Convicted Ibanda former officials set to learn sentence

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The Anti-Corruption Court will Wednesday (May 28) hand down sentences to two former officials of Ibanda district after finding them guilty of unlawfully allocating part of the Ibanda Forest Reserve to a private entity.

They are former chief administrative officer (CAO) Abert Matsiko Mutungwire and former district natural resource officer Tom Nuwagira.

On Tuesday, acting Principal Judge Jane Okuo Kajuga convicted the duo.

In her judgment, she found that Mutungwire and Nuwagira were guilty of illegally granting 50 hectares of protected forest land to Rukokoma Mixed Farmers’ Cooperative Society.

“I find that the prosecution has proved the case beyond reasonable doubt, and I hereby convict the accused as charged,” said Kajuga.

The court heard that the two officials entered into a memorandum of understanding with the cooperative society without following the proper de-gazettement procedures required under the law.

Judge Kajuga noted that the officials acted outside their mandate and violated environmental protection laws by bypassing necessary legal frameworks and institutional approvals.

She further observed that the convicts acted in total disregard of the law, failed to consult relevant authorities, and did not follow the necessary steps required of them before making the decision.

Kajuga said the convicts abused the trust placed in them to safeguard natural resources and instead facilitated the exploitation of the forest.

Senior State Attorney Gertrude Apio from the Office of the Director of Public Prosecutions (ODPP) asked the court to hand the convicts a sentence of three years’ imprisonment for abuse of office, arguing that their actions had caused significant loss to the government and undermined efforts to protect the environment.

“The accused acted with a lot of impunity and abused their authority, regardless of the trust placed in them,” said Apio.

She added that the convicts had never been remanded during the course of the trial and, therefore, should not benefit from a reduction of sentence on that basis.

In response, defence lawyer Evans Tusiime asked the court to consider a non-custodial sentence, such as a fine, arguing that the district did not suffer any financial loss and that the forest was never formally degazetted. 

A non-custodial sentence is a punishment that does not involve imprisonment.

Tusiime said his clients believed they did the right thing.

He further told the court that the convicts have been out of employment since 2008 and are the sole breadwinners for their respective families.

“If handed a custodial sentence, their innocent dependents will grossly suffer,” said the defence lawyer.