Hilary Nsambu and Pascal Kwesiga
The Inspector General of Government (IGG) has been stopped from prosecuting ministers, Sam Kutesa, John Nasasira and Mwesigwa Rukutana because the inspectorate in not fully constituted.
The constitutional court has ruled that the IGG cannot prosecute the three ministers any one for cases involving abuse of office and corruption and causing financial loss because by acting alone in prosecuting the officials he was breaching the constitution.
Raphael Baku has been acting IGG for the past two years because the president has not named a substantive IGG and second deputy IGG.
The deputy chief justice, Alice Mpagi Bahigaine, Justice Steven Kavuma, Stella Arach Amoko, Augustine Nsimye and Remmy Kasule, in their ruling said the Inspectorate is not dully constituted as required by the constitution to commenced proceedings against any one alleged to have been involved in corruption, abuse of office and causing financial loss.
The court said that for the inspectorate in its current form cannot prosecute any corruption related crimes.
Has no power? IGG Baku
The court was Thursday delivering a ruling in a petition filed by Nasasira, Kutesa and Rukutana who have been facing abuse of office charges relating to the mismanagement of the funds meant for commonwealth summit in 2007.
The ministers in October last year announced that they had stepped down from Cabinet ahead of their trial before the anti-corruption court the following day.
In a joint statement, the trio said they had decided to step aside, to allow the due process of court to take place without interference.
“We shall definitely take opportunity to plead our innocence and demonstrate that we are not guilty of the offences charged,” the statement read.
“We have, in order to allow for the due process of the Court, which we highly believe in, and in the interest of the party to which we belong and the Government we serve, deemed it prudent and desirable to seek leave from our Appointing authority so as to step aside, until this matter is concluded,” the statement signed by the trio read.
The trio, are faced two charges of abuse of office and causing financial loss, according to a charge sheet presented to the court by the IGG prosecutor Rogers Kinobe.
Magistrate Irene Akankwasa issued criminal summons for Kutesa, Nasasira and Rukutana.
The IGG said the trio, while performing their duties, did, in abuse of authority, irregularly convened a consultative cabinet meeting and decided to that the government would fully fund the construction cost of the drive ways, parking areas and marina at Speke Resort Munyonyo hotel, which decision caused the government a loss of Sh14 billion. The facility, which housed the visiting presidents in November 2007 is owned by city tycoon Sudhir Ruparelia.