report to parliament - The Inspectorate of Government

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Jun 30, 2015 - Jubilee Insurance Centre. Plot 14 ..... vi. AAACA. -. African Authorities of Anti-Corruption Association.
The Republic of Uganda

INSPECTORATE OF GOVERNMENT

REPORT TO PARLIAMENT

JANUARY-JUNE 2015

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The Republic of Uganda

INSPECTORATE OF GOVERNMENT

REPORT TO PARLIAMENT

JANUARY-JUNE 2015

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INSPECTORATE OF GOVERNMENT HEAD OFFICE

The Republic of Uganda

Vision:

“Good Governance with an Ethical and Corruption Free Society”

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

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, Impartiality Professionalism Gender Equality and Equity

OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENT Inspector General of Government Ms. Irene Mulyagonja Kakooza Tel: +256 414 259 723 | Fax: +256 414 344 810 +256 414 257 590 | Email: [email protected] Deputy Inspector General of Government Mr. George Nathan Bamugemereire Tel: +256 414 259780 Email: [email protected]

Deputy Inspector General of Government Ms. Mariam Wangadya Tel: +256 414 259709 Email: [email protected]

Information and Internal Inspection Division Head: Mr. Stephen Kasirye Tel: +256 414 342113 Email: [email protected]

Public and International Relations Division Head: Ms. Munira Ali Bablo Tel: +256 414 231530 Email: [email protected]

PROJECT MONITORING DIVISION Director Project Monitoring Mr. James Penywii Tel: +256 414 347388 | Fax: +256 414 330400 Email: [email protected] DEPARTMENT OF FINANCE AND ADMINISTRATION Under Secretary Finance and Administration Ms. Glory Ananun Tel: +256 414 230398 Email: [email protected]

Secretary to the Inspectorate of Government Mr. Bageya Waiswa Tel: +256 414 259788 Fax: +256 414 257590 Email: [email protected]

DIRECTORATES DIRECTORATE OF OPERATIONS Director Operations Hajji Abon Muzamil Tel: +256 414 346116 l Email: [email protected]

DIRECTORATE OF LEADERSHIP CODE Director Leadership Code Ms. Annet Twiine Kyokunda Tel: +256 414 342133 Fax: +256 414 230409 l Email: [email protected]

DIRECTORATE OF EDUCATION AND PREVENTION OF CORRUPTION Director Education and Prevention of Corruption Mr. Jossy Jules Rwereeza Tel: +256 414 348613 Fax: +256 414 230389 l Email: [email protected]

DIRECTORATE OF LEGAL AFFAIRS Ag. Director Legal Affairs Ms. Sarah Birungi Tel: +256 414 342135 / +256 414 343739 Fax: +256 414 230399 Email: [email protected] DIRECTORATE OF REGIONAL OFFICES Director Regional Offices Mr. Joram Magezi Tel: +256 414 346116 | Email: [email protected]

DIRECTORATE OF OMBUDSMAN AFFAIRS Director Ombudsman Affairs Mr. David Makumbi Tel: +256 414 251380 l Email: [email protected]

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REGIONAL OFFICES Arua Regional Office Plot 1Weather Head, Park Lane, P.O. Box 789, Arua. Tel: 0476-420317 Email: [email protected]

Masaka Regional Office 29/31 Victoria Road, National Water Building P.O. Box 925, Masaka. Tel: 0481- 421 766 Email: [email protected]

Fort Portal Regional Office Plot 1A Mugurusi Road P.O. Box 157, Fort Portal. Tel: 0483-423010/ 1, Email: [email protected]

Mbale Regional Office Plot No 20 Masaba Road P.O.Box 24, Mbale. Tel: 0454-435029/ 35255 Email: [email protected]

Gulu Regional Office Plot A1 Ogwok Ayaru Road Pece Division, Gulu Municipality P.O. Box 771, Gulu. Tel: 0471-432569 Email: [email protected]

Mbarara Regional Office Plot 17 Muti Drive, Mbarara P.O. Box 1903, Mbarara. Tel: 0485-421068 Email: [email protected]

Hoima Regional Office 17 Orphanage Road P.O.Box 113, Hoima. Tel: 0465-440 260 Email: [email protected]

Moroto Regional Office Plot 3 Odeke Road P.O. Box 104, Moroto. Tel: 0352-278373 Email: [email protected]

Jinja Regional Office Plot 35 Rippon Gardens Road P.O. Box 303,Jinja. Tel: 0433- 20160/ 0434-122688 Email: [email protected]

Moyo Regional Office Moyo S.S Road P.O. Box 192 Moyo. Tel: 0393 280 102 Email: [email protected]

Kabale Regional Office Babukika Road P.O. Box 981, Kabale. Tel: 0486-422461/ 423 085 Email: [email protected]

Mukono Regional Office Plot 16 Paul Mukasa Road, Opposite Mukono District EC Offices P.O. Box 901 Mukono. Tel: 0414 692042/3 Email: [email protected]

Kampala Regional Office Plot 1645 Gyagenda Road Ntinda Kiwatule P.O. Box 1682,Kampala. Tel: 0414-580499 Email: [email protected]

Soroti Regional Office Plot 73 Gweni Road P.O. Box 346, Soroti. Tel: 04544-61584/61784 Email: [email protected]

Lira Regional Office Plot 4 Osman Road P.O. Box 1, Lira. Direct Line: 0473-420099 Email: [email protected]

Tororo Regional Office Plot 45 Kashnir Road Tororo Municipality P.O. Box 5, Tororo. Tel: 0454-445534/3 Email: [email protected]

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TABLE OF CONTENTS Page



Table of Contents .. .. .. .. .. .. .. .. .. i List of Figures .. .. .. .. .. .. .. .. .. iii List of Tables .. .. .. .. .. .. .. .. .. iv List of Appendices .. .. .. .. .. .. .. .. .. v Abbreviations & Acronyms .. .. .. .. .. .. .. vi Executive Summary .. .. .. .. .. .. .. .. x CHAPTER ONE: INTRODUCTION Constitutional Mandate .. .. .. .. .. .. .. 1 Functions of the Inspectorate of Government

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General powers of the Inspectorate of Government

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Special powers of the Inspectorate of Government

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Jurisdiction and Independence of the Inspectorate of Government .. .. .. .. .. .. .. .. .. .. 2 Organization of the Inspectorate of Government ..

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Regional Offices of the Inspectorate of Government

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CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION Introduction .. .. .. .. .. .. .. .. .. 7 Investigations .. .. .. .. .. .. .. .. .. 9 Trend of complaints registered by Regional Offices and Recommendations .. .. .. .. .. .. .. .. 14 Arrests made ..

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Prosecutions

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Civil cases .. .. .. .. .. .. .. .. .. .. 17 CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTION Introduction .. .. .. .. .. .. .. .. .. 18 Ombudsman Complaints handled .. .. .. .. .. .. 18 Challenges in conducting Ombudsman investigations ..

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Future plans .. .. .. .. .. .. .. .. .. 19 Specific recommendations to Government ..

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CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE Introduction .. .. .. .. .. .. .. .. .. 20 Activities carried out during the reporting period ..

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Gifts declared by leaders .. .. .. .. .. .. .. 21 Constraints faced in enforcing the Leadership Code of Conduct .. .. .. .. .. .. .. .. 21 Recommendations to Government .. .. .. .. .. .. 22 CHAPTER FIVE: PREVENTIVE MEASURES Introduction .. .. .. .. .. .. .. .. .. 23 Public Awareness Programmes .. .. .. .. .. .. 23 Integrity Ambassadors Club activities

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Training/sensitization of Public Servants .. .. .. .. .. 28 Media Relations .. .. .. .. .. .. .. .. .. 28 Policy and Systemic Interventions .. .. .. .. .. .. 28 Challenges in carrying out Policy & Systems studies ..

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Future plans

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Monitoring and Inspection of Government Projects

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Social Accountability and Community Monitoring

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CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION Training .. .. .. .. .. .. .. .. .. .. 40 International Cooperation programmes .. .. .. .. .. 41 International Collaboration .. .. .. .. .. .. .. 42 CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS Challenges and constraints .. .. .. .. .. .. .. .. 48 Recommendations .. .. .. .. .. .. .. .. 48 Future Plans .. .. .. .. .. .. .. .. .. 49

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LIST OF FIGURES Figure Figure Figure Figure Figure

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Figure 6 Figure 7 Figure 8 Figure 9 Figure 10

Functions of the Department of Finance and Administration 3 Functions of the Directorates .. .. .. .. .. 3 Functions of the Divisions .. .. .. .. .. .. 4 How to make a complaint to the IG .. .. .. .. 4 Graph showing investigations handled by the Inspectorate of Government .. .. .. .. .. 10 Graph showing the trend of arrests and prosecutions for the period 2006 – 2014 .. .. .. .. .. 16 Workload for the period January – June 2015 .. .. 51 Categorization of Complaints Registered by Gender for the period January – June 2015 .. .. .. .. 52 Trend of complaints registered at the Headquarters and Regional offices for the years2005-2014 .. .. .. 54 Trend of complaints investigated and completed by the IG (2005-2014) .. .. .. .. .. .. .. 54

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LIST OF TABLES Table I

Some of the Achievements registered January – June 2015. xiv

Table II

Coverage of IG Regional Offices

Table III

Investigations carried out by the Inspectorate

Table IV

Corruption Complaints investigated and completed

Table V Table VI

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during the period January – June 2015.. ..

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The top 10 institutions most complained against for the last 5 years (2010-2014)

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Ombudsman Complaints investigated and completed during the period January - June 2015.. ..

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Table VII: Action Plan on PRDP implementation from a

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Table VIII

Training and International Cooperation... ..

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Table IX

Number of complaints registered by the Inspectorate of ..

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Table X Table XI Table XII

Consultative meeting held in Lira

Government for the period January – June 2015 .. Complaints received according to districts for the Period January – June 2015 ..

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The nature of complaints investigated and completed during the period January – June 2015

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Departments/Institutions complained against during the Period January – June 2015 ..

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Table XIII Arrests effected for the period January - June 2015

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Table XIV Summary of concluded prosecution cases during the Table XV

Period January – June 2015 ..

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On-going Prosecution/pending cases by the end of June 2015 ..

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Table XVI Criminal Appeals by the end of June 2015 ..

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Table XVII Litigation cases concluded January – June 2015 ..

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Table XIX Summary of Civil Cases on Appeal January – June 2015

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Table XVIII Summary of on-going Civil cases during the period

January – June 2015

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LIST OF APPENDICES Appendix A Appendix Appendix Appendix Appendix

B- C - D - E -

A statistical presentation of IG investigations and other activities .. .. .. .. Arrests .. .. .. .. .. .. Prosecution cases .. .. .. .. .. Litigation cases .. .. .. .. .. Some of the letters of appreciation received

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50 63 66 180 182

ABBREVIATIONS AND ACRONYMS AAACA ACD CAA CADP CAO CFO CSO DANIDA DEI DEO DEP DHO DISO DLA DLC DLG DOA DOP DAPCB DPM DPP DRO DTM GISO GIZ

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IACs IFMIS IG IGG IG- ODS III ISO JCRC KCCA KIU LCA LDC LGFC MAAIF MDA’s MFPED MoH MOU NAADS NDA

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African Authorities of Anti-Corruption Association Anti-Corruption Division Civil Aviation Authority Corporate and Development Plan Chief Administrative Officer Chief Financial Officer Civil Society Organization Danish International Development Agency Directorate of Ethics and Integrity District Education Officer Directorate of Education and Prevention of Corruption/IG District Health Officer District Internal Security Officer Directorate of Legal Affairs/IG Directorate of Leadership Code/IG District Local Government Directorate of Ombudsman Affairs/IG Directorate of Operations/IG Departed Asian Property Custodian Board Division of Project Monitoring Director of Public Prosecutions Directorate of Regional Offices/IG Data Tracking Mechanism Gombolola Internal Security Officer Deutsche Gesellschaft fur Internationale Zusammenarbeit (Germany Cooperation) Integrity Ambassadors Clubs Integrated Financial Management Information System Inspectorate of Government Inspector General of Government Inspectorate of Government Online Declaration System Information and Internal Inspection Internal Security Organisation Joint Clinical Research Centre Kampala Capital City Authority Kampala International University Leadership Code Act Law Development Centre Local Government Finance Committee Ministry of Agriculture, Animal Industry and Fisheries Ministries, Departments and Agencies Ministry of Finance, Planning and Economic Development Ministry of Health Memorandum of Understanding National Agricultural Advisory Services National Drug Authority vi

NFA NGO NMS NRM NSSF NUSAF NWSC OAG ODA OPD OPM P&IR PFM PHC PPDA PRDP PUJAB RALNUC RDC SACM SMS TAAC UAHEB UBC UETCL UGOGO UK UNBS UNCAC UNEB UNEPI UNICEF UNRA UPDF UPPC UPPET URA URSB UWA VHTs VIPPU WHO

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National Forestry Authority Non Governmental Organization National Medical Stores National Resistance Movement National Social Security Fund Northern Uganda Social Action Fund National Water and Sewerage Corporation Office of the Auditor General Organization Development Assessment Out Patient Department Office of the Prime Minister Public and International Relations/IG Public Finance Management Primary Health Care Public Procurement and Disposal of Assets Authority Peace, Recovery and Development Plan Public Universities Joint Admissions Board Restoration of Agricultural Livelihoods in Northern Uganda Resident District Commissioner Social Accountability and Community Monitoring Short Message Service Transparency, Accountability and Anti- Corruption Uganda Allied Health Examinations Board Uganda Broadcasting Corporation Uganda Electricity Transmission Company Limited Uganda Good Governance Programme United Kingdom Uganda National Bureau Standards United Nations Convention Against Corruption Uganda National Examinations Board United Nations Expanded Program on Immunization United Nations Children’s Education Fund Uganda National Roads Authority Uganda Peoples Defence Forces Uganda Printing and Publishing Corporation Universal Post Primary Education and Training Uganda Revenue Authority Uganda Registration Services Bureau Uganda Wildlife Authority Village Health Teams Very Important People Protection Unit 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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EXECUTIVE SUMMARY Introduction The 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 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.

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

Structure of the Report The 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) 20102014. 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 anticorruption functions. These include investigation of complaints from the public about corruption in public institutions; arrest and prosecution of ix

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.

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 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.

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.

Summary of Achievements of the Inspectorate of Government in the period January-June 2015 Enforcement Measures General Investigations The 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.

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.

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.

Corruption Investigations The 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. x

In the implementation of the AntiCorruption function, the IG carries out investigations where commission of any offence under the Anti-Corruption Act is alleged.

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.

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.

Civil cases As 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 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 Prosecutions During 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,

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 xi

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.

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.

Preventive Measures

Public Awareness Programmes The 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.

Enforcement of the Leadership Code of Conduct The 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, 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.

During the period under review a xii

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 Projects The 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 Interventions Policy 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 Training The 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 xiii

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.

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

Table I: Some of the numerical achievements registered during the period January – June 2015 Outcome

Quantity

Money saved as a result of IG intervention(Approx) Money recovered as a result of investigations and deposited on IG Recovery Account Public officers under prosecution by IG

8bn 973,044,410 131

Public Officers convicted

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Public officers arrested by the IG

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Public officers warned

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Civil cases concluded

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Officers who were advised

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Cancelled appointment letters of public servants

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

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Public officers interdicted

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Officers dismissed

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Posts re-advertised

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Amount paid to complainants (Ombudsman) Major Constraints and Challenges The 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

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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. xiv

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.

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 plans In 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

Recommendations In 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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CHAPTER

ONE

INTRODUCTION

1.1 CONSTITUTIONAL MANDATE TO PRODUCE REPORT TO PARLIAMENT The 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.

(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.

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.

1.3 GENERAL POWERS OF THE INSPECTORATE OF GOVERNMENT The 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.

1.2 FUNCTIONS OF THE INSPECTORATE OF GOVERNMENT The 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;

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.

1

1.4 SPECIAL POWERS OF THE INSPECTORATE OF GOVERNMENT The 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.

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 GOVERNMENT The 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:

1.5 JURISDICTION AND INDEPENDENCE OF THE INSPECTORATE OF GOVERNMENT Articles 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 AntiCorruption Act 2009 to include the Private Sector. The IG is independent in the performance of its functions and 2

Figure 1: Functions of the Department of Finance and Administration INSPECTORATE OF GOVERNMENT

Figure 2: Functions of the Divisions

Finance and Administration

P & IR

III

- DPM Recruitment of staff - Procurement of works, goods and services - Facilitation of staff travel (Abroad and within) - Management of staff emoluments, entitlements and welfare - Vetting of staff to be - Staff performance appraisal Responsible for national Monitoring & Inspection recruited by IG and other and international public of Government Funded - Preparation of budget and policy statements Government Institutions relations Projects - Curtailing of possible - Organize training of staff in various skills. corruption among IG staff - Investigations

- Central Data management

Figure 2:

Functions of the Directorates

Figure 3: Functions of the Directorates

DOP

- Investigate cases

DEP

of corruption in central Government Institutions - Analyses audit reports - Carries out arrests

DLC

DLA

- Renders Legal advice - Prosecutions - Civil litigation - Supporting Investigations

DRO

DOA

- Coordination of Regional RIÀFHV - Investigations in local Governments

- Leadership Code Enforcement - Investigations/ YHULÀFDWLRQRI declarations

- Public Awareness - Production of reports to Parliament & other Publications - Research and Surveys

- Ombudsman Investigations - Policy & System Investigations

3

INSPECTORATE OF GOVERNMENT

Figure 3: Functions Figure of the 2: Divisions Functions of the Divisions

DPM

Monitoring & Inspection of Government Funded Projects

P & IR

III

- 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

- Central Data management Inspectorate of Government

Republic of Uganda

Figure 3: Functions of the Directorates

1.7 HOW TO FORWARD A COMPLAINT TO THE INSPECTORATE OF GOVERNMENT DOP DEP DLC DLA DRO

1.7

HOW TO FORWARD A COMPLAINT TO THE INSPECTORATE OF FigureGOVERNMENT 4: Figure 5:

- Investigate cases

of corruption Write to theinIGG central P. O.Government Box 1682, Institutions Kampala - Analyses audit reports - Carries out arrests

- Renders Legal advice - Prosecutions - Civil litigation - Supporting Investigations

- Coordination of Regional RIÀFHV Visit any of IG 16 - Investigations regional offices and localor written lodge a in verbal Governments complaint.

- Leadership Code Report Corruption and Send as SMS mal-administrationEnforcement to Type “Corrupt” Investigations/ the IGG and SMS to 6009 - Public Awareness YHULÀFDWLRQRI - Production declarations of reports to Parliament & other Publications Send an email with the details - Research andof the complaint Surveyse-mail: [email protected]

1.8

DOA

Make a telephone call to the IGG Hotline: 0414347387

- Ombudsman Investigations - Policy & System Investigations

4

INSPECTORATE OF GOVERNMENT REGIONAL OFFICES

Pursuant to the provisions of Article 228 of the Constitution, the Inspectorate

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

1.

2.

3.

4.

Central

Western

Eastern

Regional Office Districts Kampala

Mpigi, Mityana, Mubende, Butambala, Wakiso, Gomba and Kampala.

Masaka

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

Mukono

Mukono, Kayunga, Nakaseke, Nakasongola and Buikwe.

Fort Portal

Kabarole, Bundibugyo, Ntoroko, Kamwenge, Kyenjojo, Kyegegwa and Kasese.

Hoima

Hoima, Kibaale, Kiryandongo.

Mbarara

Mbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mitooma, Sheema, Buhweju and Ntungamo.

Kabale

Kabale, Kisoro, Kanungu and Rukungiri.

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.

Arua

Arua, Koboko, Zombo, Nebbi and Maracha.

Gulu

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

Northern Moroto

Kiboga,

Luwero,

Buliisa,

Buvuma,

Masindi

and

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

Lira

Lira, Apac, Oyam, Dokolo, Otuke, Alebtong, Kole and Amolatar.

Moyo

Moyo, Adjumani and Yumbe.

5

DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES

6

CHAPTER

TWO

IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION

2.1 INTRODUCTION Corruption 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.

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.

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.

In addition to grand corruption, petty corruption which often involves the soliciting of low value bribes from the 7

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).

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 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 highranking public officials.

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.

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

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. 8

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

5,824

5,816

96

67

1,320

1,406

-

38

a

Complaints brought forward

b

Investigations initiated from Audit Reports

c

New complaints received

d

New verifications of leaders’ declarations

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

i

Rejected 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.

9

Inspectorate of Government Republic of Uganda

Figure 4:

Graph showing investigations handled by the Inspectorate of

Figure 5: Graph showing investigations handled by the Inspectorate of Government Government 7000

Jul - Dec 2014

6000

5816

5984

Jan - Jun 2015

Number of complaints

5000 4000 3000 2000 1112

1000 0

950 130

Investigated and concluded

104

Referred Action Taken

In Progress

The graph above indicates that a total which accounted for 67.4% of the The graph indicates that a total of 950 complaints and of 950 above complaints were investigated total complaintswere were investigated investigated and and concluded during the current completed. concluded during the current reporting period compared to 1,112 complaints reporting period compared to 1,112 that were concluded during the previous period. This shows that there was a complaints that were concluded Of the total number of new reduction the investigations concluded during thecomplaints current period compared duringin the previous period. This corruption received by the shows that there wasMany a reduction in Inspectorate, 617stages (44%) were received to the previous period. complaints are in the final of completion the investigations concluded during at the Headquarters in Kampala while and therefore, it is expected that the concluded investigations will increase the current period compared to the 789 (56%) were registered at the during the next reporting period. A total of 640 corruption complaints which previous period. Many complaints Regional Offices. accounted for final 67.4% of the total complaints were investigated and completed. are in the stages of completion and therefore, it is expected that the The nature of corruption complaints concluded investigations will increase investigated and completed during the Of the total number of new corruption complaints received by the Inspectorate, during the next reporting period. A period, are shown in the table below: 617 (44%) received atcomplaints the Headquarters in Kampala while 789 (56%) were total ofwere 640 corruption

registered at the Regional Offices. The nature of corruption complaints investigated and completed during the period, are shown in the table below:

10

12

Table IV: Corruption complaints investigated and completed during the period 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%

640

67.4%

Total

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,

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.

and graft which are found in local 11

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.

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 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

The details of complaints against institutions/departments are contained in Appendix B of this report.

12

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

(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.

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.

(ii) Individual Public Officials: Appraisals based on performance contracts should be strictly adhered to and supervision in different departments should be enhanced.

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:

(iii) Municipal and Town Councils: The problems of municipal and 13

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.

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.

(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.

2.3 The trend of complaints registered by the IG Regional Offices and recommendations

(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.

(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

(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 14

2.4 ARRESTS MADE The 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.

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 nonqualifying 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.

2.5 PROSECUTIONS The powers of the Inspectorate of Government to prosecute or cause prosecution of suspects alleged to have been engaged in corruption and abuse of office are derived from the Constitution of the Republic of Uganda. 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. ongoing 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. 15

on appeal, as at 30th June 2015. For details of cases that were prosecuted by IG during the period under review, For details of cases that were prosecuted by IG during the period under review,

please see see Appendix CCofofthis please Appendix this report. report. Figure 6:

Graph showing the annual trend of arrests and prosecutions for

Figure 6: Graph showing the annual trend of arrests and prosecutions the years 2006 –2014 for the years 2006 –2014 350

266

300

245 Prosecutions

250

154

Arrests

168

200

116

150 120 100 50

60

70

12 2006

72

70

44 31

0

64

2007

26 2008

66

53

24 2009

2010

2011

2012

2013

2014

2.5.2 Constraints encountered in hostile to the state. 2.6.2prosecution Constraints encountered in prosecution of cases of cases (i) Delay to hear cases on appeal Recommendations (i) Delay to hear cases on appeal especially by the Court of Appeal. especially by the Court of Appeal. (a) Whistleblowers and witnesses Cases ininup-country courts take (ii) (ii) Cases up-country courts take should long betogiven beadequate concluded due to long to be concluded due to protection and reward. absenteeism judicial officers. absenteeism ofofjudicial officers. (b) Government should appoint and Limited knowledge and practice in deploy more Magistrates to up(iii) (iii) Limited knowledge and practice in plea bargaining techniques. plea bargaining techniques. country stations and the Judiciary Accused persons sometimes (iv) (iv) Accused persons sometimes jump bail thus delaying and ofsometimes should intensify monitoring jump bail thus delaying and their performance. Now that the completely bringing bringing their prosecution to an end. sometimes completely their Government has appointed more prosecution to an end. judges from to the Court of Appeal, IG either (v) There is occasional lack of cooperation witnesses, some (v) There is occasional lack of hopes for expeditious handling of cooperation from witnesses, refuse to report to court some or they appear in court and turn hostile to the cases. either refuse to report to court (c) Funds should be earmarked and state. or they appear in court and turn availed to the IG for continuous 16 19

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.

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.

2.6.1 Challenges faced by the IG in Civil Litigation As 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 CIVIL CASES Through 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.

2.6.2 Recommendations (i) Amend the law in order for the IG to attain corporate status. (ii) Consider recruiting a bailiff for IG.

17

CHAPTER

THREE

IMPLEMENTATION OF THE OMBUDSMAN FUNCTION

3.0 INTRODUCTION

Ombudsman functions through; investigation of maladministration and administrative injustice within public offices, arbitration, carrying out policy and systemic interventions and recommends corrective actions.

Ombudsman 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;

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.

(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.

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.

Section 8 of the Inspectorate of Government Act is a replica of the above provision. The Inspectorate of Government fulfills the above 18

Table VI: Ombudsman complaints investigated and completed during The period January – June 2015 Nature of Complaint

Number of complaints

Percentage

Mismanagement 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%

296

31.2%

Sub Total

3.2 CHALLENGES IN IMPLEMENTATION OF OMBUDSMAN FUNCTION The 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.

3.4 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.

3.3 FUTURE PLANS The 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.

19

CHAPTER

FOUR

ENFORCEMENT OF THE LEADERSHIP CODE OF CONDUCT

4.0 INTRODUCTION Pursuant 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.

4.1 ACTIVITIES CARRIED OUT DURING THE PERIOD JANUARY – JUNE 2015 4.1.1 Management of leaders’ declarations of income, assets and liabilities forms 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. (i)

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.

(ii) Non-declaration 10% 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.

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.

(iii) Data Entry The 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.

20

2012. The process of data entry is still on-going. (iv) Online Declaration During 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 and Liabilities and investigations into allegations of the breach of the

(vii)

(viii)

(ix)

Leadership Code: Verifications During the period under review, a total of twenty six (26) verification cases and fourteen (14) investigation cases were conducted and completed.

the complainant was advised to lodge the complaint with the Police Professional Standards Unit. One leader was cautioned and advised to always declare all assets where his minors have interest. In eighteen (18) cases, the leaders gave satisfactory explanations for their income, assets and liabilities. In three (3) investigation cases the allegations were not proved.

4.2 GIFTS DECLARED BY LEADERS Section 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.

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, 21

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.

22

CHAPTER

FIVE

PREVENTIVE MEASURES

5.0 INTRODUCTION The 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.

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.

This chapter therefore, highlights the prevention of corruption activities that were carried out during the reporting period. 5.1 PUBLIC AWARENESS PROGRAMMES AND SENSITIZATION The following public awareness programmes and activities were carried out by the IG during the period under review:

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

5.1.1 Workshops The existence of a knowledgeable and informed citizenry decreases

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

23

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.

24

The Director of Project Monitoring addressing the participants during a workshop. on anti-corruption strategies. The aim 5.1.2 Public Awareness through is to produce, nurture and empower electronic Media pro-active ambassadors of integrity A total of 2110 spot messages and 27 and good governance in society. In radio programmes were aired on the this regard the following activities were following Radio Stations in the project area: Open Gate FM-Mbale, Rupiny carried out; FM-Gulu, Eastern Voice FM-Bugiri, (i) On 27th February, 2015, IG Continental FM-Kumi, Etop FMsupported Mbarara University of Soroti, Spirit FM Koboko, Elgon RadioScience and Technology Integrity Kapchorwa, Nena FM–Moroto, Radio Ambassadors’ Club (IAC), to hold Amany-Moyo, Radio Paidha, Luo FMan anti-corruption seminar at the Pader, Radio North-Lira, Rock Mambo University campus in Mbarara. FM-Tororo and Bunyoro Broadcasting services-Masindi. The spot messages (ii) Gulu University Integrity and radio programmes focused on Ambassadors’ Club (IAC) with sensitizing the project beneficiaries the support from IG held an antiabout their role in monitoring the corruption seminar on 6th March, successful implementation of the 2015 at the University campus. projects and ensuring there was value for money. The beneficiaries were (iii) IG supported Integrity also encouraged to report cases of Ambassadors Clubs of Nkumba mismanagement or misappropriation of University, Islamic University project funds to IG. in Uganda (IUIU), Makerere University, Muteesa 1 Royal 5.1.3 Integrity Ambassadors Clubs’ University and Kampala activities International University (KIU), These activities provide a platform to hold an Inter-University Antifor students in higher institutions Corruption debate tournament on of learning to discuss the concept 19th and 20th March, 2015 at KIU of corruption, integrity and good governance and to express their views Kampala Campus main hall. 25

Above are Integrity Ambassadors during a debating session at Kampala International University.

26

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

good governance” to the students

of the Inspectorate of Government

of St. Augustine S.S.S in Wakiso

presented a paper on “the role of

district, during a seminar organized

the Inspectorate of Government in

by Anti-Corruption Youth Team

fighting corruption and promoting

Uganda. 27

5.1.4 Training/Sensitization Of Public Servants

address: [email protected]

Three (3) training programmes to other public servants were carried out during the period under review.

5.5 POLICY AND SYSTEMIC INTERVENTIONS 5.5.1 Background In 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.

5.2

MEDIA RELATIONS

5.2.1 Direct media interaction The 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 Releases

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 Uganda This 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

The 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 RELATIONS

IG Client Charter The IG Client Charter was developed. The Charter can be accessed on the IG website www.igg.go.ug 5.4

WEBSITE MANAGEMENT

Most 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 28

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.

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.

(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.

(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.

(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.

(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 29

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.

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).

(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.

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.

(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.

(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

(v) Other recommendations which were advanced by stakeholders during this study and which this office proposes that Government 30

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;

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. 31

(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.

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.

5.5.3 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.

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.

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 32

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 Organization This 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:

(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 at Mulago Hospital Complex This 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 UMEMEWandegeya 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:

(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;

33

(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);

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.

(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;

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.

(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.

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 sponsorship This systemic intervention was initiated as a result of a complaint received from a student who alleged

Given the above findings, it was recommended to the Executive 34

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.

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.

5.6 ENSURING TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT AND DONOR FUNDED PROJECTS

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.

5.6.1 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.

5.5.10 Future Plans The IG intends to complete the ongoing 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;

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 socioeconomic indicators. PRDP 2 has four

(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 35

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.

strategic objectives and these are:a) Consolidation of State Authority b) Rebuilding and empowering communities c) Revitalization of the economy d) 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.

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.

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.

36

Table VII: Action Plan on PRDP implementation from a Consultative 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 basis 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 provider, due diligence should be conducted on the service providers

6

Procurement processes should be completed by 31st December for every financial year.

7

All stakeholders including community members must be mobilized, sensitized and given adequate information to enable them ensure proper implementation of PRDP projects

8

A simple project monitoring tool should be developed and availed to help the community to easily monitor and document findings during project implementation

9

Monthly site meetings, supervision, monitoring and reporting should be observed

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.

12

Projects should be completed within the contract period given. However, in the event of any incomplete projects carried forward to a subsequent financial 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 37

5.6.2 The Second Northern Uganda

TAAC, including promoting:

Social Action Fund (NUSAF 2)

(i)

community level transparency;

The Second Northern Uganda

(ii)

systems of immediate reporting of grievances;

Social Action Fund (NUSAF 2) is

(iii) collaboration with anticorruption

a Government of Uganda Project

agencies;

established to improve access of

(iv) support of audit, financial and

beneficiary households in Northern Uganda to income- earning

procurement management

opportunities and better basic socio-

systems at all levels of

economic services. The project has

implementation; (v)

three components:

built-in mechanisms of rewards

(i)

Livelihood Investment Support;

(ii)

Community Infrastructure

(vi) participatory monitoring tools;

Rehabilitation and;

(vii) rapid results initiatives;

Institutional Development.

(viii) development communication;

(iii)

and sanctions;

(ix) gender mainstreaming. The Institutional Development Component finances activities at the

Among other interventions, Social

national, district, sub-county and

Accountability and Community

community level aimed at improving

Monitoring (SACM) activity was

efficiency, effectiveness, accountability

initiated by IG under TAAC to build

and transparency in the use of

the capacity of communities to identify

project resources. It has two sub-

corruption and improve accountability.

components:

The IG engaged a consortium of CSOs

(i) Project implementation support

led by Uganda Debt Network to build

which is implemented by the office

the capacity of community monitoring

of the Prime Minister and;

groups to promote transparency and

(ii) Transparency, Accountability and

accountability in the implementation of

Anti-Corruption Component (TAAC)

NUSAF 2. The CSO partner has been

which is implemented by The

training communities on their;

Inspectorate of Government (IG). (1)

roles and responsibilities,

The development objective of TAAC

(2)

community monitoring,

is “to promote good governance at

(3)

documentation of their activities.

all levels of project implementation”.

(4)

anti-corruption reporting

IG used both enforcement and

mechanisms, and

preventive/proactive measures for the

By 30th June 2015, a total of 6,309 38

citizens had been trained on social

Project Appraisal Document especially

accountability and community

TAAC component of NUSAF 3 which

monitoring. These citizens have

is the successor project to NUSAF 2

started making positive contribution

project. The Parliament of Uganda

on government service delivery and

finally considered and approved the

accountability.

request by government of Uganda to secure a loan from the World Bank

5.6.3 The Northern Uganda Social

to implement NUSAF 3 which is

Action Fund 3 (NUSAF 3)

scheduled to take effect in December

IG participated in the design,

2015.

appraisal and negotiation of the

39

CHAPTER

SIX

CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION

6.1 INTRODUCTION The 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.

Senior staff retreat discussing the Strategic Plan of the Inspectorate of Government

40

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 2015

Dar 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

41

6.3 INTERNATIONAL COOPERATION 6.3.1 IG hosted Kenyan Ombudsman The 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 visit A 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. 42

UK Christian Lawyers visit at the Inspectorate of Government

6.3.3 The Administrative Control Authority (ACA) Egypt The 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

43

6.3.4 GIZ Implementation agreement signed The 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 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 Nyimba One 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.

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 Germany The 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.

44

Courtesy call to the King of Toro

6.3.7 DPP Denmark, DPP Uganda and Inspectorate of Government collaboration His 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.

45

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) visit A 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). 46

Tanzania delegation visit to the Inspectorate of Government

47

CHAPTER

SEVEN

GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS

7.1 INTRODUCTION The 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.

7.2.1 Establishment of the Leadership Code Tribunal The 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 funding IG 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.

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

7.2.3 Amend the law to give the IG Corporate status The law should be amended in order for the IG to attain corporate status. 7.2.4 Proper Record Keeping and Accounting Practices Systems 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.

recommendations. 7.2 RECOMMENDATIONS In order to overcome the above challenges IG recommends the following: 48

7.2.5 Failure to discuss IG reports Parliament 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.

7.3.2 Training The 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 premises The 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.

7.3 FUTURE PLANS 7.3.1 Improved investigations and prosecutions IG will continue to improve efficiency and effectiveness in investigations and prosecutions through on-thejob training and attachment of investigators and/or prosecutors to other prosecuting agencies.

49

APPENDIX A STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG ACTIVITIES FOR THE PERIOD JANUARY – JUNE 2015

50

Inspectorate of Government

Investigations workload January – June 2015

Republic of Uganda

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 The Inspectorate Government had a workload duringasthe period and 1,406ofwere new complaints (includingof677,260 casesinvestigations that were initiated a result period January – June 2015. A total of 5,816 complaints were forwardwas fromhandled. the of reviewing audit reports). The figure below illustrates howbrought the workload previous period and 1,406 were new complaints (including 67 cases that were initiated Figure 7: of reviewing Workaudit loadreports). January – June as a result The figure 2015 below illustrates how the workload was handled. Figure 7:

Work load January – June 2015

5,816 Complaints Brought Forward

1,406 New Complaints Received

WORKLOAD = 7,260 INVESTIGATIONS

Audit Reports reviewed resulting in 67 Investigations

38 New verifications of leaders’ declarations initiated

104 (1.4%) Complaints referred to other agencies

175 (2.4%) Backlog disposed of

21 (0.3%) Complaints Rejected

5,984 Complaints & Verifications In progress- 82.4%

1,276 (17.6%) Files Concluded

64

51

950 complaints investigated & completed; 26 verifications done (13.4%)

Inspectorate of Government Republic of Uganda

Figure 8 Categorization of Complaints Registered by Gender for the period

Figure 8 – June 2015 January Categorization of Complaints Registered by Gender for the period January – June 2015

Group 223 16%

Anonymous 163 12%

Male 887 63%

Female 133 9%

The chart above illustrates that a big fraction of the complaints (63%) were received from Only aillustrates small percentage (9%), were from women and those that Themen. chart above that a big fraction of thereceived complaints (63%) were received from men.groups Only aofsmall percentage (9%), were received from women and that disclose came from individuals were 16% and the complainants thatthose did not 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 duedue to to thethe fact higherpercentage percentage of the workforce. factthat thatthey theycomprise comprise aa higher of the workforce.

their identities were 12%. Majority of the complaints were received from men possibly

Complaints received through the SMS System

The Inspectorate of Government introduced the SMS system in June 2013 Complaints received through the SMS System through which theofpublic can forward their to June the IG by use of a The Inspectorate Government introduced the complaints SMS system in 2013 through which the public forward their complaints the IG by use a mobile phone. During the can reporting period January –toJune 2015, 61ofcomplaints 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 6009. word CORRUPTand andSMS SMS to to 6009.

were received through the SMS system. A complaint is forwarded by typing the

52

Table IX Number 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.

53

Inspectorate of Government Inspectorate of Government Republic of 9 Uganda Republic of Uganda Figure

Trend of 10 the10 complaints Registered at the Kampala Headquarters and Figure Figure Regional Offices for the years 2005at– the 2014 Trend of the complaints Registered Headquarters and and Trend of the complaints Registered atKampala the Kampala Headquarters Regional Offices for the 20052005 – 2014 Regional Offices for years the years – 2014 7000 7000 6000 5000 4000 3000 2000 1000

6000 5000 2143

4000

2088

2143 1562

1562

3000 1341

2000 1000

802

0

2088 1774

1142

1341 903

903 946

659 802 659

751 1142 1023 946

2876 2899 2899 2876 Total 2575 Total 2575 Complaints 2369 Complaints 2369 Regional 2082 Regional Offices 2082 Kampala Offices HQs 1774 Kampala HQs 1566 1295 1598 1566 1365 1295 1598 1234 1365 1141 1234 1141 1581 785 751 1301 1581 785 1135 1210 941 1301 1210 781 1135 1023 781 941

0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014

As seen from the above graph, the lowest number of complaints were registered in 2006 Asfrom seen from the there above graph, the lowest number of complaints were registered As seen the above graph, the lowest number of of complaints were registered in in 2006 (1562) but since then has been an upward trend complaints registered especially

2006 (1562) but then there therehas hasbeen beenananupward upward trend of complaints registered (1562) but since since then trend of complaints registered especially at the Regional Offices. especially atRegional the Regional Offices. at the Offices.

FigureFigure 10 11 11complaints TrendTrend ofFigure the investigated and at the theKampala Kampala ofcomplaints the investigated andcompleted completed at Headquarters and Regional Offices for the years 2005 –2014 Headquarters andcomplaints Regional Offices for the and yearscompleted 2005 –2014 Trend of the investigated at the Kampala 6000 Headquarters

and Regional Offices for the years 2005 –2014 Total complaints

6000 5000

Total complaints Regional Offices

5000 4000 4000 3000

Regional Offices Kampala Hqs

2043 1824

2043 1474 1824

3000 2000

1389

1474

1389 831

2000 1000 01000 2005

2419

2419

Kampala Hqs 1530 1579

1575

1530

1579

1186

1575

1186 831

2006

2007

2008

2009

2010

2011

2012

2013

2014

0

The graph above Inspectorate of Government 2005 shows 2006 that, 2007 the 2008 2009 2010 2011 2012investigates 2013 2014and completes at least 1500 complaints each year. The number of complaints investigated and The graph above shows that, the Inspectorate of Government investigates and completes completed notably low Inspectorate in 2009 (831)ofdue to the factinvestigates that during and that completes time the The graph abovewere shows that, the Government at least 1500 complaints each year. The number of complaints investigated and

at least 1500 complaints each year. The number 67 of complaints investigated and completed completed were notably low in 2009 (831) due to the fact that during that time the were notably low in 2009 (831) due to the fact that during that time the institution did not 67 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.

54

Table X Complaints received according to the districts for the period January-June 2015 S/N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42

District

Kampala Jinja Wakiso Kabarole Iganga Arua Kabale Kasese Mukono Soroti Mbarara Masaka Rakai Moyo Tororo Gulu Lira Mbale Yumbe Moroto Hoima Kalungu Luuka Mpigi Not given Busia Kayunga Kamuli Kyenjojo Lyantonde Luwero Kamwenge Buikwe Bukwo Bundibugyo Kaabong Kibaale Kiryandongo Sembabule Kiruhura Kitgum Kumi

Number of Complaints 325 82 44 38 31 27 27 27 27 27 26 25 25 24 24 21 17 17 17 16 15 15 15 15 15 14 14 13 13 13 12 11 10 10 10 10 10 10 10 9 9 9

55

Percentage 23.1% 5.8% 3.1% 2.7% 2.2% 1.9% 1.9% 1.9% 1.9% 1.9% 1.8% 1.8% 1.8% 1.7% 1.7% 1.5% 1.2% 1.2% 1.2% 1.1% 1.1% 1.1% 1.1% 1.1% 1.1% 1.0% 1.0% 0.9% 0.9% 0.9% 0.9% 0.8% 0.7% 0.7% 0.7% 0.7% 0.7% 0.7% 0.7% 0.6% 0.6% 0.6%

S/N 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85

District Nakaseke Ntungamo Amuria Kisoro Lwengo Bugiri Bushenyi Buyende Maracha Masindi Namayingo Zombo Kalangala Kaliro Katakwi Mayuge Mityana Serere Amolatar Budaka Bukomansimbi Buliisa Gomba Kapchorwa Lamwo Ngora Alebtong Bukedea Ibanda Kaberamaido Kanungu Kween Manafwa Mitoma Mubende Namutumba Napak Pallisa Rukungiri Sheema Abim Agago Bududa Isingiro

Number of Complaints 9 9 8 8 8 7 7 7 7 7 7 7 6 6 6 6 6 6 5 5 5 5 5 5 5 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 3 3 3 3

56

Percentage 0.6% 0.6% 0.6% 0.6% 0.6% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.5% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.3% 0.2% 0.2% 0.2% 0.2%

86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 102 103 104 105 106 107

Kiboga Kyankwanzi Oyam Pader Adjumani Amuru Apac Bulambuli Butambala Buvuma Dokolo Kibuku Koboko Kyegegwa Nakapiripirit Ntoroko Nwoya Rubirizi Butaleja Nakasongola Total

3 3 3 3 2 2 2 2 2 2 2 2 2 2 2 2 2 2 1 1 1406

0.2% 0.2% 0.2% 0.2% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 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.

57

Table XI The Nature of complaints Investigated and completed during the period January – June 2015 Corruption Complaints Number of complaints 157 108

Percentage 16.5% 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 Conflict of interest Extortion

30 29 27

3.2% 3.1% 2.8%

Nepotism/irregular recruitment

18

1.9%

Abuse of office Corruption

Sub Total

640 Ombudsman Complaints

67.4%

Mismanagement of public resources

84

8.8%

Nonpayment of salaries and other benefits

61

6.4%

Property Disputes Delay of service delivery

37 31

3.9% 3.3%

Victimization

29

3.1%

Tenders & Contracts

28

2.9%

Others Sub Total Amassing wealth Failure to declare Sub Total Total

26 296 Leadership Code Complaints 6 8 14 950

2.7% 31.2% 0.6% 0.8% 1.5% 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.

58

Table XII Departments/Institutions complained against during the period January – June 2015 DEPARTMENT/INSTITUTION Number of Complaints No.

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36

District Administration Individuals (Public officials) District Service Commissions Municipal & Town Councils School Administration (Primary & Secondary schools ) Uganda Police Ministry of Public Service Sub county Administration Judiciary Private companies /Organizations Ministry of Lands (Especially Land Registration Office) Tertiary Institutions Local Councils Hospitals & health centers Land Board Ministry of Education UNRA Colleges/institutes KCCA Administrator General Contract committees DEOs Ministry of Water and Environment NAADS NUSAF Embassy Education Service Commission NSSF UNEB RDCs Ministry of Health Banks Ministry of Energy Uganda Land Commission URA IG

Kampala Hqts 90 79 46 40 28

Regional Offices 186 168 69 63 63

Total Complaints 276 247 115 103 91

19.6% 17.6% 8.2% 7.3% 6.5%

35 17 10 19 19 22

51 25 27 14 12 7

86 42 37 33 31 29

6.1% 3.0% 2.6% 2.3% 2.2% 2.1%

22 0 8 6 8 9 10 5 8 0 3 7 4 3 6 4 5 5 5 4 4 4 3 3 2

5 24 9 7 4 3 1 5 1 7 4 0 2 3 0 1 0 0 0 0 0 0 1 0 1

27 24 17 13 12 12 11 10 9 7 7 7 6 6 6 5 5 5 5 4 4 4 4 3 3

1.9% 1.7% 1.2% 0.9% 0.9% 0.9% 0.8% 0.7% 0.6% 0.5% 0.5% 0.5% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.4% 0.3% 0.3% 0.3% 0.3% 0.2% 0.2%

59

% age

No.

37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77

DEPARTMENT/INSTITUTION

Ministry of Works District Engineers Electoral Commission NFA Ministry of Gender NWSC DISO/GISO Ministry of Tourism President’s office UWA ISO & UPDF DPP JCRC Ministry of Local Government NGOs Public Service Commission Company Registry UMEME NDA UNBS Uganda Prisons DPACB OPM Ministry of Lands CAA Immigration Department State House Uganda AIDS Commission National Medical Stores Attorney General UBC Health Service Commission Ministry of Internal Affairs UPPC UETCL Ministry of finance Judicial Service Commission DEI PPDA National ID Project New Vision & Printing Corporation

Number of Complaints Kampala Hqts 2 1 1 2 3 2 3 3 1 3 1 1 2 2 2 2 2 2 2 2 1 1 1 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 0 1

60

Regional Offices 1 2 2 1 0 1 0 0 2 0 1 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0

Total Complaints 3 3 3 3 3 3 3 3 3 3 2 2 2 2 2 2 2 2 2 2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1

% age 0.2% 0.2% 0.2% 0.2% 0.2% 0.2% 0.2% 0.2% 0.2% 0.2% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1% 0.1%

No.

78 79

DEPARTMENT/INSTITUTION

Others (e.g. audit queries) Total

Number of Complaints Kampala Hqts 0 617

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.

Regional Offices 14 789

Total % age Complaints 14 1.0% 1406 100.0%

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

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.

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,

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

61

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

63

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/35/11/14

D/AIP Mbonekyeirwe Tobius Police Officer attached to CPS Kabale.

Corruptly soliciting for and receiving gratification.

3.

GUL/07/12/11

Anthony Vincent Opio, Senior Assistant Town Clerk, Gulu Municipal Council.

Abuse of Office, Forgery.

4.

HQT/52/1/2014

Kabanda Edrisa, State Prosecutor, DPP, Kapchorwa Station.

Corruptly soliciting for and receiving gratification.

5.

HQT/52/1/2014

Namugqere Asanas Nancy, Office Attendant DPP, Kapchorwa Station.

Corruptly soliciting for and receiving gratification.

6.

HCT-ACSC-0121/12

Okello D. Louis, Civil Engineer, Amuru DLG.

Warrant of Arrest for jumping bail.

7.

JNJ/01/06/2013

Wamuzigo Fred, Assistant Engineering Officer Civil, Kamuli DLG.

Causing Financial Loss.

8.

FP/06/04/2014

Birungi Norman, Chairman Kyegegwa Abuse of Office. DLG.

9.

FP/06/04/2014

Amanya Latif Ibrahim, Vice Chairman 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/2/10/2015

Musoke Paul, LC III of Njeru Town Council.

Refusal to record statement.

12.

HM/06/06/2014

Kirungi Kadir, Chairman Busiisi Division, Hoima Municipal Council, Hoima District.

Abuse of Office.

13.

HM/6/6/2014

Muganzi Samuel Senior Assistant, Town Clerk, Busiisi Division, Hoima Municipal Council, Hoima District.

Abuse of Office.

14.

MKN/2/4/2015

Bironde Hamza, Police Officer attached to Koome Police Station.

Alleged soliciting and receiving a bribe.

64

S/N

REFERENCE

PARTICULARS OF SUSPECT

OFFENCE(S) Abuse of Office (charging illegal fines).

15.

MKN/8/4/2015

Obalim Bosco, Health Inspector Bale County, Kayunga District.

16.

MKN/8/4/2015

Nansaba Milly, Parish Chief Kitimbwa Abuse of Office (charging Sub-County Kayunga District. illegal fines).

17.

MKN/8/4/2015

Lukabwe John, Parish Chief Abuse of Office (charging Nkokonjeru Parish, Kayunga District. illegal fines).

18.

KLA/01/05/2015

Patrick Obbo Oneko, State Attorney (RSA) of Mubende.

19.

ARU/05/02/09

Peter Okello, Ag. Chief Administrative Officer, Zombo District Local Abuse of Office. Government.

20.

ARU/05/02/09

Michael Kermundu, Ag. Chief Finance Officer, Zombo District Local Government.

Abuse of Office.

21.

HQT/87/3/2015

Nabukenya Mastula, Human Resource Officer, Office of the Prime Minister.

Embezzlement, Causing Financial Loss, Abuse of Office, False Accounting.

22

HQT/87/3/2015

Makutubu Moses, Driver, Office of the Prime Minister.

Forgery.

23.

MBR/07/6/2015

ASP Atwire Francis, Police Officer Alleged corrupt soliciting attached to Rwizi Regional Police Hqt, and receiving gratification. Mbarara.

24.

MUK/2/06/2015

Moses Butamanya, Court Clerk G1 Magistrates Court, Kayunga.

Alleged soliciting and receiving a bribe.

25.

HQT/89/06/15

Nabirye Rebecca, Court Clerk G1 Magistrates Court, Kira.

Alleged soliciting and receiving a bribe.

26.

KLA/18/06/15

Kibahwire Annet, School Bursar, Kitebi S.S.

Corruptly offering gratification.

27.

MBL/16/06/15

David Odicha, P.C No. 38385 Police Officer attached to VIIPU Nsambya.

Alleged soliciting and receiving a bribe.

28.

MBL/16/06/15

Amuza Waiswa, Deputy Head Teacher of Budaka Primary school.

Alleged soliciting and receiving a bribe.

65

Alleged soliciting and receiving a bribe.

APPENDIX C PROSECUTION CASES

66

TABLE XIV SUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD JANUARY – JUNE 2015 S/N

NAME OF ACCUSED

COURT REFERENCE NUMBER

OFFENCE COMMITTED

OUTCOME

Embezzlement, Causing Financial Loss and False accounting

1st Respondent was convicted on appeal before the high courtACD. He was sentenced to imprisonment for 3 years and ordered to refund Ug Shs.2,553,400/= funds embezzled.

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/=.

1

Gizibui Sam Gizamba & Anor, SubCounty Chief and Sub-Accountant of Buwalasi Sub-County, Sironko district.

2

Christopher Odongo, Advisor, Restoration of Agricultural Livelihoods in Northern Uganda (RALNUC) Sector support by DANIDA.

3

Turyabahika Sephats, Cr Case No former head teacher of 045/2014 Makobore High school.

Abuse of Office, Embezzlement and Causing Financial Loss.

Convicted and sentenced to 3 years imprisonment and a refund of Ug Shs.3,430,500/=.

4

G. W. Ssazi Ag. 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.

5

Ernest Enzama Asst CAO of Maracha District.

Cr Case No 41/2014

Offering gratification

convicted and sentenced to 12 months imprisonment

6

Bamwira Richard, former Finance Officer, ACD 138/2011 Kampala Central Division, Kampala.

Embezzlement and false accounting by a Public Officer.

convicted

7

Gawaya Andrew State attorney formerly attached to DDP office in Ibanda.

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.

9

Lukubo Benson and PC Odama Police Officer and businessman.

Cr 0024/2013

Soliciting receiving gratification and personating an officer of the IG.

Convicted

Owona Walter, former CDO, Amuru District.

GUL 172/2013

Forgery and uttering forged documents.

Convicted

10

Cr Appeal No 29/2013

Cr Appeal No 005/2014

Cr case No 164/2014

67

S/N

NAME OF ACCUSED Bwahuha Gedeon Ithunga Eresi Kizza Jackson

11

All teachers at Nyakiyumba Senior Secondary School, Kasese District.

COURT REFERENCE NUMBER

OFFENCE COMMITTED

OUTCOME

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.

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.

Soliciting for and receiving gratification.

Convicted and sentenced to a fine of Ug. Shs.2,000,000/= or 1 year in prison in lieu.

12

Kisembo Moses Bahemuka, Kocho Mark, Illukor Jobs and Ogobi Lillian A1 Chief Administrative Officer. A2 Chief Finance Officer. A3 Deputy Chief Administrative Officer. A4 Commercial officer

13

Mukiza Harrison Supervisor with Allied Health Professionals ACD-C0-079/2014 I/C of Soroti-Karamoja Region.

14

Bonyo Godfrey O/C CID of Kazo Police Station, Kiruhura district.

15

Ayesiga Suluman, Senior Accounts Assistant, Kyegegwa District.

16

Aguti Margaret Process Server, Magistrate Grade II Court, Serere district.

ACDCSC-078/2013

Soliciting and receiving Gratification.

ACD 110/2012

ACD 0012/2012

Causing Financial loss, Embezzlement 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.

141/2014

Soliciting and receiving gratification.

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.

ACD CO 127/2014

Abuse of Office and Forgery,

A1 was convicted while A2 was acquitted.

Utuya Abraham and Ochero Simon. ACD-CSC 078/2013

17

A1.Ag District NAADS Coordinator, Kabong and A2 Sub-County Chief Kapedo S/C.

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.

68

NAME OF ACCUSED

COURT REFERENCE NUMBER

OFFENCE COMMITTED

OUTCOME

18

Sam Osongol Court Clerk/Office Supervisor Law Development Center.

Cr case No. 003/2013

Soliciting and receiving gratification.

Convicted

19

Akankwasa Damien, Executive Director, National Forest Authority.

ACD 70/2010

Abuse of Office

Convicted 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/=.

21

CPL Musinguzi Abel, Police Officer at Mbarara 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.

22

Mutesasira John Drinkwater, Assistant Engineer Bombo Town Council

Causing ACD-CSC- 13/2011 financial loss and abuse of office.

23

Matega Aquino Assistant Law Enforcement Officer, Masaka Municipal Council.

HCT-00-ACSC-0098/2012

24

Atai Hellen Doreen and Dr. Eumu Silver, CFO and DHO Amuria District.

Embezzlement, Causing Cr Case 0021/2013 Financial loss and False accounting.

S/N

25

Gashenyi John Wycliffe.

26

Cheptuke Kaye, Magistrate

27

Semambo Stephen, Director General Construction and Maintenance Co Ltd, Kampala.

Corruptly soliciting for and receiving gratification.

Cr Appeal No. 240/2010

Cr Appeal No /2012

Convicted and sentenced to imprisonment for 2 years. Convicted and sentenced to imprisonment and ordered to refund monies Embezzled.

Causing Financial loss.

Court upheld the conviction and dismissed the Appeal. Sentence enhancement was set aside.

Soliciting and receiving gratification.

Court of Appeal upheld conviction.

Fraudulently BUG RD 762/2011. procuring a tender.

69

Convicted and sentenced to a fine of Ug. Shs.2,000,000/= and ordered to refund Ug. Shs.4,000,000/=.

Acquitted

COURT REFERENCE NUMBER

OFFENCE COMMITTED

OUTCOME

28

Aziku Gad, Senior District Staff Surveyor, ACD-CSC-29/2014 Arua District.

Receiving gratification.

Acquitted

29

Bukirwa Florence, LCII Secretary, Bukalasa Kampala District.

ACD-025-2013

Soliciting and receiving gratification.

Acquitted

30

Michael Kakonge, Overseer/Foreman of Jinja Municipal Council, Jinja Local Government.

CSC 103/2011

Embezzlement and False Accounting.

Acquitted

31

ACD-CSC-N0 Wewe Dominic and Dr. 144/2014 Opigo

Causing Financial loss and Abuse of office.

Case was withdrawn against A2.

32

Mamuzigo Fred and Mubiru Paul, Engineering Assistants, Kamuli District Local Government.

Causing Financial loss.

Case was withdrawn.

The case was withdrawn against others save for MawandaDanstan.

Case withdrawn.

S/N

NAME OF ACCUSED

HCT-00ACD-15/15

33

LuwagaMilly and others.

ACD 143/2014

Causing Financial loss, Embezzlement and Abuse of Office.

34

Higenyi Abdul

Co 054/2014

Causing Financial Loss.

ACD -029-2013

Soliciting and Case abetted because receiving gratifi- accused person died in cation and extor- January 2015. tion of money.

35

Ariko Patrick

70

TABLE XV ON-GOING PROSECUTION/PENDING CASES BY THE END OF JUNE 2015 S/N NAME OF ACCUSED

COURT REFERENCE NUMBER

OFFENCE COMMITTED

ACD-CSC 61/2014

Soliciting and receiving gratification, Abuse of office.

1

Jane Mpeirwe, Principal Inspectorate Officer, Inspectorate of Government, Arthur Mpeirwe  advocate and Kaguta former RDC.

2

Bernard David Wandera, former Director Soroti Flying School, Soroti.

3

Asiimwe Joseline, Ogwang Patrick and Ikotot Francis, former top managers of Nambole Stadium.

ACD-CSC-172/2014

Abuse of office, Embezzlement and neglect of duty.

4

Tusiime Elias, Fisheries Officer, Mugoye sub-county, Kalangala District.

ACD-CSC- 173/2014

Soliciting and receiving gratification.

5

Joseph Walugembe, Executive Director, Uganda National Cultural ACD 131/2012 Centre.

Embezzlement, causing financial loss and abuse of office.

6

Kafero Edward, Plumber with National Water and Sewerage Corporation, Kampala.

CSC 187/2011

Embezzlement and abuse of office.

7

Maliisa Ziphora, Principal Personnel Officer, Abim District.

ACD 06/2011

Uttering forged documents.

8

Wanyaka Samuel Hauxley, Director ACD-CSC-091/2014 Parliamentary Budget Office.

Embezzlement, Abuse of Office and False Accounting by Public Officer.

9

Mugisha Fred, State attorney DPP Mityana.

ACD 12/2014

Soliciting and receiving gratification.

ACD-CSC-80/2014

Receiving gratification.

CSC 217/2011

Corruptly soliciting and receiving a gratification.

Bainomugisha John Bosco, NAADS

10 Coordinator of Birere Sub-county Isingiro.

11

Karakire Stephen, Grade II Magistrate, Lyantonde Magistrate’s Court. Apaga Charles, Police Officer

12 attached to Kibaale district.

Ocuga Francis, State Attorney,

13 Adjumani Office.

Ekungu Simon Peter, Sub-County

14 Chief, Ngora Sub-County in Kumi District.

Kitsumbire Thembo, member

15 District PAC, Kasese.

ACD No. 33/2014

Embezzlement and Diversion of funds.

ACD-CSC 005/2014

Soliciting and receiving gratification.

ACD-CSC 24/2014

Abuse of office.

ACD CR CA 19/2011

Corruptly soliciting for and receiving a gratification.

KAS-00-644/2012

Uttering false documents.

16

Awili Agnes, District Environment Officer, Abim District.

CR 0185/12

Uttering false documents.

17

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

ACD-017-2013

Causing financial loss and Abuse of office.

ACD-CSC-25/2014

Soliciting and receiving gratification.

Katamba Fred, Senior Assistant

18 Secretary, Mukono District Local Government.

71

S/N NAME OF ACCUSED Anguzu Robert, Planner, Arua

19 District Local Government

Wewe Dominic and District

20 Engineer, Moyo District

Mawanda Dunstan, Senior

21 Commercial Officer, Njeru Town Council.

Onen George, Records Assistant,

22 Amuru Local Government. Atuhairwe James, District

23 Engineer, Kole District.

Eng. Kitutu Naboya Patrick,

24 District Engineer, Manafwa District.

Okello Louis P’Abur, head Civil

25 Engineer, Amuru District.

COURT REFERENCE NUMBER

OFFENCE COMMITTED

Arua Cr Cs 213/2013

Soliciting and receiving gratification.

ACD 144/2014

Causing financial loss and Abuse of office.

ACD 143/2014

Causing Financial loss, Embezzlement and Abuse of Office.

ACD 109/2012

Abuse of office, Uttering forged documents and giving false information.

ACD-CSC 98/2014

Neglect of duty, Abuse of office and causing financial loss.

ACD 106/2012

Causing financial loss.

ACD 121/2012

Abuse of office and corruption.

Wamuzibira Dathan, Municipal

26 Engineer, Jinja Municipal Council, CSC 105/2011 Jinja District.

Afaro Gilbert, a resident of Seme A,

27 Buhasaba Parish, Buhehe SubCounty, Busia.

Bamulutira Edward, State Attorney

28 Arua DPP’s Office.

Sagal Simon Lolim, former Vice

29 Chairperson LC V, Nakapiripirit. Anecho Stephen, Ag. Town Clerk,

30 Nebbi Town Council.

Okoli Richard, CAO Oyam District

31 and Omara Hudson Acting CFO.

Embezzlement and Causing financial loss, False Accounting.

BUG. RD. CR. CA 1041/2011

Obtaining goods by falsepretence, Uttering false documents.

CSC 0076/2012

Corruptly soliciting for and receiving a gratification.

HCT-ACDCSC-0050/2012

Abuse of office.

ACD 125/2012

Abuse of office.

ACD-36-2013

Causing financial loss and Abuse of office.

Lulu Francis Selle, former Head

32 teacher of Allere Secondary School, ACD-68-2013

Abuse of office.

Atai Hellen Doreen, Chief Finance 33 Officer, Amuria and Alioki Richard. ACD-06-2013

Abuse of office and Embezzlement.

Moyo District.

Obina Hallan, NUSAF Facilitator,

34 Nwoya Amuru District.

CO-OO-GUL-171-2013

Uttering false documents.

TOR-CR-CO 0318/2013

Uttering false documents.

ACD-CSC 19/ 2014

Soliciting and receiving gratification.

No. 41499 DC Dramadri Johnson, 37 Police Officer attached to CPS Arua ACD-CSC-85/2014

Soliciting and receiving gratification.

Napok Paulus Matembu, Examiner

35 Accounts, Manafwa District. Kalungi Robert, Principle

36 Inspectorate Officer,IG

Epaju Pius, former Town Clerk,

38 Pallisa current CAO Amuria. BalyebulyaKaija Richard

39 Community Development Officer, Bundibugyo District.

Evelyn Lanyero and Salwa Sadat,

40 teachers in Gulu District.

Cr Case No. 401/2007

Embezzlement, abuse of office and causing financial loss.

Bundibugyo Cr Case No. 267/2014

Uttering false documents.

HCCR App 3/2008

Uttering forged documents.

72

S/N NAME OF ACCUSED

COURT REFERENCE NUMBER

OFFENCE COMMITTED

41

Rose Ochom, former CAO Kumi, Johnson Opolot, former Assistant CAO, Charles Okalebo, former Kumi case No. Principal Accounts Assistant, Amos 412/2007 Stanley Omongo, former Internal Auditor.

Abuse of office and Causing financial loss.

42

Mbebembeire Mathias, Kakoni LC V Chairperson, Bushenyi.

Cr Case No. 155/2014

Uttering false documents and presenting false documents to an officer of the IG.

ACD 69/2010

Illicit enrichment.

BUG-CR-1695-2001

Causing financial loss and Abuse of office.

ACD- 59-2013

Conflict of interest and disobedience of IG orders.

ACD-CSC-70/2014

Soliciting and receiving gratification.

ACD-003/13

Soliciting and receiving gratification.

48 Town Engineer, Hoima Municipal

CSC 207/2011

Causing financial loss and Abuse of office.

49 Isabirye Samuel

CSC 180/2011

Corruptly soliciting and receiving gratification.

50

Anthony Vincent Opio, Senior Assistant Town Clerk, Gulu Municipal Council.

ACD CSC No. 005/2015

Abuse of office and forgery.

51

Kirungi Kadir & Muganzi Joshua A1 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.

ACD CSC No. 28/01/2015

Corruptly soliciting for and receiving gratification.

Akankwasa Damian, former

43 Executive Director, NFA.

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. Professor Okedi Chairman

45 Kyambogo University Council and 7 others

Hamudan Musa, Ag Office

46 Supervisor, Mbarara High Court. Sam Songol, Court Clerk/Office

47 Supervisor LDC.

Irumba Mbabali Ancletus, Senior Council.

Nakitende Annet, Court Clerk,

53 Mukono Chief Magistrate`s Court

73

S/N NAME OF ACCUSED

54

Hadija Namutebi, Enrolled Nurse, Kawolo Hospital.

COURT REFERENCE NUMBER

OFFENCE COMMITTED

ACD CSC 166/2014

Abuse of office, Theft, Unlawful possession of Government Stores and Neglect of Duty.

Birende Hamza

Soliciting and receiving a bribe.

56 OC CID Koome Police Station. Peter Okello and Kermundu

57 Michael, Ag CAO and Asst CAO Zombo District.

58

Butamanya Moses, Tushabomwe Clare, Ruth Abonga and Natukwatsa Fausta, Court Clerk, Office Attendant. ASP Katwire Francis, Police Officer

59 attached to Rwizi Regional Police headquarters, Mbarara

Umar Kakonge, Sub-County Chief

60 of Wakisi Sub-County, Buikwe

ACD 039/2015

Causing financial loss, Abuse of office.

Cr Case No. 0050/2015

Soliciting and receiving a bribe.

ACD Cr Case No. 0055/2015 Cr Case No. 0053/15

District.

No. 38385 PC Odicha David and Patrick Obbo Oneko, Resident

HCT-00-ACD-CO 0031/2015

Kansiime Resty, Police Officer in

63 charge of Mukono Police Station. 64

Norman Birungi and Amanya Latif Ibrahim A1 is Chairperson of Kyegegwa district and A2 Vice Chairperson. Mbinikwire Tobias

65 D/AIP Kabaale Central Police Station.

Offering gratification to an IG officer. Corruptly soliciting for and receiving gratification.

61 Waiswa Amuza.

62 State Attorney of Mubende.

Solicitation fora bribe.

Corruptly soliciting and receiving gratification. Uttering forged documents.

HCT-AC-0020/2015

ACD 22/2015

74

A1 Abuse of office and A2 Nepotism and Conflict of interest. Corruptly soliciting for and receiving gratification.

TABLE XVI: CRIMINAL APPEALS BY THE END OF JUNE 2015 S/N

1

NAME OF APPELLANT

Bagarukayo Charles

NAME OF RESPONDENT

OUTCOME OF THE PREVIOUS TRIAL

COURT REFERENCE NUMBER

OFFENCE COMMITTED

Uganda (IG)

Acquitted in court of first instance, Convicted on all counts on apCOApeal, he appealed CA-80/2013 against the conviction to court of appeal.

Abuse of office and causing Financial loss.

Causing Financial loss, Abuse of office and Embezzlement

2

David Chandi Jamwa MD NSSF

Uganda(IG)

Convicted by the Trial court, filled  Appeal No. appeal in Court of 77/2011 Appeal.

3

Labong William Kenneth

Uganda

Appeal against conviction.

Cr Appeal No. 9/2013

4

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

Uganda

Appeal against conviction.

Personating a person FP CSC 531/12 named in a certificate

Uganda(IG)

Court of Appeal upheld conviction by High Court. Convict’s apSC-  CRApeal to Supreme 01/2013 Court was heard. Matter awaiting judgement

Uganda(IG)

Convicted by the trial court, Appeal upheld by High Court. Second appeal was heard, matter awaiting judgement.

Uganda(IG)

Convicted by  Trial court, conviction upheld COA CRIM by  High court, APPEAL No. appellant filed an 295/2010 appeal in Court of Appeal.

5

6

7

Cheptuke Kaye David, Magistrate Grade I, Kisoro.

Mwanja Charles, District Prisons Commander-Kasese

Achiga JohnChaiga, District Engineer, Moyo

75

COA CR APPEAL No. 35/2012.

Corruptly soliciting and receiving a gratification.

Abuse of office and causing financial loss.

Abuse of office and causing financial loss.

S/N

8

NAME OF APPELLANT

Adimo Alaba Mark, Head Teacher Kabong S.S.S

NAME OF RESPONDENT

OUTCOME OF THE PREVIOUS TRIAL

Uganda (IG)

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

Uganda(IG)

Convicted by Trial court, conviction upheld by High COA-CRcourt, appellant APP-240-2010 filed an appeal in Court of Appeal.

Abuse of office.

Conviction of the lower court upheld.

SC-CRA-

Corruptly soliciting and receiving a bribe.

Lanyero Evelyn

Acquitted on appeal, made a further appeal.

HCT- GUL –CR App- 2/2012

Uttering of false document.

Uganda(IG)

Convicted by the Trial Court, appealed to High Court.

COACR-30-2008

Abuse of office.

9

Gashenyi John Wycliffe, former Town Clerk, Kiboga.

10

Ndifuna Moses, MagisUganda (IG) trate GII, Mbarara.

11

Uganda

12

Margret Kobusingye and Wanyana, Senior Economist/Desk officer in charge of the Water and Sanitation Sector with Ministry of Finance, A2 was a Senior Assistant Engineering Officer with Ministry of Works.

13

Chemisto A.M, Sammy  Uganda(IG) Nelson, Swami Martin.

14

15

Uganda

Waidha Okuku Stephen and another.

Uganda

Eng. Wanjusi Fabian, District

COURT REFERENCE NUMBER

OFFENCE COMMITTED

COA 29/12

Embezzlement and abuse of office.

Convicted by the Abuse of Trial court. ApCOA-CSC- 205- office, causpealed to Court of 2010 ing financial Appeal. loss.

Acquitted by trial court, convicted HCT-00by High Court. ACD –CR SC Accused filed sec- 021/2010 ond appeal.

Soliciting and receiving a bribe.

Acquitted by Trial CR.481-2006 court.

Causing financial loss and convicted for abuse of office.

76

S/N

16

17

18

NAME OF APPELLANT

NAME OF RESPONDENT

OUTCOME OF THE PREVIOUS TRIAL

Uganda

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

Acquitted by Trial CR-482-2006 court.

Causing financial loss and abuse of office.

Uganda

Phillip Etukoit

Acquitted by Trial Cr App court. 002/2013

Causing financial loss and Abuse of office.

Turyamwesiga Vanance, District Engineer, Kabale Local Government.

COURT REFERENCE NUMBER

Convicted appealed vide Cr App No. 13/2008 and state cross appealed vide Cr App 0041/2008

OFFENCE COMMITTED

Causing financial loss and convicted for abuse of office.

Uganda(IG)

Convicted by Trial court vide CSC 494/2006

Uganda(IG)

Embezzlement, causCourt of Appeal HCT-ACD- 008- ing financial upheld conviction 2010 loss and by High Court. abuse of office.

19

B. S. Okello and others.

20

Stanley Mugenyi, Principal Staff Surveyor, Uganda(IG) Mbarara District Land Office.

Convicted by Trial court, conviction upheld by High CR-076-2009 court, appellant filed an appeal in Court of Appeal.

Abuse of office and corruptly soliciting and receiving a gratification.

21

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

High Court upheld the conviction by ACD App. lower court, they 31/2011 appealed to Court of Appeal.

Embezzlement, causing financial loss andabuse of office.

22

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

Uganda

High Court upheld the conviction by ACD App. lower court, they 32/2011 appealed to Court of Appeal.

Embezzlement, causing financial loss andabuse of office.

23

Uganda

Captain Mike Mukula, former Minister of State for Health.

Acquitted by High Court on appeal. The state appealed against the aquittal.

Causing financial loss and abuse of office.

24

Opolot Johnson and Ojono

Uganda (IG)

Conviction of lower court upheld, COA CR. AppeOpolot filed a al 89/2012 second Appeal.

77

COA- CA-102013

Causing financial loss and abuse of office.

NAME OF RESPONDENT

OUTCOME OF THE PREVIOUS TRIAL

Uganda (IG)

Conviction of lower court upheld, COA.CR Appeal Opolot filed a 90/2012 second appeal.

Causing financial loss and abuse of office.

Uganda (IG)

Conviction of lower court upheld by High Court, COA 108/2012 he filed a second appeal.

Causing Financial loss, False accounting and Embezzlement.

Uganda

Pending Constitutional Court ruling on a Constitutional Reference.

Illicit enrichment.

Uganda

Nahabo Asha

Convicted by Trial court, acquitted COA CRIM by High Court, Appeal No. we filed a second 4/2012 appeal.

Uttering false documents.

29

Uganda

Bukirwa Florence LCII Secretary, Bukalasa, Kampala District.

Appealed against acquittal

Soliciting and receiving gratification.

30

Uganda

Aziku Gad

Appealed against acquittal

S/N

25

NAME OF APPELLANT

Ojono Charles

26

Ampumwize Nad, District Planner, Kabale.

27

Nestor Machumbi Gasasira, Principal Accountant, Public Service.

28

78

COURT REFERENCE NUMBER

ACDCSC-183-2006

Cr Appeal no. 006/15

OFFENCE COMMITTED

Soliciting and receiving gratification.

APPENDIX D LITIGATION CASES

79

TABLE XVII:

LITIGATION CASES CONCLUDED JANUARY – JUNE 2015

CASE REFERENCE NUMBER

NAME OF THE PARTIES

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 2014

IGG& IG Vs Attorney General & Chongching International Construction Corporation.

Judgment delivered in favor of the IG.

3

Misc. Cause No 0102 of 2014

Nkiriho Laila Vs Attorney Gener- Dismissed al and 2 others.

4

Misc. Cause No. 63 of 2014

Chongching International Construction Corporation Vs IG.

Withdrawn

5

Misc. App No. 146 of 2013

Ouma Adea Vs Inspectorate of Government.

Judgment in favor of the IG. Dismissed with costs to the IG.

6

Misc. Application No. 69 of 2007

Pradip Karia Nandla Vs IGG.

Consent entered into with regard to payment of costs.

7

Const. 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

NO

TABLE XVIII: NO.

STATUS

SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JANUARY – JUNE 2015

CASE REFERENCE NUMBER

NAME OF THE PARTIES

CAUSE OF ACTION

1

Misc. Cause No. 001 of 2015

Birus Property Services Vs Inspectorate of Government.

Awaiting Ruling

2

Misc. Cause No. 15 of 2015

Kiirya Robert Vs National Council for Higher Education and IGG.

On going

3

HCT-CVCA-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 Sentongo 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.

7

Court 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 General.

Stayed by an order of the Court of Appeal.

9

Const. Petition No. 1 of 2010

Molly Kyepaaka Vs IG and others.

Awaiting hearing.

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10

Civil application No. 65 of 2015 [Arising from CA No. 24 of 2015

Jeff Lawrence Kiwanuka and others Vs IG.

Awaiting ruling.

11

Constitutional Petition 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 Inspectorate of Government.

Bill of costs taxed.

19

Civil Suits No. 51 of 2011

Kaboodha Mtwalib Vs Inspectorate of Government.

Bill of costs taxed.

20

MA No. 250 of 2014

IG Vs Richard Masaba

Awaiting execution.

TABLE XIX: NO.

SUMMARY OF CASES ON APPEAL DURING THE PERIOD JANUARY – JUNE 2015

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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MISSION OF THE INSPECTORATE OF GOVERNMENT

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

MISSION OF THE INSPECTORATE OF GOVERNMENT

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

INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda Tel (General Line): 0414 344 219/259 738 (Hot Line) 0414 347 387 Fax: 0414 344 810 Email: [email protected] Web: www.igg.go.ug

INSPECTORATE OF GOVERNMENT Jubilee Insurance Centre Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda sms CORRUPT Tel Line): 0414 344 219/259 738 and (General send to 6009 (Hot Line) 0414 347 387 Fax: 0414 344 810 Email: [email protected] Web: www.igg.go.ug

sms CORRUPT and send to 6009

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