Katosi Road scam probe nearing completion

By Michael Odeng

 

THE Anti-Corruption Court on Tuesday granted the Inspectorate of Government (IGG) three weeks to complete investigations of a case linking embattled minister Abraham Byandala to the Mukono-Katosi Road saga.

 

Byandala was last month charged in connection with the loss of over sh24b meant for the upgrade of the 74 km Mukono-Katosi Road. 

 

The IGG prosecutor, Rogers Kinobe had requested the court presided over by Senior Principal Grade One Magistrate Julius Borore, for three weeks to complete inquiries. 

 

Kinobe informed the court that the IGG along with the Police were in the final stages of investigations.

 

“The investigation that started in year 2013 is almost complete. We therefore pray for more time,” Kinobe requested.

 

The magistrate adjourned the Proceedings to September 17, and the accused person’s bail was extended till then.

 

Byandala, 65, the Minister without Portfolio was charged together with three former Uganda National Roads Authority (UNRA) officials; Berunado Ssebbugga, 54, (former Acting Executive Director), Joe Ssemugooma, 54, (Acting director finance and Administration), Marvin Baryaruha, 45, (legal counsel). 

 

Recently, all the officials were relieved off their duties by the new Executive Director Allen Kagina.

 

Others are; city businessman Apollo Senkeeto, 45, and a former Housing Finance Bank official Isaac Mugote. Lawyer Nsubuga Mubiru, Maxi Mutabingwa, Ivan Engoru, William Were, and Robert Kagoro, represented the accused persons.

 

The accused are battling charges of abuse of office, disobedience of lawful orders, influence peddling, causing financial loss, corruption, theft, and obtaining money by false pretense. 

 

Others are uttering false documents, conspiracy to defraud and felony, obtaining execution of a security by false pretense and aiding and abetting theft.

 

Meanwhile, Baryaruha who skipped court twice appeared following summons issued last week and was granted cash bail of sh12m pending trial. The accused persons appeared composed before the magistrate. 

 

Byandala donned a navy blue suit and white shirt while Senkeeto was dressed in a pair of blue trousers and a checkered shirt. The court was fully-packed with relatives and friends.

 

Procedurally on completion of the probe, the IGG notifies court of the development by formulating an indictment.

 

The committal papers containing the indictment are then forwarded to the High Court, which has jurisdiction to try such offences. The Magistrate’s Court only has powers to mention such cases, during which suspects are informed of the progress of the investigations.

 

Byandala is accused of authoring a letter in August 27, 2014, ordering for the continuation of works on Mukono-Kyetume-Katosi/Kisoga-Nyenga Road by Chongqing International Construction Corporation (CICO).

 

It is purported that he also ordered for the formalization of the illegal sub contract of works with CICO by ensuring that an agreement is signed between Eutaw and CICO authorizing UNRA to pay CICO directly.

 

Prosecution alleges that Byandala issued the orders well knowing that Eutaw had breached its contract with UNRA and that following investigation the transaction had been halted by the IGG in a letter dated July 17, 2014. In so doing he disobeyed the IGG’s orders.

 

According to court documents, Byandala improperly influenced the procurement process that led to the award of tender and signing of a contract between Eutaw and UNRA contrary to the principles and procedures of procurement in UNRA.

 

Meanwhile, prosecution alleges that between 2013 and 2014 Senkeeto fraudulently stole sh24.7b meant for Katosi Road upgrade. 

 

He also impersonated the country representative of Eutaw and obtained the said money. 

 

It is further alleged that he also authored a false housing finance bank performance guarantee to UNRA purporting that the security document had been issued to Eutaw for execution of the contract. 

 

He is said to have forged statewide insurance company advance payment bond of the money in question.

 

Prosecution also alleges that Senkeeto authored a false KCB Bank bid guarantee for sh1.9b in support of a bid for procurement of the road upgrade. 

 

He allegedly obtained execution of performance bond of sh16.5b from insurance company of East Africa and UAP insurance company by misrepresenting to them that it was guaranteeing a pending payment for the road.

 

Meanwhile, UNRA officials were accused by the IGG for effecting payment of sh24.7b to Eutaw without establishing its authenticity. 

 

However, Mugote was accused of aiding theft of sh24.7b.