COURT | FRAUD | CORRUPTION

KAMPALA - Two businessmen who had been accused of theft of sh4b for land compensation have forfeited properties worth sh2.5b to the Inspectorate of Government. 

Muhammad Kamoga and Hussein Mugumya surrendered properties to government as compensation and agreed with the IGG to settle the case out of court. 

Kamoga and Mugumya had been jointly charged with interdicted senior government surveyor for Wakiso district Dr Joseph Batume. 

The case against Batume, who is accused of abuse of office and causing financial loss, is still pending before Justice Lawrence Gidudu of the Anti-Corruption Court in Kololo, Kampala. Prosecution, led by senior Inspectorate officers; Diana Nantabazi and Jacqueline Mawuwoko, informed court presided over by Justice Gidudu that following the agreement, the Inspectorate of Government had decided to discontinue proceeding against Kamoga and Mugumya. 

Nantabazi and Mawemuko further told court that the agreement was done outside court system between the Inspectorate and the accused. 

Diana tendered in court a Nolle Prosequi (a formal notice of abandonment) to indicate that the IGG is no longer interested in prosecuting the case. 

Inspectorate of Government spokesperson Ali Munira said Kamoga and Mugumya have forfeited properties located in Busega in Wakiso district, at Plot 800, Block 20 and Nakitokolo Block 328 Plot 437.

Case against Batuwe

It is alleged that Batume, in the course of his employment as a staff surveyor for Wakiso district, abused his authority when he arbitrarily issued instruction to survey government land that was gazetted as a forest reserve. 

The Inspectorate of Government (IG) alleged that Batume issued a survey instruction number Z/2/1871 and MA/Z/5/4330 to Jacob Latuke Jolanam. 

It is alleged that the instruction was in connection to Plot 285 Block Grant 537 Busiro forest reserve, located at Nakigalala Katale, an act that IGG said was prejudicial to the interest of the National Forestry Authority (NFA) and government. 

According to prosecution, upon Batume’s instruction, Uganda National Roads Authority (UNRA) reportedly paid sh4b to Mugumya and Kamoga. 

The payment was premised on the fact that they were the proprietors of the land and were entitled to compensation to pave way for a government road project. 

In the second count, prosecution said Batume caused a loss as Wakiso surveyor when he issued instructions to survey plots 313 and 322 Busiro Block G537. 

It is alleged that Batume issued the instructions irregularly when he knew that the land is located within Kajjansi Forest Reserve and that his action would cause loss of sh4b to government.

Charges 

Prosecution had said that Kamoga and Mugumya fraudulently, without any claim of right, stole sh4b being property of UNRA. Prosecution said the duo committed the offences between 2011 and 2012. 

Justice Gidudu adjourned Batume’s case to March 16 to give IGG sufficient time to decide on the matter.

UNRA probe 

In 2015, Justice Catherine Bamugemereire headed the probe into UNRA, whose report was handed to President Yoweri Museveni. 

The probe established that sh9 trillion was used to construct 1,500km of roads over seven years and that the funds should have been enough to construct 5,147km. 

The team also established that sh4 trillion was misappropriated by the old UNRA team. 

The commission recommended prosecution of over 90 people, as well as asset recovery. So far, Batume and co-accused are the latest to be produced in court.