Katosi Road Scam: Defense rejects prosecution witness

The seven accused men in the Katosi Road scam have queried the credibility of a state witness, saying they were never availed her statement.

The defence team led by David Mpanga told the Anti-Corruption Court presided over by Justice Lawrence Gidudu that they were not served with statements of prosecution witness Harriet Kamushaba, the Principal State Attorney from the Ministry of Justice and Constitutional Affairs.

This, he said tantamount to trial by ambush.

"I reject the witness because we were not availed with her statement so that we can prepare to cross-examination her. The defence team does not know what the witness has come to do and what she will say" Mpanga said.  

This prompted Gidudu to direct prosecution to avail the defence team with evidence of their witnesses within a month.

"Recorded statements of witnesses that prosecution intends to rely on should be served on the defence team before the end of September. It will impact negatively if prosecution is seen to be building its case during trial" Gidudu stated.

The court also heard that Kamushaba approved a draft of the Katosi Road contract on behalf of the Solicitor General.

Meanwhile, Hellen Kabagenyi, the records assistant in the Works Ministry testified that she delivered Inspectorate of Government's letter, halting all transactions on Katosi Road to former Minister of Works, Abraham Byandala's office, adding that it was received by his secretary only identified as Matilda.

Ssenkeeto (R) chats with Byandala during a break in proceedings. Photo by Meddie Musisi

According to court documents, the IGG accuses Byandala of failing to comply with its directive, when he directed State Minister of Works John Byabagambi and former Uganda National Roads Authority (UNRA) acting executive director Berunado Kimeze Ssebbugga to ensure that a subcontract between UNRA and Chongqing International Construction Corporation (CICO) is signed for the continuation of Katosi Road works, albeit with knowledge of fraud.

According to the charge sheet, Byandala is also alleged to have influenced the procurement process that led to the award of tender and signing of a contract between Eutaw and UNRA contrary to the principles and procedures of procurement in UNRA.

The defence team is led by David Mpanga (L). Photo by Meddie Musisi

Prosecution alleges that Senkeeto uttered a false KCB Bank bid guarantee for sh1.9b in support of a bid for procurement of the road upgrade.

It is further alleged that Senkeeto obtained execution of performance bond of sh16.5b from Insurance Company of East Africa and UAP Insurance by misrepresenting to them that it was guaranteeing a pending payment for the road.

Meanwhile, UNRA officials were accused by the IGG for effecting payment of sh24.7b to Eutaw without establishing its authenticity.

Court was adjourned to Wednesday, when witness Niu Hong from CICO is expected to testify against the accused.