to personal use.
“Your honour, these three ministers were the best performers and I’m part of their success; that is why Uganda got a bonus of $4.3m as an additional Gavi fund after excellent work in the immunization of children. These ministers were drivers and I was a turn boy,” Dr Makumbi testified.
Makumbi further told court that they were not even part of the committee that planned and approved spending Gavi funds. On his part, Bwoch told the fully parked court that he did not receive any report that Gavi funds were stolen from the respective bank accounts or mismanaged for that matter.
Makumbi and Bwoch are part of the three state witnesses that had testified in 2007. Yesterday, another witness, Jimmy Lubwama Musasizi, the former Senior Accountant tendered several documents to court some of which were written by Mukula to Muhwezi, others covering letters from State House, requesting for funds ranging from Shs 36m to Shs 310.4m to organize health advocacy and promotion conferences in different parts of the country.
slubwama@observer.ug
Kaboyo Let Off Hook After
Shs20 Million Fine
Appeared in The Daily Monitor, on 13 Jun 2012
Anti-Corruption Court yesterday convicted and fined former State House
Private Secretary in charge of Political Affairs and Seminars Alice Kaboyo
Shs20m upon entering her own plea of guilt or in default, be jailed for two
years. She opted for the latter and was let off the hook by Irene Akankwasa,
the Chief Magistrate at the Anti-Corruption
Court.This was after prosecution led by Sydney Asubo told court that said she refunded Shs250m she fraudulently received to purportedly run youth mobilisation programmes. “I agree with both counsels that the convict (Ms Kaboyo) who has pleaded guilty and refunded the money, demands a lenient sentence,” held the magistrate.
Kaboyo was convicted on two counts of abuse office and two counts of making documents on behalf of her then boss Amelia Kyambadde (former Principal Private Secretary to Museveni) without her authorisation.
This means that the charge sheet is now left with the trio former Health Minister Maj. Gen Jim Muhwezi, Capt. Mike Mukula and Dr Alex Kamugisha to battle the allegations of misappropriating Shs1.6 billion Gavi funds meant for immunisation.
Shortly after her release Koboyo said: “It is true I asked for the Shs250m when I was still working in State House but that money was deposited on my account when I had resigned. The same money was not used and when they reported me, I just refunded it.” The said money was refunded in 2006.
Charges
According to the summary facts Mr Asubo read to court, on two different dates, Kaboyo wrote letters addressing them to the then Health minister Muhwezi claiming they were written by her boss Kyambadde whereas not.
In the said letters, she requisitioned for funds to train youths who would carry out sensitisation programmes on polio immunisation on grounds that the public had stigmatised the exercise as being harmful to their babies.
