Three MPs, lawyer remanded over Shs3.4b theft

Three MPs and a city lawyer have been remanded to Luzira prison on charges of diversion of funds and conspiracy to defraud.

Micheal Mawanda Maranga of Igara East Constituency in Bushenyi District, Ignatius Wamakuyu Mudimi of Elgon County in Bulambuli District, and Paul Akamba Busiki County in Namutumba District were on Friday afternoon arraigned before the Anti-corruption court in Kampala for allegedly diverting Shs3.4 billion meant for war loss compensation by government to Buyaka Growers Cooperative Society for their personal use. 

The three legislators and their co-accused, city lawyer Julius Kirya of Kirya Company Advocates, were remanded until July 9, 2024 as the state conducts further inquiries.
The state says more suspects are still at large.
 

The four suspects are said to have diverted the money contrary to Sections 6 and 26 of the Anti-Corruption Act, 2009 as amended. They are also accused of conspiring to defraud the said money contrary to section 309 of the Penal Code Act Cap 120 which charges. They denied the charges.

They were arraigned before the Nakasero-based court presided over by Chief Magistrate Joan Aciro.
Their co-accused Leonard Kavundira, the Principal Cooperative Officer for Ministry of Trade, Industry, and Cooperatives was not in court.

“The accused persons have a right to apply for bail when and whenever they want but as per their submissions, they are not ready to apply for bail. In the issue of disclosing [evidence], the prosecution is not ready. Since the accused are not on bail, this court cannot proceed to give the hearing date.  The matter is adjourned to July 24 in respect for A5 (Kavundira) to be produced for plea,” Ms Aciro said.

The lawyers of the remandees said they could not apply for bail because they had not gotten instructions to do so from their clients who had been held incommunicado for days.

“We have a predicament. A1 (Mawanda) was arrested on Wednesday, detained incommunicado and we have not had any opportunity to interact with him and seek his instructions. We could have done that today if the accused was produced in good time for us to interact with him at court as it is the practice.  We have been here since morning.  The clouds there are still dark. We fear that it might rain on our client if granted bail. We are deferring our client's right to bail pending interaction with him,” Mr Mwesigwa Rukutana submitted before all the other defense lawyers concurred with him.

According to court documents seen by this publication, the state says Mr Mawanda in October 2021 in Kampala diverted public funds amounting to Shs1.05 billion for purposes unrelated to that for which the resources were intended to wit war loss compensation by the government to Buyaka Growers Cooperative Society Limited for his benefit.

Mr Mudimi between October 2021 and June 2023 in Kampala allegedly diverted public funds amounting to over Shs2.3 billion for purposes unrelated to that for which the resources were intended to wit war loss compensation by the government to Buyaka Growers Cooperative Society Limited for his benefit.
The prosecution further states that MP Akamba between May 2023 and June 2023 in Kampala diverted public funds amounting to Shs200 million for purposes unrelated to that for which the resources were intended to wit war loss compensation by the government to Buyaka Growers Cooperative Society Limited for his benefit.

Mr Taitankoko between October 2021 to June 2023 allegedly transferred public funds amounting to Shs2.2 billion for purposes unrelated to that for which the resources were intended to wit war loss compensation by the government to Buyaka Growers Cooperative Society Limited for his own benefit.

The state further says between 2019 and 2023, Mawanda, Mudimi, Akamba, Taitankoko, and Kavundira conspired to defraud the government of Shs3.4 billion which was intended for war loss compensation of Buyaka Growers Cooperative Society Limited.
The prosecution led by Mr Edward Muhumuza has told the court that investigations into the case are complete. However, he asked for a full month to make disclosures to the defense lawyers.
“This being a voluminous case, we pray that the disclosures be done in a month as it involves protocol. We are going to keep in touch with our colleagues. When we are ready we shall communicate with them,” Mr Muhumaza said.

Meanwhile, MP Akamba who had earlier been granted bail in a separate offence he was jointly charged with Ms Cissy Namujju Dionizia, (District Woman representative Lwengo) and Mr Yusuf Mutembuli (Bunyole East County MP) has been committed to High Court to face trial.

“This court granted bail to the accused. Considering the twist in the event, it is prudent for this court to cancel his bail. As per rule 20 sub-rule 2 (c)of the High Court management his bail is accordingly canceled. The Shs13 million cash he deposited as bail money should be refunded to him,” Ms Aciro ruled.
The state alleges that Mr Akamba, Namujju and Mutembuli on May 13 this year at Hotel Africana solicited from Ms Mariam Wangadya, the chair of the Human Rights Commission (UHRC) an undue advantage of 20 percent of the anticipated enhanced budget of her Commission for the financial year 2024/25 by asserting that they were able to exert improper influence over the decision-making of the Budget Committee of Parliament to increase the commission budget.