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Court sets pre-trial date in sh60b heist case

Justice Makumbi said the pre-trial process was intended to dispose of matters that were not contentious, allowing the eventual trial to focus on issues that remained in dispute.

Court sets pre-trial date in sh60b heist case
By: Michael Odeng, Journalist @New Vision

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The High Court Anti-Corruption Division has set October 12, 2026, for plea-taking and the commencement of the pre-trial process in the sh60 billion government funds heist case.

Justice David Makumbi on August 31, 2026, adjourned the case to allow the prosecution to complete disclosure of evidence to the accused persons and for both parties to prepare for the pre-trial process.

Justice Makumbi said the pre-trial process was intended to dispose of matters that were not contentious, allowing the eventual trial to focus on issues that remained in dispute.

He said court would, in future, make arrangements to ensure that the established rules on disclosure were strictly followed.

The judge expressed concern over the prosecution’s disclosure process, noting that the State had indicated that its disclosures were final, yet additional documents continued to be supplied to the defence.

He referred to Rule 8(7) of the High Court (Anti-Corruption Division) (Case Management) Rules, 2021, which provides for pre-trial disclosure of evidence by the prosecution in corruption cases.

Justice Makumbi noted that although the rule does not specify when the list of disclosures should be filed, the principle against trial by ambush required that the disclosure process ideally be undertaken in two stages.

The first stage, he explained, should contain a list of intended disclosures, while the second should comprise a final list of actual disclosures, signed off by the defence lawyers.

According to the judge, providing a list of intended disclosures would bring certainty and finality to the disclosure process.

He, however, clarified that further disclosures after the final list had been filed were not necessarily prohibited, provided they were made in a manner that respected the accused persons’ right to a fair trial.

DPP given disclosure deadline

Justice Makumbi ordered the Director of Public Prosecutions (DPP) to complete all disclosures by close of business today (September 1) and file proof of full disclosure by close of business on September 2.

He also urged the prosecution and defence teams to use the intervening period to agree on undisputed facts and identify documents that could be admitted into evidence by consent. The judge said this would help avoid unnecessary delays during the trial.

Given the volume of the case, he observed that documents and facts that were not contentious should be agreed upon in advance so that the trial could concentrate on the matters that remained disputed.

The court was also informed that the forensic report and the Auditor General’s report had been disclosed to the accused persons.

Charges

The former Accountant General, Lawrence Ssemakula, and eight finance ministry officials are battling charges of corruption in connection with the alleged sh60 billion heist involving funds meant for the Bank of Uganda. Other officials also face charges of causing financial loss, money laundering and electronic fraud.

The officials are Jennifer Muhuruzi, 55, (commissioner, treasury services), Pedson Twesigomwe, 45, (assistant commissioner, accounts), Tony Yawe, 46, (senior IT officer), and Paul Nkalubo Lumala, 40, (IT systems officer).

Others are Deborah Dorothy Kusiima, 33, (senior accountant), Judith Ashaba, 43, (accountant), Bettina Nayebare, 31, (research assistant accountant), and Mark Kasiiku, 33, (IT specialist).

Allegations

The prosecution alleges that Ssemakula and Muhuruzi, between January and October 2024, at the Ministry of Finance in Kampala, neglected to put in place effective systems to safeguard public funds, resulting in a financial loss of $6,525,852 (about sh23.9b) to the Government.

It is alleged that Twesigomwe, Kusiima and Lumala, between September 9 and 11, 2024, at the Ministry of Finance, participated as accomplices in the commission of the offence of corruption when they allegedly concealed the irregular payment of $6,134,137 (sh22.5b) to an unauthorised payee in the name of Roadway Company Limited.

Yawe is accused of irregularly altering the payment instructions for sh22.5b that was supposed to be paid to the International Development Association for principal and interest by substituting the intended payee with Roadway Company Limited, purporting it to be payment for a recycling plant and machinery, for purposes of illicitly obtaining benefits for the said company.

The prosecution also alleges that between September 20 and October 1, 2024, at the Ministry of Finance offices, Kasiiku manipulated the payment instruction files in respect of $391,720 (sh1.4b), which was supposed to be paid to the International Development Association, to MJS International London, a company that was not entitled to the said payment.

The prosecution alleges that Yawe, in January 2024 at the Ministry of Finance, by means of deception and with the intention of securing an unlawful gain, deliberately manipulated the payment instruction files of the Integrated Financial Management System by altering the payment details from International Development Association Washington, which was the intended payee, for $6,674,320 (sh24.5b), to an unintended payee in the name of International Development Association Sielska, Poznan, Poland.

According to the prosecution, Yawe abused the authority of his office by allegedly committing the arbitrary act, which is prejudicial to the interests of his employer, the Government.

On the other hand, Kasiiku is accused of introducing executable scripts on the Oracle programme on the Integrated Financial Management System that resulted in an authorised payment of $8,596,824 (sh31.5b) to MJS International London between September 23 and September 27, 2024.

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