Court clerk interdicted over pension cash

Jul 06, 2017

The letter was issued on July 4, 2017 by the Judiciary’s Permanent Secretary, Kagole Kivumbi and copied to the top brass in the Judiciary.

Milton Mutegaya, a court clerk attached to the Civil Division of the High Court has been interdicted from work over allegations that he conspired with City Lawyer, Bob Kasango to forge a certificate of order which led to government losing over sh15b pension cash.

"I have received a report to the effect that you are among the accused persons in the matter, Uganda Vs Lwamafa Jimmy and four others. In the indictment dated April 15, 2016, by the Director of Public Prosecutions (DPP), you allegedly conspired to forge a judicial document to wit, a certificate of order against government purporting that it was properly issued………"reads part of the interdiction letter.

The letter was issued on July 4, 2017 by the Judiciary's Permanent Secretary, Kagole Kivumbi and copied to the top brass in the Judiciary.

Kivumbi said that in the public interest, Mutegaya has to immediately cease to exercise the functions of his office and hand it over but will receive half pay of his monthly salary during the interdiction period.

He will not appear within the premises of the court or leave the country without permission from the permanent secretary.

Mutegeya was in 2016, charged together with Kasango, Jimmy Lawafa the former Permanent Secretary Ministry of Public Service, Christopher Obey former Principal Accountant and Stephen Kiwanuka Kunsa, former commissioner pensions at the Ministry, for the improper payment of sh15.4b to the defunct law firm, Hall & Partners.

Lwamafa, Kunsa and Obey are currently in Luzira serving varied jail terms for diverting sh88.2b meant for payment of social security. They were convicted by the Anti-Corruption court judge, Lawrence Gidudu.

In the ongoing pension's case before judge Margaret Tibulya of the Anti-corruption court, it alleged that Mutegaya connived with Kasango, who formerly owned Hall & Partners, to forge a certificate of order dated June 22, 2012 claiming that it was properly issued by the Deputy registrar Civil Division directing the Attorney General to make further payment of sh3.9b.

On top of the certificate, the duo also allegedly formed a certificate of costs and taxation in the matter.

According to the court documents, the sh15.4b paid to the law firm as legal fees by the embattled former public service bosses, was meant for the payment of pensions and gratuity of 6,337 ex-civil service men.

The payment was in regard to a civil suit involving 6,337 retrenched civil servants and government in 1998 for delayed payment of their pension.

Justice Vincent Kibuuka Musoke in his ruling in 2000 ordered government to pay them sh4.5m each, as damages. This totaled to about sh28b.​

The hearing of the pension case which started at a high gear has suffered major setbacks prompting Tibulya to issue several adjournments. Top among these setbacks was the fainting of Kunsa within the court premises and the claims that Kasango has a heart and lung problems.

Mutegaya joins several of other court clerks who since 2016 have been suspended over corruption allegations. This according to Solomon Muyita is a move to clean up the system. 

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