The Nakasero-based Anti-Corruption Court on Wednesday deferred a case where the chief administrative officer (CAO) of Ibanda district was supposed to be charged with abuse of office over alleged giveaway of forest reserved land.

Justice Jane Okuo Kajuga postponed the plea involving CAO Matsiko Mutungwire, natural resource officer Tom Nuwagira and councilor Francis Bamya until January 10, 2024.

The case was adjourned after court was informed that Bamya was sick and unable to plead to the charges.

Mutungwire and Nuwagira are facing charges of abuse office contrary to Section11(1) of the Anti- Corruption Act,2009 as amended. 

Bamya faces a charge of conflict-of-interest contrary to Section 9(1) and (2) (d) of the Anti- Corruption Act, 2009 as amended.

Prosecution, represented by Safina Bireke, alleges that the trio abused their respective district positions.

They are accused of irregularly entering into a memorandum of understanding with Rukokoma Mixed Farmers’ Co-operative Society, exchanging part of the Ibanda Forest Reserve for alternative land. 

The prosecution purports that the accused agreed to give away 10 hectares of the forest reserve land.

The prosecution further alleges that in June 2008, Mutungwire and others arbitrarily entered into the memorandum without obtaining permission to allocate the land.

According to the prosecution, Bamya, on February 28, 2008, at the Ibanda district council hall, attended a district council meeting as a councilor representing Ibanda town council and as a member of Rukokoma Mixed Farmers’ Co-operative Society in which he participated in the giveaway.

The prosecution said the meeting concluded by exchanging part of Ibanda's local forest reserve with land belonging to Rukokoma Mixed Farmers’ Co-operative Society. However, Bamya purportedly failed to disclose his interest in the co-operative.

Under Section 11(1) of the Anti-Corruption Court Act, a person found guilty of the offence of abuse of office faces up to seven years imprisonment upon conviction, a fine not exceeding sh1.3m or both. Conflict of interest elicits a term of imprisonment not exceeding 12 years or a fine of sh100m or both.