Court throws out case against Kagina

Uganda National Roads Authority (UNRA) Executive Director, Allen Kagina. Photo/File

The Buganda Road Chief Magistrates Court has dismissed a case brought against the Uganda National Roads Authority (UNRA) Executive Director, Allen Kagina, over claims that while serving as the Uganda Revenue Authority boss, she caused the Government of Uganda a financial loss.

In his main application at the Buganda Road Court Case No. 014 of 2017, city lawyer Andrew Tumusiime, through his lawyers Candia and D.W Oundo Advocates, filed a complaint on oath (Criminal Application Case No. 014 of 2017) seeking court to issue a warrant of arrest to compel Kagina to attend Court and answer Charges brought against her in contravention of the Anti - Corruption Act, Section 11 abuse of office and 20(1) causing financial loss. The purported offences were allegedly committed in 2010 by Kagina while serving as Commissioner General at Uganda Revenue Authority.

In his affidavit, the lawyer also stated that, "between January 2011 and February 2012, Kagina who was the Commissioner General of the URA, allowed some importers to import additional sugar into Uganda at a remitted duty of 10% well knowing that these importers are not on the approved list of Ugandan Manufacturers qualified for remittance on sugar."

Buganda Road Chief Magistrate Jameson Karemani dismissed the case stating the applicants who wanted to proceed against Kagina via private prosecution had not complied with the law. Keramani insisted that before an individual initiated a private prosecution, he had to clearly state where the offence had been committed but the applicants had not stated this. 

"I have looked at the complaint on oath against Kagina who was the Commissioner General at the time of the alleged offence. The same does not specify where the incident took place for purposes of determining jurisdiction," the Magistrate noted while dismissing the case.

Keramani also noted that by attaching a legal notice and other documents the complainant wanted to make the court an investigating arm. "There is no proof that the complainant has availed this information to state organs possessing the capacity to investigate such crime and they have not done so. I accordingly find no prima facie offence committed that is disclosed and I dismiss the case," the magistrate noted.

However highly placed security sources told New Vision that security agencies were already investigating claims that Kagina had been selectively targeted owing to her campaigns in the clean-up of UNRA.

The source further told New Vision that the group involved former staff at UNRA and selected companies that were being forced to remit funds that were misappropriated  were financing  the cases not only against Kagina but some staff working under her now aimed at derailing and blackmailing them.

Court documents in possession of New Vision indicate that the case against Kagina had been recycled in a number of courts despite Uganda Revenue Authority clearing the former MD over the same matter.

The security source told New Vision that the cases against Kagina started shortly after she embarked on the restructuring process at the UNRA.

Kagina in an exclusive interview with the New Vision insisted that the 

Even if in fact I had done or failed to do something, Section 221(3)(b) of the East African Community Customs Management Act is very clear that the Commissioner shall not be personally liable under the Act.

She also noted that these were tramped up charges, "sponsored and brought by those that are fighting my work aimed solely at causing me embarrassment, wasting my time, character assassination and where and if possible extortion. This is not surprising and has become a common pattern."

Kagina said similar Charges were first brought against me just around the time I took over office as ED in May 2015, these were dismissed.

"During restructuring, again both criminal and civil Charges were brought up Justice Kainamura dismissed the same on the 28th of September 2016 for lack of a triable issue.  When I commenced recruitment in October 2015, on October 13th 2015, Mugulu Were Ibrahim and Kasolo Robert brought a Constitutional Petition against me which they have since abandoned," she said.

Kagina said in 2016 when she had focused on putting proper processes and systems in place to curb on inefficiencies, stop leakages, reduce waste and generally improve management of UNRA, this saved billions of money but inevitably injured the beneficiaries.

"We have audited and pursued fictitious claims, asked Companies for refunds where we believe they were over paid. Some of those affected by these actions have resorted to all forms of criminality to try and stop us.  False hoods have been presented to Parliament, IGG, PPDA, Courts and the general public through all sorts of media in an attempt to stop us. Some Contractors have sponsored articles against other contractors in the media in a clear attempt to manipulate on going procurements. These criminals have resorted to all manner of witch-hunting to try and stop us," she said.

She also noted that some Lawyers involved in this matter have indicated that some ‘big person' is sponsoring this and they will only withdraw if she paid up their charges. "It is therefore no wonder that I am constantly dealing with faceless complainants and petitioners. I will definitely not bow down to any form of extortion let alone be involved in any criminality. I chose not to pay any one. I chose to defend myself. Whoever wants me in Court is welcome to produce the evidence against me, I will respond," the UNRA boss noted.

She said nothing would stop her from doing the right thing or that which I she was convinced was in the best interest of my country, no matter the cost on her personal life, "I am prepared to do whatever it takes to streamline UNRA, my resolve cannot be any stronger."