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Investigations into the case involving former Mulago Hospital Executive Director Dr Baterana Byarugaba and six others accused of causing a sh14b loss to the Government are complete, the court has been informed.

Senior State Attorney Raymond Mugisa on August 5, 2024, informed Senior Principal Magistrate Grade One Abert Asiimwe of the Anti-Corruption Court that the police probe is complete.

However, the magistrate could not commit the accused persons to the High Court for trial in the absence of one of the accused, prompting him to adjourn the case to September 16, 2024.

Procedurally, upon completion of the probe, the police inform the Director of Public Prosecutions, who then notifies the court of the development by formulating an indictment. The committal papers containing the indictment are forwarded to the High Court, which has jurisdiction to try the capital offence of murder.

The magistrate court only has powers to mention such cases, during which suspects are informed of the progress of the investigations.

Other accused persons include former senior hospital engineer Edward Kataha, former senior hospital accountant Charles Mwasa, former senior hospital administrator Kenneth Wafula, senior procurement officer Christopher Okware, former procurement officer Adah Kamucunguzi, and Setramaco International Ltd directors: Robert Wasike and Catherine Winfred Nabwire.

The accused, who are currently out on bail, have since denied the charges of abuse of office, contrary to Section 11 (1) of the Anti-Corruption Act, and causing financial loss, contrary to Section 20 (1) of the same Act. The offence of causing financial loss attracts a maximum sentence of 14 years imprisonment upon conviction, while abuse of office carries a seven-year jail term.

Allegation

It is alleged that Byarugaba, Nyeko, and Mwasa, between 2019 and 2020, at Mulago Hospital, being employed by the Government and authorised users of the Integrated Financial Management system, abused their respective offices and flouted payment procedures by irregularly processing payments of over sh3b Setramaco International Ltd. 

The money was purportedly paid for the supply of consumables to be used in routine servicing and repair of large-size sterilisation equipment of an alleged capacity of 1,500 litres, which never existed at the hospital; an act prejudicial to the interests of their employer.

Kataha and Okware, between 2019 and 2020, are accused of irregularly requisitioning sh3b to be paid to Setramaco purportedly to supply consumables for non-existing large-size autoclaves with an alleged capacity of 1,500 litres, without following established procedures. This is said to be an act prejudicial to the interests of their employer.

Furthermore, Wasike and Nabwire, being stakeholders and directors of Setramaco, allegedly used their company to invoice Mulago Hospital to pay sh3b for a purported supply of consumables for non-existent autoclaves with a capacity of 1,500 litres.

This, according to documents, happened during the financial years 2015/2016 and 2016/2017 at the offices of Setramaco. According to the charges, the invoice generated by Wasike and Nabwire was based on fictitious supplies and allegedly caused a loss to Mulago Hospital.

In another count, Byarugaba, Nyeko, and Mwasa, between 2019 and 2020, allegedly irregularly processed sh1.5b for public payments without following proper procedures, thereby causing a loss to Mulago Hospital.

Also, Nabwire and Wasike allegedly used their company (Setramaco) and issued an invoice of sh1.5b claiming that it was payment for routine servicing of autoclaves undertaken by their company, whereas it was not.

The two are also accused of receiving a double payment of sh186.9m for fixing molten blankets, guiding tapes, and conveyor belts at Mulago, as well as receiving sh196.6m in duplicate payments for allegedly relocating steam cooking pans, yet no works were executed.

Kamucunguzi is being accused of flouting procurement procedures during the repair and servicing of sterilization equipment at Mulago, Kawempe, and Kiruddu hospitals, as well as the supply of consumables, resulting in the irregular award of a sh7.5b contract to Setramaco.