Was Justice Sebutinde’s investigation of police a waste?

The commission had recommended that government pays police constables a minimum monthly salary of Shs600,000 but the officers to this day earn less than half of that proposed living wage - Shs260,000 even when the economic situation has drastically worsened.

The patched official response has rendered government susceptible to accusations of wasting tax payers’ money on inquests it knows too well it would not implement its findings to the letter.

A former minister, who asked not to be named, said following a rancorous debate on the commission’s report in early 2000s, Cabinet nearly trashed it entirely on grounds it lacked incriminating evidence against accused persons and Justice Sebutinde pandered to the public.

The findings, according to the ex-minister who asked not to be named to freely discuss otherwise confidential Cabinet meetings, were salvaged on the understanding that discarding it when the commission made the population hysterical would discredit bureaucrats as unserious and without the political will to fight graft.

In the end, the Executive endorsed the Sebutinde report, passing the buck to different government agencies, among them the Inspectorate of Government (IGG) and Police itself, to conduct further investigations on officers named in corruption, abuse of office, connivance with criminal gangs and negligence of duty.

President Museveni, himself at the time unenthusiastic about the Force’s civilian leader he considered corrupt, lethargic and bureaucratic; broke ranks to appoint now Lt. Gen. Katumba Wamala to head and breathe new life into the police.

The general, whose affable character charmed the civilian population, resulting in industrialists in Kampala contributing cash to the underfunded Police to buy patrol cars, was removed after President Museveni publicly complained it was not Katumba’s role to beg money from the public.

He was replaced with Maj. Gen. Kale Kayihura whose tenure has witnessed dramatic jump in budget allocation to police, equipping of the Force and its increased visibility although he stands accused by critics for militarising police that human rights campaigners have severally named for gaining notoriety for stifling citizens’ enjoyment of civil liberties.

These spasmodic actions notwithstanding, the Ministry of Internal Affairs Permanent Secretary, Dr Stephen Kagoda, said implementation of specific government recommendations was the responsibility of institutions mandated by law. He said: “A Cabinet paper was written talking about implementation of the findings of the Sebutinde Commission report and all those issues (recommendations) were sorted.”

Restructuring of the Force followed. It would, however, appear no prosecutions or internal punishment using police disciplinary structures occurred.

Procrastination
Former Ethics Minister Miria Matembe holds the view that most of the Commission’s findings were implemented except where evidence was lacking to back allegations against the accused. “Many of the officers were interdicted or sent home,” she said by telephone on Friday. “Administratively, many things were done but criminally, I do not think anyone was prosecuted.” Because government is huge and with many departments, public officials blacklisted in one organ can be recycled without knowledge of their supervisors to new civil service assignments undetected.

The inaction on some senior police officers, analysts say, points to two things: The Sebutinde commission either did a shabby job or there is feeble political oversight.

For example, John Baptist Kasango whom the Commission said should, together with his colleague Magid Babunduka, be prosecuted for allegedly robbing $1,500, Shs1.2m and unspecified quantity of gold from Congolese national, Lukulirwa Kambale on November 11, 1997, reportedly remains at large. On the other hand Babunduka was charged, not with highway robbery as directed by the then IGP, but reportedly obtaining money by menace - even when a gun was said to have been used to threaten the alleged victim.

Mr Kasango is now attached to the recently-created Field Force Unit. Justice Sebutinde’s Commission had noted that he enjoyed protection from his bosses, among them Mr Edward Ochom, at the time the commander for Kampala Extra Region. Now he is the CID Director.

The Sebutinde Commission says Mr Ochom and other detectives allegedly mishandled investigations into the 1997 murder of rally driver Gerald Kaddu.

In a telephone interview on Friday, the CID chief said he is a clean man because Cabinet and relevant government organs cleared him and questioned the motive of this newspaper resurrecting a report compiled 10 years ago.
“[After the Commission’s work], some people left the Force, others remained. You think that was by some coincidence? “Why do you want to awaken the skeletons wherever they are?” he asked.

Police’s defence is that it did not take action against its officers, now in top-level command positions, because the Executive as well the Ombudsman exonerated them.

Because this newspaper was unable to access the Cabinet white paper, it was not possible to ascertain details of otherwise privileged discussions by ministers, and specifically what counter-evidence convinced them to ditch the Sebutinde recommendations on specific officers.

The Commission had recommended that the deputy IGP, Mr Martin Okoth-Ochola, praised in sections of the report as a “truthful” man with leadership “potential”, together with three others, be charged with “neglect of duty.” It was not clear what action, if any, was taken by police leadership.

Justice Sebutinde’s team said as legal adviser then to Police tender committee, Mr Okoth-Ochola allegedly offered irregular counsel resulting in the contested cancellation of Sirak Eyasu’s $71,000 contract to supply boots and socks for the Anti-Stock Theft Unit (ASTU) personnel. The tender was later awarded, at almost double the original price, to a handpicked UK company, SHEARGOLD LTD.

Three others adversely named in the Commission report for either alleged corruption, abuse of office or connivance with criminal gangs have since become directors.

These include Mr Ochom, Mr Godfrey Bangirana (Logistics/Engineering) and Mr Grace Turyagumanawe (Operations) who was among six senior commissioners that President Museveni on November 9, promoted to the rank of Assistant Inspector Generals of Police.

Force Spokesperson Judith Nabakooba, said she was informed the trio was exonerated but provided no specifics. Earlier, she declined to respond to our email enquiries seeking details of action police may have taken against officers it was asked to sanction a decade ago.

IGG clearance
IGG Spokesperson Munira Ali told this newspaper that former Ombudsman Jotham Tumwesigye, based on the recommendations of the Sebutinde Commission, carried further investigations and cleared in writing nine of 13 police officers against who charges of corruption, abuse of office, under-declaration of unexplained riches had been leveled.

Police Welfare director, Ms Elizabeth Muwanga, is the only director exonerated by the Inspectorate according to a February 15, 2002 correspondence that Ms Ali availed to this newspaper on Wednesday - and it is unclear if that list is exhaustive.

Ms Ali did not share the IGG files so we cannot say on what grounds the officers were exonerated and others punished. Officers that Ombudsman Tumwesigye found culpable included then Commissioner for Administration, Mr Stephen Okwalinga, whom he recommended to be dismissed; the Personnel/Management Commissioner, Mr John Luyirika Musoke (forced to retired) and retired Crime Commissioner George Garyahandere whom the IGG said “should never be considered for any public office”. Mr Solomon Bantebye, the former Force estate’s officer, the IGG recommended, should be relieved of his duty for conflict of interest.

The fact that some senior officers were kicked out of the Force based on the Sebutinde report, and none prosecuted, has raised questions about whether some could have been clothed by the Executive or indeed if the Commissioners were not up to scratch with their investigations.

The Sebutinde report is one of the many that have been shelved by the government, with some having been acted upon and other partially implemented. Most famous is the David Porter Commission of Inquiry into the alleged plunder of DR Congo resources by the UPDF and that which investigated the existence of ghost soldiers in army.

Expired job contracts
It is understood the employment contracts of the top police brass have expired and anxiety is building among commanders on whether they will have their jobs back if President Museveni chooses to refer to the Sebutinde Commission.

That decision, which is the President’s call as the appointing authority, will likely set the stage for debate on whether there would be need for fresh investigations into the findings of a commission of inquiry that rattled Ugandans owing to its abrasive style that saw mighty police officers much harangued, and as it now turns out, less sanctioned.