Former technical institute officer loses appeal in sh88.8m embezzlement case

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The Anti-Corruption Division of the High Court has upheld the conviction of a former principal officer of Barlonyo Agro Technical Institute over the embezzlement of sh88.8 million.

Justice David Makumbi dismissed the appeal filed by James Magembe, who had been convicted by then Chief Magistrate Racheal Nakyazze, now an assistant registrar. The lower court had fined him sh2.4 million and ordered him to compensate the institution sh88.8 million.

In default of paying the fine, he would serve one year and six months in prison and is barred from holding public office for a period of 10 years.

Magembe appealed, arguing that the chief magistrate failed to properly evaluate the evidence on record and therefore reached a wrong decision in convicting him of embezzlement.

He further claimed that the magistrate erred in law by shifting the burden of proof to him and failing to accord him a fair hearing.

While delivering the judgment on May 13, 2026, the judge said that after evaluating the evidence on record and the entire appeal, he found no merit in it.

“In summary, therefore and upon re-evaluation of the lower court record, I find nothing therein to suggest that the appellant’s right to a fair hearing was violated at any point during the trial. This appeal, therefore, also accordingly fails. The appeal is accordingly dismissed for want of merit. The conviction and sentence of the lower court are accordingly upheld,” Justice Makumbi said.

Magembe’s lawyer, Farouk Serunkuma, argued that the trial Chief Magistrate erroneously admitted an audit report as evidence, yet the auditor who tendered the report did not sign it, leading to a miscarriage of justice.

The defence further submitted that no evidence was adduced to prove that his client moved the money with the intention of fraudulently depriving the owner.

Gertrude Apio, a state attorney from the Office of the Director of Public Prosecutions (ODPP), said the case had been proved beyond a reasonable doubt. She added that sufficient and credible evidence had been adduced to prove Magembe’s guilt on the charge of embezzlement.