CHOGM engineer jailed for sh1.6b loss

Jun 29, 2010

SAMSON Bagonza, the Government chief engineer, has been sentenced to five years imprisonment for abuse of office and causing a financial loss of sh1.6b. He is to serve two years for abuse of office and three years for causing financial loss.

By Edward Anyoli

SAMSON Bagonza, the Government chief engineer, has been sentenced to five years imprisonment for abuse of office and causing a financial loss of sh1.6b.

“The type of impunity exhibited by the convict has created grave disquiet in our country, so much so that something in the nature of deterrence is called for.

“This type of impunity must be stamped out by giving deterrence sentences and dealt with courageously and firmly,” the head of the Anti-Corruption Court, Justice John Bosco Katutsi, ruled.

He said Bagonza would serve two years for abuse of office and three years for causing financial loss.
However, Bagonza is to serve the sentences concurrently, meaning he will stay in jail for only three years.

Under section 11 of the Anti-Corruption Act, abuse of office carries a sentence of seven years imprisonment or a sh3.4m fine, or both.

A person convicted of causing financial loss is liable to imprisonment for up to 14 years, or paying a fine of sh7m, or both.

Bagonza approved the additional construction works on the Entebbe highways between Zana and Kibuye during the CHOGM preparations, contrary to the interests of the works ministry.

The additional cost amounted to sh1.6b, which according to prosecution was not approved by the Public Procurement Disposal of Assets Authority.

He committed the offences between 2007 and 2009 in Kampala and Entebbe.
In the second count, Bagonza was found to have approved the payment of the sh1.6b to Energo Construction, which purportedly carried out the road construction.

Prosecution, led by senior principal state attorney James Odumbi and Andrew Odiit, said Bagonza committed the offence knowing that it would cause financial loss to his employers.

Bagonza is the only government official so far charged, convicted and sentenced over mismanagement of CHOGM funds.

According to the Auditor General’s report, the initial contract sum of sh6.7b was revised to sh8.3b.

Bagonza left the courtroom as soon as his sentence was pronounced. The Police and Prison officers whisked him to the cells, from where he was transported to Luzira Prison.

His friends and relatives waited outside the cell and talked to him in turns.
In a fully-packed court, Bagonza appeared dejected during the 30-minute court proceeding.

Bagonza’s lawyer, MacDosman Kabega, would not say whether he was going to appeal the sentence, because he had not been instructed to appeal.

Bagonza was on May 12, 2009 charged at Buganda Road Court and remanded to Luzira Prison.

In the same month, he was interdicted after being implicated over the sh1.6b loss.

Bagonza, in his defence, argued that there was no loss of money during the construction works because the work was done.

In his mitigation, Bagonza regretted the loss of the sh1.6b to the Government, saying he was under intense pressure to complete the work ahead of CHOGM.

WHO IS BAGONZA?

  • Bagonza, 50, holds a Bachelors degree in civil engineering from Makerere University.

  • He obtained a Master of Science degree in highway engineering from the UK’s University of Birmingham in 1986.

  • He is a fellow of the UK’s Institution of Highway and Transportation Engineers.

  • Fellow of the Uganda Institution of Professional and Registered Engineers.

  • He joined the ministries of public service and works in December 1986 at the level of pupil engineer.
    He was later promoted to the rank of principal executive engineer in 1991.

  • In 1994, Bagonza was elevated to the rank of assistant commissioner in the works ministry.

  • In 1999, he was confirmed as a full commissioner and also served as director of engineering and Government engineer-in-chief.

  • Bagonza was on May 12, 2009 charged at the Buganda Road Court and remanded to Luzira Prison.

  • In the same month, Bagonza was interdicted after being implicated over loss of sh1.6b.


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