Mukula GAVI appeal verdict today

By Edward Anyoli    

The Anti- Corruption Court is set to deliver its verdict in an appeal in which Soroti Municipality MP Mike Mukula seeks to have his conviction and sentence over embezzling sh210m quashed.

Mukula is challenging his conviction and four years sentence by the Chief Magistrate Irene Akankwasa. He argued that the trial magistrate was biased in her judgment when she convicted him without   properly evaluating the evidence on record.

Justice David Wangutusi will deliver the judgment.

His lawyers argued that for charges of embezzlement to stand a person must be an employee of government, servant, or public officer which Mukula was not.

 In a closing submission the director of legal affairs Sydney Asubo from the Inspectorate of Government (IGG) asked the court to uphold the conviction and sentence.

Asubo said Mukula signed for the money, received it and only passed on sh54m to the office of the First Lady and did not account for sh210m.

Mukula was found guilty of embezzling sh210m from the Global Alliance for Vaccines and Immunization (GAVI). A team of defense lawyers led by David Mpanga argued that ministers are political appointee and it was wrong for the magistrate to convict Mukula of embezzlement.

The lawyers argued that for charges of embezzlement to stand a person must be an employee of government, servant, or public officer which Mukula was not.

Mpanga  further  argued that  legally the  definition of  employee does not relate  to ministers,  saying by not  putting that into consideration,  the Chief Magistrate  Akankwasa erred  in law when she found Mukula to have embezzled sh210 from  Global Alliance for  Vaccines and Immunization (GAVI).

The defence lawyers also stated that the charge sheet was ambiguous because it does not clearly indicate where the offence was committed.