Judge warns State over delayed evidence disclosure in sh60b heist case
On November 9, 2026, High Court judge David Makumbi cautioned prosecutors against introducing additional evidence without sufficient justification, saying this could disrupt proceedings and undermine the accused persons' ability to prepare their defence. The case resumes today, Tuesday (November 10).
Judge warns State over delayed evidence disclosure in sh60b heist case
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The Anti-Corruption Court has warned the State against delaying the disclosure of evidence to defence lawyers in a case involving former accountant general Lawrence Ssemakula and eight Finance Ministry officials accused of involvement in a sh60 billion Bank of Uganda (BoU) funds heist.
On November 9, 2026, High Court judge David Makumbi cautioned prosecutors against introducing additional evidence without sufficient justification, saying this could disrupt proceedings and undermine the accused persons' ability to prepare their defence. The case resumes today, Tuesday (November 10).
“I want to put the prosecution on notice that I shall take an extremely dim view of any more evidence being introduced or disclosed during the course of this trial without reasonable grounds,” the judge warned.
The judge also said delays in disclosing evidence could undermine the accused persons' constitutional right to a fair trial.
He said the committal of the accused persons for trial should ordinarily signal that the prosecution had completed its investigations and disclosed the evidence it intended to rely on during the trial.
The judge further observed that investigators' failure to conduct thorough investigations in time should not be used as an excuse to compromise the accused persons' right to a fair hearing.
The judge warned that any further disclosure arising from unexplained delays or lax investigations could lead to the exclusion of the evidence from the trial.
“Investigations must end at some point, especially now that we are already in trial,” the judge said.
Defence lawyers, led by Robert Mackay, urged the court to invoke Section 68 of the Trial on Indictments Act to swear in assessors before the hearing starts, in order to save time.
The case
Ssemakula is facing the charges alongside eight other officials, including Jennifer Muhuruzi, 55, the commissioner for treasury services; Pedson Twesigomwe, 45, an assistant commissioner for accounts; Tony Yawe, 46, a senior information technology (IT) officer; and Paul Nkalubo Lumala, 40, an IT systems officer.
The others are Deborah Dorothy Kusiima, 33, a senior accountant; Judith Ashaba, 43, an accountant; Bettina Nayebare, 31, a research assistant accountant; and Mark Kasiiku, 33, an IT specialist.
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 offence of corruption by allegedly concealing the irregular payment of $6,134,137 (sh22.5b) to an unauthorised payee, Roadway Company Limited.
Yawe is accused of irregularly altering payment instructions for sh22.5b that was supposed to be paid to the International Development Association (IDA) as principal and interest. He allegedly substituted the intended payee with Roadway Company Limited, purporting that the payment was for a recycling plant and machinery, with the aim of unlawfully benefiting the company.
The prosecution also alleges that, between September 20 and October 1, 2024, at the Ministry of Finance offices in Kampala, Kasiiku manipulated payment instruction files for $391,720 (sh1.4b), which was supposed to be paid to the IDA, resulting in the money being paid to MJS International London, a company that was not entitled to the payment.
The prosecution further alleges that, in January 2024, Yawe deliberately manipulated payment instruction files in the Integrated Financial Management System (IFMS), using deception and with the intention of securing an unlawful gain. He allegedly changed the payment details from the intended payee, the International Development Association in Washington, to an unintended payee, the International Development Association Sielska in Poznan, Poland, involving $6,674,320 (sh24.5b).
According to the prosecution, Yawe also abused the authority of his office by allegedly committing an arbitrary act prejudicial to the interests of his employer, the Government.
Kasiiku, on the other hand, is accused of introducing executable-like scripts into the Oracle programme on the IFMS, resulting in an unauthorised payment of $8,596,824 (sh31.5b) to MJS International London between September 23 and 27, 2024.