JULY – DECEMBER 2013 INSPECTORATE OF GOVERNMENT REPORT TO PARLIAMENT INSPECTORATE OF GOVERNMENT
INSPECTORATE OF GOVERNMENT
JULY – DECEMBER 2013
INSPECTORATE OF GOVERNMENT
REPORT TO
PARLIAMENT
INSPECTORATE OF GOVERNMENT
JULY – DECEMBER 2013
INSPECTORATE OF GOVERNMENT
REPORT TO
PARLIAMENT
INSPECTORATE OF GOVERNMENT
INSPECTORATE OF GOVERNMENT
Vision: “ Good Governance with an Ethical and Corruption Free Society”
Mission: To Promote Good Governance through enhancing accountab ility,Transparency and the enforcement of the rule of law and administrative justice in public offices
Core Values: Integrity Impartiality ProfessionalismGender EqualityEquity
INSPECTORATE OF GOVERNMENTHEAD OFFICE
Jubilee Insurance Centre. Plot 14, Parliament Avenue. P. O. Box 1682 Kampala Tel: +256 - 414 344 219 / +256- 414 259 738
(General lines) +256 - 414 255 892 / +256- 414 251 462 (Hotline) +256 - 414 347 387 Fax: +256 - 414 344 810 Website: www.igg.go.ug
OFFICE OF THE INSPECTOR GENERAL OF GOVERNMENTInspector General of Government
Ms Irene Mulyagonja KakoozaTel: +256 414 259 723 Fax: +256 414 344 810 +256 414 257 590 Email: [email protected]
Deputy Inspector General of Government Deputy Inspector General of GovernmentGeorge Nathan Bamugemereire Mariam WangadyaTel: +256 414 259 780 Tel: +256 414 259 709Email: [email protected] Email: [email protected]
Information and Internal Inspection Division Public and International Relations DivisionHead: Mr. Stephen Kasirye Head: Ms. Munira Ali BabloTel: +256 414 342 113 Tel: +256 414 231 530Email: [email protected] Email: [email protected]
DEPARTMENT OF FINANCE AND ADMINISTRATION
Secretary to the Inspectorate of Government Undersecretary finance and AdministrationMr. Bageya Waiswa Ms Glory AnaŋunTel: +256 414 259 788 Tel: +256 414 230 398Fax: +256 414 257 590 Email: [email protected]: [email protected]
DIRECTORATES
DIRECTORATE OF OPERATIONS DIRECTORATE OF EDUCATION AND Ag Director Operations PREVENTION OF CORRUPTIONHajji Abon Muzamil Director Education and Prevention of Tel: +256 414 346 116 CorruptionEmail: [email protected] Mr. Jossy Jules Rwereeza Tel: +256 414 348 613 Fax: +256 414 230 389 Email: [email protected]
DIRECTORATE OF OMBUDSMAN AFFAIRS DIRECTORATE OF LEADERSHIP CODEDirector Ombudsman Affairs Ag. Director Leadership CodeMr. David Makumbi Mr. Jamil ManingiTel: +256 414 251 380 Tel: +256 414 342 133Email: [email protected] Fax: +256 414 230 409 Email: [email protected]
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DIRECTORATE OF LEGAL AFFAIRS DIRECTORATE OF REGIONAL OFFICESDirector Legal Affairs Ag Director Regional OfficesMr. Sydney Asubo Mr. Joram MageziTel: +256 414 342 135 / +256 414 343 739 Tel: +256 414 346 116 Fax: +256 414 230 399 Email: [email protected]: [email protected]
PROJECT MONITORING DIVISIONDirector Project MonitoringMr. James PenywiiTel: +256 414 347 388Fax: +256 414 330400
REGIONAL OFFICES
Arua Regional OfficePlot 14 Weather Head, Park Lane, P.O. Box 789, Arua.Tel: 0476-420317 Fax: 0467-420714 Email: [email protected]
Fort Portal Regional OfficePlot 1A Mugurusi RoadP.O. Box 157, Fort Portal.Tel: 0483-423010/ 23011, Fax: 0483-423010Email: [email protected]
Gulu Regional OfficePlot A1 Ogwok Ayaru RoadPece Division, Gulu MunicipalityP.O. Box 771, Gulu.Tel: 0471-432569 Fax: 0471-432568 Email: [email protected]
Hoima Regional Office17 Orphanage RoadP.O.Box 133, Hoima.Tel: 0465-442062 Fax: 0465-440399Email: [email protected]
Jinja Regional Office Plot 35 Rippon Gardens RoadP.O. Box 303,Jinja.Tel: 0431-120160/ 0434-122688Email: [email protected]
Kabale Regional OfficeBabukika RoadP.O. Box 981, Kabale.Tel: 0486-422461, Fax: 0486-422027Email: [email protected]
Kampala Regional OfficePlot 1645 Gyagenda RoadNtinda KiwatuleP.O. Box 1682,Kampala.Tel: 0414-580499Email: [email protected]
Lira Regional OfficePlot 4 Osman RoadP.O. Box 1, Lira.Direct Line 0473-420099 Email: [email protected]
Masaka Regional Office29/31 Victoria Road, National Water BuildingP.O. Box 925, Masaka.Tel: 0481-21267/21766Email: [email protected]
Mbale Regional OfficePlot No 20 Masaba RoadP.O.Box 24, Mbale.Tel: 0454-435029/ 35255 Fax: 0454-435255Email: [email protected]
Mbarara Regional OfficePlot 17 Mufti Drive, Mbarara P.O. Box 1903, Mbarara. Tel: 0485-421068 Fax: 0485-421720Email: [email protected]
Moroto Regional OfficePlot 3 Odeke RoadP.O. Box 104, Moroto.Tel: 0352-278373Email: [email protected]
Moyo Regional OfficeMoyo S.S RoadP.O. Box 192 Moyo.Tel: 0372-280102Email: [email protected]
Mukono Regional OfficePlot 16 Paul Mukasa Road,Opposite Mukono District EC OfficesP.O. Box 901 Mukono.Tel: 0414 692042/3Email: [email protected]
Soroti Regional Office Plot 47 Harridas Road P.O. Box 346, Soroti.Tel: 04544-63138/61584 Fax: 04544-61584Email: [email protected]
Tororo Regional OfficePlot 45 Kashnir RoadTororo MunicipalityP.O. Box 5, Tororo.Tel: 0454-445534/3Email: [email protected]
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Table of Contents .. .. .. .. .. i
List of Figures .. .. .. .. .. .. .. .. iv
List of Tables .. .. .. .. .. .. .. .. .. v
List of Appendices .. .. .. .. .. .. .. .. vi
Abbreviations & Acronyms .. .. .. .. .. vii
Executive Summary .. .. .. .. .. .. .. .. ix
CHAPTER ONE: INTRODUCTION
Constitutional Mandate .. .. .. .. .. .. .. 1
Functions of the Inspectorate of Government .. .. .. .. 1
General powers of the Inspectorate of Government .. .. .. 1
Special powers of the Inspectorate of Government .. .. .. 2
Jurisdiction and Independence of the Inspectorate of Government .. .. .. 2
Strategic Objectives of the Inspectorate of
Government (2010-2014) .. .. .. .. .. 3
Organization of the Inspectorate of Government .. .. .. .. 3
Regional Offices of Inspectorate of Government .. .. .. .. 6
CHAPTER TWO: IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION
Investigations .. .. .. .. .. .. .. .. .. 9
Arrests made .. .. .. .. .. .. .. .. .. .. 12
Prosecutions .. .. .. .. .. .. .. .. .. 12
Civil cases .. .. .. .. .. .. .. .. .. 13
Monitoring and Inspection of Government Projects .. .. .. 13
Ensuring Transparency & Accountability in NUSAF II Project .. .. 13
NUSAF II Inspection and Monitoring .. .. .. .. .. .. 14
NUSAF II Training .. .. .. .. .. .. .. 16
Inspection & Monitoring of PRDP .. .. .. .. .. .. 16
Table of Contents
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CHAPTER THREE: IMPLEMENTATION OF THE OMBUDSMAN FUNCTION
Introduction .. .. .. .. .. .. .. .. .. 25
Ombudsman Complaints handled .. .. .. .. .. .. .. 26
Challenges in implementation of Ombudsman investigations .. .. 26
Specific recommendations to Government .. .. .. .. .. 26
Future plans .. .. .. .. .. .. .. .. .. 27
Policy and Systems Studies .. .. .. .. .. .. .. 27
CHAPTER FOUR: ENFORCEMENT OF THE LEADERSHIP CODE
The Constitutional Mandate to enforce the Leadership Code of Conduct .. .. 29
Activities carried out during the reporting period .. .. .. .. 29
Management of leaders’ declaration of Incomes, Assets & Liabilities forms .. .. 29
Constraints faced in enforcing the Leadership Code of Conduct .. .. 30
Future plans .. .. .. .. .. .. .. .. .. 30
Recommendations to Government .. .. .. .. .. .. 30
CHAPTER FIVE: PREVENTIVE MEASURES
Introduction .. .. .. .. .. .. .. .. .. 31
Public Awareness Programmes .. .. .. .. .. .. 31
International Anti-corruption day celebrations/public dialogue .. 33
Boardroom Sessions .. .. .. .. .. .. .. .. 36
Public Awareness Activities through electronic media .. .. .. 37
Integrity Ambassadors Club Activities .. .. .. .. .. .. 37
Training/sensitization of Public Servants .. .. .. .. .. 38
Performance challenges .. .. .. .. .. .. .. .. 38
Recommendations for Policy Consideration.. .. .. .. .. 38
CHAPTER SIX: CAPACITY BUILDING THROUGH TRAINING
AND INTERNATIONAL COOPERATION
Training .. .. .. .. .. .. .. .. .. .. 39
Local and International training programmes .. .. .. .. 39
International Cooperation .. .. .. .. .. .. 39
Media Relations .. .. .. .. .. .. .. .. .. 40
Website Management .. .. .. .. .. .. .. .. 41
Public Relations .. .. .. .. .. .. .. .. .. 41
International Collaboration .. .. .. .. .. .. .. 41
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CHAPTER SEVEN: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS
Challenges and constraints faced by the IG in achieving
strategic objectives .. .. .. .. .. .. .. .. 42
Future Plans .. .. .. .. .. .. .. .. .. 44
Recommendations .. .. .. .. .. .. .. .. 44
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Figure 1 Graph showing general investigations of the Inspectorate . 10
Figure 2 Graph showing the trend of arrests and prosecutions for the years 2006 – 2013 .. 12
Figure 3 Workload for the period July –December 2013 .. .. 51Figure 4 Categorization of Complaints Registered by Gender for the period
July –December 2013 .. 52
Figure 5 Comparison of Investigations for the Periods January – June 2013
and July – December 2013.. 52
Figure 6 Comparison of new complaints received and those that were investigated during
the period July – December 2013 .. 53
Figure 7 Functions of the Inspectorate of Government by Directorates .. .. .. 59
Figure 8 Functions of the Department of Finance and Administration ... .. .. 59
Figure 9 Functions of IGG/DIGG’s .. .. .. .. .. 59
LIST OF FIGURES
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Table I Workload during the period July – December 2013 .. x
Table II Summary of outcomes of implemented recommendations during period July – December 2013 .. xiv
Table III Distribution of IG Regional Offices & districts covered .. 6
Table IV Investigations carried out by the Inspectorate .. .. 9
Table V Corruption Complaints investigated and completed during the Period July – December 2013 10
Table VI Ombudsman Complaints investigated and completed.. .. 26
Table VII Local Training programmes conducted.. .. .. .. 39
Table VIII International Training and Cooperation... .. .. .. 39
Table IX Institutions and Action Officers that have not implemented IG Recommendations 47
Table X Trend of the complaints registered and investigated by the Inspectorate of Government for the years 2001 – December 2013 . 53
Table XI Trend of complaints investigated and completed at the Kampala Headquarters and Regional offices for the years 2001 – December 2013 .. .. .. 54
Table XII Complaints received according to the districts for the Period July – December 2013 .. 54
Table XIII The nature of complaints investigated and completed during the period July – December 2013 56
Table XIV Departments/Institutions complained against during the Period July – December 2013 57
Table XV Arrests effected between July – December 2013 .. .. 61
Table XVI Summary of finalized cases of prosecution during the Period July – December 2013 64
Table XVII On-going cases of Prosecution by the end of December 2013 . .. 65
Table XVIII Criminal Appeals by the end of December 2013 .. .. 71
Table XIX Summary of on-going Civil cases during the period July – December 2013 .. 76
LIST OF TABLES
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Appendix A - Institutions and Action Officers that have not implemented IG Recommendations 46
Appendix B - A statistical presentation of IG investigations and other activities .. .. 50
Appendix C - Arrests .. .. .. .. .. .. .. .. .. 60
Appendix D - Prosecution cases .. .. .. .. .. .. .. 63
Appendix E - Litigation cases .. .. .. .. .. .. .. .. 75
Appendix F - Some of the letters of Appreciation received .. .. .. .. 78
LIST OF APPENDICES
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ACB - Anti-Corruption Bureau
AML/CFT - Anti- Money Laundering/Combating the Financial Terrorism
BoQ - Bills of Quantities
CAA - Civil Aviation Authority
CADP - Corporate and Development Plan
CAO - Chief Administrative Officer
CFO - Chief Financial Officer
CIR - Community Infrastructure Rehabilitation
CPC - Community Procurement Committee
CPMC - Community Project Management Committee
D/CPL - Detective Corporal
D/SGT - Detective Sergeant
DANIDA - Danish International Development Agency
DAPCB - Departed Asian Property Custodian Board
DEO - District Education Officer
DIGG - Deputy Inspector General of Government
DPP - Director of Public Prosecutions
EAAACA - East African Association of Anti-Corruption Authorities
ESAAMLG - Eastern and Southern Anti- Money Laundering Group
ESO - External Security Organisation
FY - Financial Year
GS - General Secretary
H.E - His Excellency
HISP - Household Income Support Program
HTTI - Hotel and Tourism Training Institute
IG - Inspectorate of Government
IGG - Inspector General of Government
IUIU - Islamic University in Uganda
KCCA - Kampala Capital City Authority
LC’s - Local Councils
LDC - Law Development Centre
MD - Managing Director
MDA’s - Ministry, Departments and Agency
ABBREVIATIONS AND ACRONYMS
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MOU - Memorandum of Understanding
MP - Member of Parliament
NAADS - National Agricultural Advisory Services
NARO - National Agricultural Research Organization
NDC - NUSAF II District Coordinators
NGO - Non Governmental Organization
NHCC - National Housing and Construction Corporation
NPA - National Planning Authority
NSSF - National Social Security Fund
NUSAF - Northern Uganda Social Action Fund
OPM - Office of the Prime Minister
P/S - Primary School
PDLG - Pader District Local Government
PRDP - Peace Recovery and Development Plan
PS - Permanent Secretary
PTC - Principal Teachers’ College
RALNUC- Restoration of Agricultural Livelihoods in Northern Uganda Component
RDC - Resident District Commissioner
RSA - Resident State Attorney
SAC - Social Accountability Committee
SMS - Short Message Service
TAAC - Transparency, Accountability and Anti- Corruption
(U) - Uganda
UBC - Uganda Broadcasting Corporation
UETCL - Uganda Electricity Transmission Company Limited
UHRC - Uganda Human Rights Commission
UNBS - Uganda National Bureau Standards
UNEB - Uganda National Examinations Board
UNRA - Uganda National Roads Authority
UPDF - Uganda Peoples Defence Forces
UPPC - Uganda Printing and Publishing Corporation
UPPETT - Uganda Post Primary Education and Training Program
URA - Uganda Revenue Authority
USMID - Uganda Support to Municipal Infrastructure Development
UWA - Uganda Wildlife Authority
YMCA - Young Men Christian Association
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1.1 Introduction
Under Article 231 of the Constitution, the Inspectorate of Government (IG) is required to submit to Parliament at least once in every six months, a report on the performance of its functions and making recommendations which the office considers necessary for the efficient performance of public institu-tions. The report is also meant to provide any other information that Parliament may require.
The functions of the Inspectorate of Government as spelt out in Article 225(1) of the Constitution are:
(a) To promote and foster strict adherence to the rule of law and principles of natural justice in administration;
(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office;
(c) To promote fair, efficient and good governance in public offices;
(d) To supervise the enforcement of the Leadership Code of Conduct;
(e) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which this Article applies, taken, made, given or done in exercise of administrative functions;
(f ) To stimulate public awareness about the values of constitutionalism in general and the activities of the office, in particular, through any media or other means it considers appropriate;
In order to fulfill its mandate, the Inspectorate of Government is granted general and special powers as laid out in Chapter One of this report. This is the 30th report of the Inspectorate of Government to Parliament and the 6th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period July – December 2013.
1.2 Structure of the Report
The report comprises seven chapters on various aspects of the Inspectorate’s constitutional mandate.
Chapter One gives a brief account of the jurisdiction and independence of the office. The chapter also gives a summary of IG’s strategic objectives as contained in the IG Corporate and Development Plan (CADP) 2010-2014. The chapter further lays out the organization structure of the IG.
Chapter Two covers the measures used by the institution in the implementation of its anti-corruption functions. These include investigation of complaints or suspicion of corruption in public institutions; monitoring and inspection of NUSAF II and PRDP II projects implementation activities; arrest and pros-ecution of people investigations reveal to have been involved in corrupt practices. The chapter also reports about the civil cases that the IG handled during the period.
EXECUTIVE SUMMARY
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Chapter Three highlights the activities carried out by the IG in its implementation of the Ombudsman function. The chapter also gives a brief account of the Policy and Systems Studies that were carried out during the reporting period.
Chapter Four covers activities carried out by IG in enforcing the Leadership Code of Conduct.
Chapter Five focuses on the preventive measures used by the office to curb corruption and promote good governance in public offices.
Chapter Six reports on the training activities that were carried out for the officers of the Inspectorate during the period and activities carried out to enhance national and international cooperation be-tween the IG and other stakeholders.
Chapter Seven highlights the general operational constraints and challenges faced by the IG. The chapter further outlines the future plans of the office and makes recommendations to Government on ways that could make the office more efficient and effective.
1.3 Summary of Achievements of the Inspectorate of Government in the period July - December 2013
1.3.1 General Investigations
The Inspectorate of Government receives complaints or initiates investigations over allegations of cor-ruption, maladministration, breach of the Leadership Code and arrests, prosecutes and recommends administrative action on those implicated in corruption. These continue to be the major activities of the institution.
During the period under review, the Inspectorate of Government had a total workload of 6,962 com-plaints including verification of leaders’ declarations. Out of these 5,382 were brought forward from the previous reporting period. 1,513 complaints were received or initiated by the Inspectorate of Govern-ment including 53 investigations that arose from audit reports. A total of 822 investigations and veri-fications were completed while 144 complaints were processed and later referred to other Institutions.
The table below shows the workload during the period July – December 2013.
Table I: Workload during the period July – December 2013July – December 2013
a Complaints brought forward 5,382
b Investigations from Audit Reports 53
c New complaints received/initiated 1,513
d New verifications of leaders’ declarations 14
e Total workload = a + b + c + d 6,962
f Investigated & completed 822
g Verification concluded 23
h Referred to other Institutions 144
i Rejected complaints 21
j Total complaints concluded= f + g + h 1,010
k Carried forward = e – i 5,952
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1.3.2 Corruption Investigations
The powers of the Inspectorate of Government to investigate or cause investigation, arrest or cause arrest, prosecute or cause prosecution in respect of cases involving corruption and abuse of authority are stipulated in Article 230 of the 1995 Constitution of the Republic of Uganda and Sec.14(5) of the Inspectorate of Government Act 2002.
Practices that are deemed by law under Anti-Corruption Act 2009 as corrupt include such acts as brib-ery, extortion, diversion of public resources, influence peddling, conflict of interest, abuse of office, loss of public property, sectarianism, nepotism, embezzlement, causing financial loss, false assumption of authority, fraudulent disposal of trust property, false accounting, false claims, uttering of false certifi-cates by public officers and illicit enrichment. Therefore, in the implementation of the Anti-Corruption function, the IG carries out investigations where commission of any offence under the Anti-Corruption Act or the Inspectorate of Government Act 2002 is alleged. Where the subject of an investigation is found to have committed a criminal offence, investigations may result in arrest and prosecution.
During the period July – December 2013, the Inspectorate received 1,050 corruption complaints which accounted for 69.4% of the total complaints that were received. The corruption complaints received during the current reporting period increased by 22.7% compared to the previous period (January – June 2013). A total of 545 investigations were completed during the reporting period while 386 inves-tigations were completed during the previous period. This implies that performance in investigation of cases involving corruption increased by 41.2%. Only 27 complaints were processed and referred to other institutions during the current period compared to 112 complaints that were referred to other institutions during the previous period.
Analysis of complaints received by the IG indicated that the most complaints were those against Dis-trict Administrators and individual public officers each accounting for 15.9% of the total complaints received. This was followed by complaints against Municipal Councils/Town Councils with 9.2% of the total complaints received. Complaints against the Uganda Police Force were 7.7% of the total com-plaints received while complaints against administrators of schools (both primary and secondary) were also high accounting for 6.8% of the total complaints. In comparison with the previous period, the above categories are sill the highest of the institutions/departments complained against. Details of the institutions/departments complained against are contained in table XIII of this report
1.3.3 Arrests and Prosecutions
During the period under review, twenty eight (28) public officers were arrested for various corruption offences and charged in courts of law. IG prosecuted one hundred and twenty one (121) cases, out of which one hundred and nine (109) were carried forward from the previous period and twelve (12) were new cases registered in courts of law during the reporting period. Three (3) cases resulted into convic-tion, two (2) resulted in acquittals, two (2) cases were withdrawn and none abated. Eighty eight (88) cases were on-going at first trial and thirty one (31) cases were on appeal as of 31st December 2013. For details of cases IG prosecuted during the reporting period see Appendix C of this report.
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1.3.4 Civil cases
As part of its mandate of fighting corruption and defending its actions, the Inspectorate of Government has been handling civil suits, including civil applications and constitutional petitions instituted against it in courts of Judicature. During the period under review IG handled seventeen (17) civil cases in courts of law. Four (4) were concluded and thirteen (13) cases are still on-going. Two (2) of these are pending ruling and one (1) is yet to be fixed for hearing. For details of civil cases, see Appendix D of this report.
1.3.5 Monitoring and Inspection of NUSAF II and PRDP II Projects
The IG was co-opted under the Transparency, Accountability and Anti-Corruption (TAAC) sub-compo-nent to ensure efficiency of public expenditure under the fund. This sub-component is aimed at ensur-ing transparency, accountability and putting in place anti-corruption measures in the implementation of the two projects. TAAC is being implemented by IG and both enforcement and preventive/proactive measures are used to ensure that the projects are not frustrated by corruption and other malpractices.
During the period under review IG monitored and inspected NUSAF II and PRDP II projects in the dis-tricts of Bukwo, Kween, Katakwi, Gulu, Alebtong and Kole.
IG staff also carried out training for CPMCs, CPCs, SACs in Oyam, Dokolo, Alebtong, Amolatar, Pallisa, Kibuku, Bulambuli and Sironko districts.
For findings of the inspection and monitoring done and the recommendations that were made, refer to Chapter two of this report.
1.3.6 Promoting the Rule of Law and Administrative Justice (The Ombudsman Function)
The Constitution empowers the Inspectorate of Government not only to curb corruption but article 225 (1) also empowers the IG to ensure strict adherence to the rule of law and principles of natural justice in administration; to promote fair, efficient and good governance in public offices; and to investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which article 225 applies, taken, made, given or done in exercise of administrative functions.
1.3.6.1 Ombudsman Investigations
During the period under review, the Inspectorate of Government received various complaints against public officers which included mismanagement of public funds and property, employment disputes such as irregular recruitments, unfair dismissals, victimization, Non-payment or delayed payment of salary, salary arrears, leave allowances, gratuity, terminal benefits and failure to access/deletion from payroll, Inheritance and administration of estates disputes, Property disputes, Improper tendering pro-cedures especially by both central and district local governments.
The Inspectorate had a total of 1,947 ombudsman complaints. 460 of these were new complaints re-ceived during the period while 1,487 were complaints brought forward from the previous period. Out of 460 complaints received, 21 complaints were found to lack merit and the complainants were advised accordingly. 117 complaints were processed and referred to other institutions, while 254 complaints were investigated and completed; 1,555 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits. During the peri-od under review, the institution mostly complained against was the Ministry of Public Service.
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Many complaints relating to deletion from payroll and non-payment of pension and salary arrears were successfully handled.
1.3.7 Policy and Systems Studies
The Constitution and the Inspectorate of Government Act 2002, empower the Inspectorate of Gov-ernment to promote fair, efficient and good governance in public offices. Given that strengthening of institutions is a key anti-corruption measure, the Inspectorate of Government carries out studies into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identify weak areas that may be conducive to corruption and make recom-mendations for remedial measures.
The institutions to be studied are selected on the basis of information the Inspectorate of Government receives through public complaints, media reports, audit reports and periodic surveys. During the peri-od under review, the IG focused on four (4) major systems studies details of which are found in chapter three of this report.
1.3.8 Enforcement of the Leadership Code of Conduct
The Constitution and the Leadership Code Act, 2002 mandate the Inspectorate of Government to en-sure that specified leaders declare their incomes, assets, and liabilities once every two years explaining how they acquired or incurred them respectively. This is to ensure that leaders adhere to a standard of behaviour that promotes integrity, transparency and accountability in their conduct of public affairs. The Act imposes penalties on leaders who breach it.
During the period under review a total of 9,551 declarations were examined. Income, assets and liabil-ities of fourteen (14) leaders were verified and a total of forty four (44) properties were inspected and valued. Sixty four (64) bank accounts were inspected and a total of twenty three (23) verifications and investigations were completed. Details of these are given in chapter four of this report.
1.3.9 Public Awareness Programmes
The Inspectorate of Government is constitutionally mandated to sensitize and educate the public about the values of constitutionalism in general and the activities of the Institution in particular, through any media or any other means it considers appropriate. The public is educated about their constitutional right to access public services without having to pay bribes and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and also on how to report corrupt practices to the Inspectorate of Government.
During the period under review, the IG continued to carry out public awareness programmes through; supporting the integrity clubs in universities and other tertiary institutions, radio programmes, work-shops and presentation of papers on topical issues to various public servants.
IG also organized a series of activities for the anti-corruption week from 2nd to 9th December 2013. The activities included; an anti-corruption procession, a press conference, boardroom sessions and a public dialogue on the anti-corruption day which coincided with IG‘s 25 years of existence. The IG logo was also unveiled.
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1.3.10 Capacity Building through Training and International Cooperation
1.3.10.1 Training
The Inspectorate of Government is committed to strengthening and building capacity of its staff through training in order to equip them with knowledge, skills and attitudes to improve their per-formance. During the reporting period, therefore, some IG staff attended training programmes which included the following; Report writing for senior staff, Practical and Technical issues for Whistle blower and Witness Protection, Harmonization of laws governing Anti-Corruption Authorities, Asset Recovery and specialized training on Web Applications Development using Open Source Tools.
1.3.10.2 National and International Cooperation
The IG appreciates the fact that the war against corruption and the promotion of good governance requires the cooperation, support and exchange of ideas with other stakeholders both at the national, regional and international levels. This has been achieved through participation of some IG senior staff in conferences, workshops and exchange programmes and collaboration with local, regional and inter-national anti-corruption agencies. (See chapter six for details).
Table II: Summary of outcomes of implemented recommendations during the period July – December 2013
Outcome Quantity
Money saved as a result of IG intervention 20,079,675,958
Money recovered as a result of investigations and deposited on IG Recovery Account 861,056,023
Public officers under prosecution by IG 121
Public officers arrested by the IG 28
Warned public officers 15
Officers who were advised 9
Cancelled appointment letters of public servants 20
Officers submitted to Commissions (e.g. DSC) for disciplinary action 28
Interdicted public officers 13
Dismissed officers 25
Re-advertised posts 2
1.4 Major Constraints and Challenges
Despite the continued support by Government and donors to strengthen the Institution, which is high-ly appreciated, the IG continues to face a number of constraints and challenges, most of which arise from inadequate funding. These constraints and challenges affect the IG’s effective implementation of its mandate of combating corruption, maladministration and enforcing the Leadership Code of Con-duct.
The challenges and constraints include; inadequacies in the existing legal framework, limited human and financial resources, negative societal attitudes and failure to implement of IG recommendations, court delays, poor record keeping, lack of computerized data in many public institutions and high cost of renting office premises.
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1.5 Future plans
(a) Strengthen the capacity of the Regional offices by providing more staff and office equipment.
(b) Strengthen the capacity of IG investigation and prosecution staff through training.
(c) Increased supervision, monitoring and anti-corruption campaigns.
(d) Construction of Inspectorate of Government Head office.
1.6 Recommendations
In order to overcome the constraints and fulfill its mandate, the following recommendations are hereby submitted to Parliament and the Executive.
(i) The Leadership Code Act, 2002 amendment should be approved and passed and the Leadership Code Tribunal should be established as soon as possible for efficient enforcement of the Code.
(ii) Parliament should debate the IG reports and provide appropriate feedback to IG for improved performance.
(iii) Government should appropriate additional funding to IG for operation and other expenses.
(iv) Government should provide funds for construction of the IG Head office. Money used for rent would be used for operations and other requirements for the Inspectorate.
(v) Parliament should amend the law in order for IG to attain corporate status.
(vi) All government institutions must have a proper record keeping and retrieval system and government should provide its MDAs with necessary tools to ensure that this is done.
(vii) Government should prioritize Physical Planning of Urban centres and enforce implementation of the existing plans.
1.7 Recommendations for institutions most complained against
a) District Administrators: Auditing of local governments Accounts should be strengthened.
b) Individual public officers: Improvement of staff appraisals and supervision by the relevant authorities.
c) Municipal Councils/Town Councils: Strengthening of internal audits together with improved supervision.
d) Uganda Police: Regular transfers of police officers in addition to capacity building of the Police Standards Unit.
e) School Administrators: Regular external audits should be done to detect and deter fraud. Teachers should be appointed after scrutiny and verification of their academic documents.
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1.1 CONSTITUTIONAL MANDATE
The Inspectorate of Government (IG) is a constitutional body provided for by Chapter 13 of the Consti-tution of the Republic of Uganda. It is mandated to promote good governance, fight corruption, and enforce the Leadership Code Act. Article 231 of the Constitution requires the IG to submit at least once in every six months a report on the performance of its functions to Parliament, making such recommen-dations as it considers necessary and containing such information as Parliament may require, at least once in six months.
This is the 30th report of the IG to Parliament and the 6th report submitted to the 9th Parliament. It is a summary of the performance of the Inspectorate during the period July – December 2013.
1.2 FUNCTIONS OF THE INSPECTORATE OF GOVERNMENT
The functions of the Inspectorate of Government as spelt out in Article 225 of the Constitution of Ugan-da and Section 8(1) of the Inspectorate of Government Act 2002 include the following:
(a) To promote and foster strict adherence to the rule of law and principles of natural justice in ad-ministration;
(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office;
(c) To promote fair, efficient and good governance in public offices;
(d) To supervise the enforcement of the Leadership Code of Conduct;
(e) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority to which the Article applies, taken, made, given or done in exercise of adminis-trative functions; and
(f ) To stimulate public awareness about the values of constitutionalism in general and the activities of its office, in particular, through any media or other means it considers appropriate.
1.3 GENERAL POWERS OF THE INSPECTORATE OF GOVERNMENT
The general powers of the Inspectorate are laid down in section 12 of the Inspectorate of Government Act as follows:
(a) to authorize in writing any officer under its charge to conduct an inquiry or investigation into an allegation of corruption, abuse of office and neglect of duty, and any other aspect that the Inspectorate is empowered to investigate;
1CHAPTER:
INTRODUCTION
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(b) to require a public officer or any other person to answer questions concerning his or her duties or those of another person;
(c) to require any person in charge of a public office to produce or furnish within a specified time, any document or certified true copy of such document which is in his or her possession or under his or her charge; and
(d) to do any other thing necessary for the performance of the functions of the Inspectorate under the Act.
Further, subject to the provisions of any law, the Inspectorate has powers to enter and inspect the prem-ises or property of any department of Government, person or of any authority; to call for, examine and where necessary, retain any document or item in connection with the case being investigated, found on the premises; and may, in those premises, carry out any investigation for the purpose of its functions.
1.4 SPECIAL POWERS OF THE INSPECTORATE OF GOVERNMENT
The Inspectorate of Government is granted special powers under Article 230 of the Constitution and Section 14 (5) of the Inspectorate of Government Act 2002. These powers include the following:
(a) To investigate any bank account, purchase account, share account, expense account or any oth-er account, or any safe or deposit box in a bank, or any transaction for the purposes of this Act.
(b) To investigate, cause investigation, arrest, cause arrest, prosecute or cause prosecution in re-spect of cases involving corruption, abuse of authority or of public office;
(c) To make orders and give directions where necessary and appropriate in the course of its inves-tigations or as a consequence of its findings;
(d) To enter and inspect premises or property of any department of Government, person or author-ity and to examine or retain any documents found therein;
(e) Not to require the consent or approval of any person or authority to prosecute, or discontinue proceedings instituted by the Inspectorate; and
(f ) To exercise the same powers of appeal as exercised by the Director of Public Prosecutions.
1.5 JURISDICTION AND INDEPENDENCE OF THE INSPECTORATE OF GOVERNMENT
Articles 226 and 227 of the Constitution provide the Inspectorate of Government with areas of authori-ty and guarantee its independence. The jurisdiction of the Inspectorate of Government covers officers or leaders whether employed in the public service or not, and the institutions, organizations or enter-prises Parliament has prescribed under S.9 of the Inspectorate of Government Act. These include the Cabinet, Parliament, courts of law, central and local governments and statutory corporations, among others. The IG is independent in the performance of its functions and reports to Parliament and the President.
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1.6 STRATEGIC OBJECTIVES OF THE INSPECTORATE OF GOVERNMENT (2010 – 2014)
Having launched the Inspectorate of Government Corporate and Development Plan (CADP) in Decem-ber 2010, the Inspectorate set out to realize its mission with the following strategic objectives:
(i) To investigate and prosecute corruption related cases;
(ii) To enforce the Leadership Code of Conduct;
(iii) To enhance and promote the rule of law and justice in public offices;
(iv) To inspect public institutions;
(v) To carry out public awareness on the values of Constitutionalism in general and the activities of the office through any media it considers appropriate;
(vi) To carry out preventive measures through study of key public institutions and systems;
(vii) To undertake capacity building of the Inspectorate of Government;
(viii) To restructure and streamline the Inspectorate of Government operations and systems.
1.7 ORGANIZATION OF THE INSPECTORATE OF GOVERNMENT
Article 223 of the Constitution provides for the Leadership of the Inspectorate of Government which comprises the Inspector General of Government (IGG) and two Deputy Inspectors General of Govern-ment (DIGGs). The Inspector General of Government and the Deputy Inspectors General of Govern-ment are appointed by the President with the approval of the Parliament of Uganda. The office was for sometime not fully constituted. However, with the appointment and swearing in of the IGG and her two deputies, the office is now fully constituted.
The Inspector General of Government Ms. Irene Mulyagonja Kakooza swearing in
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The Deputy Inspector General of Government Mr. George Bamugemereire swearing in.
The Deputy Inspector General of Government Ms. Mariam Wangadya swearing in.
The Secretary to the Inspectorate of Government is the Accounting Officer and is appointed by the President on the advice of the Public Service Commission.
For purposes of implementing its functions and objectives, the Inspectorate of Government is struc-tured into a Department, six Directorates and two Divisions as follows:
Department of Finance & Administration
The Department is responsible for coordination and provision of administrative support services to the technical Directorates, Divisions and Units and efficient management of the financial resources to enhance smooth running of the Inspectorate. The Department is headed by the Undersecretary.
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Directorate of Operations
The Directorate is headed by a Director and is responsible for carrying out field operations. It ensures accountability and transparency in public offices through investigation of corruption in Central Gov-ernment, Ministries, Departments, Agencies and projects.
Directorate of Legal Affairs
The Directorate is headed by a Director who is the Principal Legal Advisor to the Inspectorate and en-sures that the Inspectorate exercises its powers in conformity with the law. The Directorate enhances transparency and accountability in public offices through prosecution of suspects of corruption and abuse of office and represents the IG in all Courts of Judicature.
Directorate of Education and Prevention of Corruption
The Directorate is headed by a Director and is responsible for ensuring public awareness about the val-ues of Constitutionalism and the activities of the Inspectorate through workshops/seminars, the media and any other means the Inspectorate considers appropriate.
Directorate of Leadership Code
This is headed by a Director and is responsible for carrying out field operations, monitoring and enforce-ment of the Leadership Code of Conduct to ensure integrity, transparency and accountability among leaders specified under the Act. It ensures that all leaders declare their income, assets and liabilities, investigates allegations of breach of the Code and conducts other investigations that are not related to the breach of the Code.
Directorate of Regional Offices
The Directorate is headed by a Director and its role is to ensure accountability and transparency in pub-lic offices through investigating mal-administration and unfair treatment, corruption and allegations of breach of Leadership Code by leaders in Local Governments. The Directorate is in charge of Regional Inspectorate Offices and operations, and improves efficiency in service delivery by taking the services of the Inspectorate nearer to the people.
Directorate of Ombudsman Affairs
The Directorate is headed by a Director and is in charge of investigating public complaints of malad-ministration in the Central and local governments. It also carries out Policy and System Studies with a view to making recommendations for better governance. The Directorate promotes the culture of administrative justice and transparency in public offices through the investigation of complaints of mal-administration, carrying out studies on identified systems, practices, procedures and policies that may lead to maladministration.
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Information & Internal Inspection Division
The Division is headed by a Senior Principal Inspectorate Officer who reports directly to the IGG. It ensures efficiency, transparency and accountability among staff of the Inspectorate of Government by detecting and curtailing possible corruption among them and by vetting staff to be recruited by the Inspectorate and other government departments, as well as conducting investigations.
Public and International Relations Division
The Division is headed by a Principal Inspectorate Officer who reports directly to the IGG. The Division is responsible for both national and international public relations in the Inspectorate.
1.8 REGIONAL INSPECTORATE OFFICES
To take its services closer to the people, pursuant to the provisions of Article 228 of the Constitution, the Inspectorate has so far established sixteen (16) Regional Offices headed by Principal Inspectorate Officers. The Regional Offices are structured to perform the functions of the Inspectorate and are dis-tributed over the country as follows:
Table: III Distribution of IG Regional Offices and the districts covered
No. RegionRegional Office
Geographical Coverage
1. Central
Kampala Mpigi, Mityana, Mubende, Butambala, Wakiso, Gomba and Kampala.
Masaka Masaka, Kalangala, Sembabule, Rakai, Bukomansimbi, Kalungu, Lwengo and Lyantonde.
Mukono Mukono, Kayunga, Nakaseke, Luwero, Buvuma, Nakasongola, and Buikwe.
2. Western
Fort Portal Fort Portal, Kabarole, Bundibugyo, Ntoroko, Kamwenge, Kyenjojo, Kyegegwa and Kasese.
Hoima Hoima, Kibaale, Kiboga, Buliisa, Masindi and Kiryandongo.
MbararaMbarara, Isingiro, Ibanda, Kiruhura, Bushenyi, Rubirizi, Mitooma, Sheema, Buhweju and Ntungamo.
Kabale Kabale, Kisoro, Kanungu and Rukungiri.
3. Eastern
Jinja Jinja, Kaliro, Bugiri, Kamuli, Iganga, Buyende, Luuka, Namutumba, Mayuge and Namayingo.
Soroti Soroti, Amuria, Kaberamaido, Katakwi, Bukedea, Ngora, Serere and Kumi.
Mbale Mbale, Bukwo, Kapchorwa, Sironko, Budaka, Pallisa, Bulambuli, Kibuku and Kween.
Tororo Tororo, Busia, Butaleja, Manafwa and Bududa.
4. Northern
Arua Arua, Koboko, Zombo, Nebbi and Maracha.
Gulu Gulu, Kitgum, Pader, Agago, Lamwo, Nwoya and Amuru.
Moroto Moroto, Abim, Nakapiripirit, Amudat, Kotido, Napak and Kaabong.
Lira Lira, Apac, Oyam, Dokolo, Otuke, Aleptong, Kole and Amolatar.
Moyo Moyo, Adjumani and Yumbe.
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IG Kampala Regional Office inaugurated
H.E. the Danish Ambassador officially opening IG’s 16th Regional Office in Kampala.
The Inspectorate of Government officially inaugurated its 16th Regional Office as part of the activities to commemorate the International Anti-Corruption Day 2013.
Speaking at the colorful function, the Danish Ambassador to Uganda, H.E Dan E. Frederikson hailed the Inspectorate for the promotion of good governance in Uganda, but warned that the country’s economy will continue to slow down if theft and misuse of public funds are not dealt with. He also condemned the recent freeze of the Anti-Corruption Court, which he said has retarded the fight against corruption. He urged the Judiciary to handle the Constitutional petition against the court expeditiously so that it could resume operations. The court has since been reopened.
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The office is located at Plot 1645 Gyagenda Road, Ntinda-Kiwatule. It will handle complaints from Mubende, Mityana, Gomba, Butambala, Mpigi, Wakiso and Kampala area.
DISTRICTS SERVED BY THE INSPECTORATE OF GOVERNMENT REGIONAL OFFICES
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2.1 INTRODUCTION
In the implementation of the Anti-Corruption function the IG carries out investigations where commis-sion of any offence under the Anti-Corruption Act 2009 or the Leadership Code Act is alleged. Where the subject of an investigation is found to have committed an offence he/she may be arrested and prosecuted. Disciplinary action in varying degrees from warnings to dismissal may also be recom-mended to the supervisors of public officers and monies lost or embezzled recovered from the culprits. Assets may also be confiscated from a public officer who investigations establish to have acquired them through corrupt means.
This Chapter, therefore, gives brief facts about investigations of corruption, arrests and prosecutions that were carried out during the reporting period. The chapter also highlights the findings and recom-mendations made by the IG in its role to ensure proper use of NUSAF II and PRDP II funds.
2.2 INVESTIGATIONS
The table below illustrates the comparative analysis of the general investigations carried out during the current and previous reporting periods.
Table: IV Investigations carried out by the Inspectorate
January – June 2013 July – December 2013
a Complaints brought forward 4,895 5,382
b Investigations from Audit Reports 42 53
c New complaints received/initiated 1,363 1,513
d New verifications of leaders’ declarations 8 14
e Total workload = a + b + c + d 6,308 6,962
f Investigated & completed 712 822
g Verifications concluded 18 23
h Referred to other Institutions 183 144
i Rejected complaints 13 21
j Total complaints concluded = f + g + h 926 1,010
k Carried forward = e – i 5,382 5,952
As indicated in the table above, the Inspectorate had a total workload of 6,962 complaints during the current reporting period compared to 6,308 complaints which were handled during the previous pe-riod (January – June 2013). Out of 1,513 complaints that were received 181 complaints were those received through the new SMS Reporting System that was launched in June 2013. The chart below shows a comparison of investigations that were handled during the previous reporting period and the current one.
2CHAPTER:
IMPLEMENTATION OF THE ANTI-CORRUPTION FUNCTION
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Figure 1: Graph showing general investigations by the Inspectorate
0
200
400
600
800
1000
1200
Investigated &completed
Referred toother agencies
ComplaintsRejected
TotalConcluded
712
183
13
926
822
144
21
1010
Jan - June 2013
July - Dec 2013
The graph above shows that a total of 822 complaints were investigated and completed during the current reporting period compared to 712 complaints that were completed during the previous period. This shows that the performance of the IG, as far as investigations are concerned, improved during the current period.
A total of 1,050 corruption complaints which accounted for 69.4% of the total complaints were re-ceived. The corruption complaints received during the current reporting period increased by 22.7% compared to the previous period (January – June 2013) which was 856. A total of 545 corruption com-plaints were investigated and completed while 386 complaints were completed during the previous reporting period.
Of the total number of new corruption complaints received by the Inspectorate, 665 (63.3%) were re-ceived at the Headquarters in Kampala while 385 (36.7%) were registered at the Regional Offices.
The nature of corruption complaints investigated and completed during the period, are shown in the table below:
Table V: Corruption complaints investigated and completed during the period July – December 2013
Corruption Complaints Number of Complaints %age1 Abuse of office 149 18.1%2 Forgery and uttering of false documents 59 7.2%3 Embezzlement 56 6.8%4 Bribery 34 4.1%5 Misappropriation 62 7.5%6 Conflict of interest 31 3.8%7 Corruption 86 10.5%8 False Claims 21 2.6%9 Audit Queries 37 4.5%
10 Extortion 10 1.2%11 Sub Total 545 66.3%
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Analysis of the complaints received by the Inspectorate of Government during the period July – De-cember 2013 show that those against district administrators together with individual public officers are the highest each accounting for 15.9% of the total complaints received. These were public officials who were alleged to have used their offices for private gain. There are several types of corruption that occur in local governments. Some are more common than others, and some are more prevalent to local governments than to larger segments of Government. Local governments may be more susceptible to corruption because interactions between private individuals and officials happen at greater levels of intimacy and with more frequency than at decentralized levels. Forms of corruption pertaining to mon-ey like bribery, extortion, embezzlement, and graft are commonly found in local government systems. Other forms of corruption found are nepotism and patronage. There is therefore need to strengthen auditing in local governments.
Another category that was complained against most was Municipal Councils/Town Councils account-ing for 9.2% of the total complaints received. The nature of complaints in this category included mis-handling of tenders/contracts, conflict of interest, abuse of office, embezzlement and property dis-putes. Most complaints in this category were registered at the regional offices. Municipalities require more local officials to represent and manage them. With more officials, it becomes more difficult to monitor their activities. This encourages corruption to occur because there is less likelihood of getting caught and prosecuted.
The 4th ranked category was Uganda Police which accounted for 7.7% of the total complaints regis-tered. The nature of complaints against police included mishandling of cases, bribery, abuse of office, and delay of service delivery. The Uganda Police Force is the most bribery-prone institution in the coun-try, because bribery is either demanded by Police or offered by the people seeking service from the police. The Police Standards Unit is doing a commendable job to instill discipline in the force but they need to be strengthened in order to be more effective in curbing internal corruption.
Complaints against head teachers (both primary & secondary schools) were the 5th highest account-ing for 6.8% of the total complaints received. Most complaints against school administration involved mismanagement, nonpayment of employees, victimization/oppression and general misconduct. There is need to demand a commitment to high quality education that’s available to all. For this, policy in-formation that is clear and easy to understand is needed. National, district and school budgets need to be published in detail so that monitoring of resources allocated is made easier. Confidential com-plaint channels are essential to report suspected corruption without fear of retaliation. It is important to have clear regulations controlling education finance and management. These give guidelines on new schools, exam processes and fees. Regular external audits must take place to detect and deter fraud. And frequent school inspections can prevent corruption in teacher management and behaviour. Consistent penalties for abuses are also needed. No teacher should be appointed without proof of their qualifications and experience. The details of complaints against institutions/departments are contained in table XIII of this report.
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2.3 ARRESTS MADE
As stated earlier the IG has powers to arrest or cause arrests of people who investigations reveal to have engaged in corrupt practices and abuse of office or authority or who for no good reason refuse or ignore to respond to summons issued by the IG. During the period under review, twenty eight (28) public officers were arrested for various corruption offences and most of them are being prosecuted in the courts of law. For details of the arrests that were effected see appendix B of this report.
2.4 PROSECUTIONS
2.4.1 Introduction:
The powers of the Inspectorate of Government to prosecute or cause prosecution of suspects alleged to have been engaged in corruption and abuse of office are derived from the Constitution of the Re-public of Uganda which provides in Article 230 that:
“The Inspectorate of Government shall have power to investigate, cause investigation, ar-rest, cause arrest, prosecute or cause prosecution in respect of cases involving corruption, abuse of authority or of public office”.
During the period under review, the IG prosecuted one hundred twenty one (121) cases, out of which one hundred and nine (109) were carried forward from the previous period (i.e. on-going cases and pending appeals as at 30th June 2013) and twelve (12) were new cases registered in courts of law during the reporting period. Three (3) cases resulted into conviction, two (2) resulted in acquittals, two (2) cases were withdrawn and none abated. Eighty five (85) cases were on-going at first trial and thirty one (31) cases were on appeal, as at 31st December, 2013. For details of cases that were prosecuted by IG during the period under review, please see Appendix C of this report.
Figure 2: Graph showing the trend of arrests and prosecutions for the Years 2006 – 2013
1231 26 24
70
120
72 6644
60 64 70
116
154168
266
0
50
100
150
200
250
300
2006 2007 2008 2009 2010 2011 2012 2013
Arrests
Prosecutions
Linear (Prosecutions)
The graph above shows that there is an upward trend of prosecutions conducted by the IG.
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2.4.2 Constraints encountered in prosecution of cases
(i) One major constraint was stay of proceedings before magistrates who are under the High Court Anti-Corruption Division. During the reporting period the court that handles the bulk of IG cases was closed making it impossible for IG to conclude cases in that court.
(ii) Other courts country wide have many cases and they do not prioritize hearing of corruption cases.
2.5 CIVIL CASES
Through execution and enforcement of its actions and or recommendations as per the investigations, the Inspectorate of Government in effect attracts challenging applications and constitutional petitions that seek for orders of certiorari, mandamus, prohibition, damages and interpretation of the law.
The IG defends such applications and petitions and also gives and responds to instructions obtained from the Attorney General’s Chambers. IG also drafts such responses and answers to the filed Court pleadings and defends, submits and appears in Courts of Law.
For the period under review, IG successfully concluded seven (7) cases and fourteen (14) cases are still on-going out of which two (2) are pending a ruling. For details of civil cases that were handled by IG in the reporting period, please see Appendix D of this report. The table, however, excludes cases where the IG due to lack of corporate status was substituted by the Attorney General.
2.5.1 Challenges faced by the IG in Civil Litigation
(i) The period under review was a court vacation and characterized by a criminal session.
(ii) Lack of corporate status has impacted IG performance as most litigants prefer suing the Attorney General in representative capacity.
(iii) Lack of the Leadership Code Tribunal stipulated under Article 235 A of the Constitution for the enforcement of the Leadership Code Act which has left some recommendations of the IG in lim-bo for fear of being challenged in court.
(iv) Continuous transfers of the judges and lack of quorum at an appeal level cause delays in conclu-sion of cases.
(v) Continuous adjournments by the presiding judicial officers for various reasons.
2.5.2 Recommendation
(i) Amend the law in order for the IG to attain corporate status.
(ii) Establish the Leadership Code Tribunal.
2.6 MONITORING AND INSPECTION OF GOVERNMENT PROJECTS
2.6.1 ENSURING TRANSPARENCY AND ACCOUNTABILITY IN NUSAF II PROJECT
The Northern Uganda Social Action Fund II (NUSAF II) is a demand driven multi-sectoral project that was designed to be implemented under the Peace, Recovery and Development Plan (PRDP) funded through International Development Association credit.
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The project provides a ring fenced budget to strengthen measures and ensure transparency, account-ability and anti-corruption in the project area, using the project as an entry to the development and implementation of improved systems for use by communities and local authorities.
The Inspectorate of Government was co-opted under the Transparency, Accountability and Anti-Cor-ruption (TAAC) Sub-component of NUSAF II and PRDP II to ensure efficiency of public expenditure un-der the funds.
2.6.2 NUSAF II Inspection and Monitoring
In the period under review, NUSAF II inspection reports from the districts of Bukwo, Kween, Katakwi, Gulu, Alebtong and Kole districts were issued and below are findings and recommendations;
(1) NUSAF Inspection in Bukwo and Kween districts
(i) It was established that all the sub-projects physically exist on the ground and implementation was ongoing. The target communities fully participated in the procurement process for their respective sub-projects. Communities were also involved in the supervision of the sub-projects. The sub-projects inspected received the funds and are using the money for the proposed activi-ties.
(ii) The sub-projects under Bukwo district did not present bank statements to verify receipt of the disbursed funds. However, most of the sub-projects had not paid out any funds as the projects were still at foundation level.
(iii) Bukwo and Kween NUSAF II Desk Officers do not have vehicles to facilitate supervision and mon-itoring of the sub-projects effectively. The poor state of the road network, especially during rainy season in the two districts greatly affects the implementation of NUSAF II.
(iv) Although Bukwo district had earlier been provided with a vehicle, it got involved in an accident in 2012 and requires Shs.42,424,168/= for the repair of the damaged body parts and engine. The vehicle was taken to the supplier/Cooper Motors (U) Ltd with the authority of the PS, OPM but Bukwo district is not in a position to raise enough funds to meet the cost of the repairs;
(v) Kween district is behind schedule in NUSAF II implementation. This is explained by the laborious process of splitting Kween district from Kapchorwa. However, the failure by the OPM to remit funds for training of the CMC, CPC and SAC members is rendering idle the 6th disbursement of Shs.260,083,483/= sent to the district.
Given the above findings, it was recommended that:
a) In accordance with paragraph 1.2 (a) and (c) of the MOU between OPM and the District Local Government, the Office of the Prime Minister should:
(i) Meet the cost of repair of the NUSAF II vehicle for Bukwo district because Bukwo does not have the capacity to raise funds of the magnitude required for the repairs;
(ii) Consider procuring a NUSAF II vehicle for Kween district to facilitate supervision and moni-toring of NUSAF II implementation.
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b) The Office of the Prime Minister should urgently remit training funds for CMC, CPC and SAC to Kween district to enable utilization of the funds remitted under the 6th disbursement in order to benefit the intended communities.
c) The NUSAF II Desk Officer, Bukwo district should ensure that the respective sub-projects extract their bank statements in a timely manner.
(2) NUSAF II Inspection in Alebtong and Kole Districts
The inspection established that;
(i) All the sub-projects inspected were established in accordance with NUSAF II guidelines. The people who benefitted from them were needy and also the schools which benefitted from CIR Projects indeed lacked the teacher’s houses and the toilets for the pupils.
(ii) For all the twenty three (23) sub-projects inspected it was confirmed that they physically exist on the ground. This was manifested by the various members met, testimony given by the beneficiaries, sign posts and animals seen on the ground, and the classrooms and toilets constructed. However, piggery as a sub-project has registered the highest number of animal deaths.
(iii) Accountability of funds for the projects visited was above 95% and the record keeping system at the offices of Lira and Apac NUSAF II District Coordinators (NDC) and sub-projects was satisfactory.
(iv) NUSAF II activities for both Alebtong and Kole districts are still being managed in Lira and Apac districts respectively as mother districts. This hampers smooth coordination of activities on the ground and their inspection.
(v) In all CIR and HISP projects visited the beneficiaries are aware of the need to plant trees to check on environmental degradation, but due to a prolonged dry season, trees could not be planted, and those that had been planted dried up.
In view of the above findings, it was recommended that:
(i) Piggery as a sub-project should be considered for being phased out and replaced by cattle or goat rearing.
(ii) The Office of the Prime Minister should expedite the process of granting both Alebtong and Kole districts autonomy to enable them manage their NUSAF II activities independently from Lira and Apac districts.
(iii) The NDC and trainers of beneficiaries should continue to emphasize the importance of conserving the environment and ensure its implementation among the beneficiaries.
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(3) NUSAF II Inspection in Katakwi district
Inspection established that:-
(i) All the funded sub-projects existed and implementation was ongoing. The sub-project members fully participated in the procurement processes for their respective sub-projects. However, some challenges were encountered in implementation;
(ii) The contract prices for eleven (11) construction projects exceeded the amounts approved by OPM;
(iii) Corrections to the ring beam at Akwamor Primary School had not been effected;
(iv) Pit latrines at eight (8) sub-projects sites had not been sunk and constructed;
(v) NUSAF II sign posts were not erected at three sub-project sites;
(vi) The former Head teacher of Odoot Primary School did not hand over the sub-project files to the new Head teacher of the school;
(vii) All sub-projects visited had submitted accountability for the funds disbursed. However, only fifteen (15) sub-project files had accountability summary sheets. In addition, the accountabilities on file for seven (7) sub-projects did not tally with the sum on the financial tracker;
(viii) The sub-project members fully participated in the procurement processes for their respective sub-projects.
Given the above findings, it was recommended that:-
(i) Corrections to the ring beam at Akwamor Primary School teachers’ houses are properly implement-ed;
(ii) Pit latrines are constructed at the eight schools at which works had stalled;
(iii) Sign posts are procured and erected for easy identification of all NUSAF II funded sub-projects;
(iv) Sub-project records including accountabilities are up to date and properly maintained. That the accountability information on a sub-project file tallies with the information on the financial tracker.
2.6.3 NUSAF II Training
During the period under review IG also carried out training of NUSAF II Community Project Manage-ment Committees (CPMCs), Community Procurement Committees (CPCs) and Social Accountability Committees (SACs) in Oyam, Dokolo, Alebtong, Amolatar, Kibuku, Budaka, Pallisa, Kween, Bulambuli and Sironko districts.
2.7 Inspection and Monitoring of Peace, Recovery and Development Plan (PRDP)
2.7.1 Introduction
PRDP was launched by Government of Uganda in 2007 and started full scale implementation in 2009. Its overall goal is to stabilize Northern Uganda and lay a firm foundation for recovery and development.
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There are four strategic objectives of PRDP II namely: -
(i) Consolidation of State authority;
(ii) Rebuilding and empowering communities;
(iii) Revitalization of the economy; and
(iv) Peace building and reconciliation.
In as far as the transparency and accountability assurance in PRDP II implementation is concerned; the Inspectorate of Government has been incorporated in the program to improve performance and value for money.
In the period under review, PRDP II funds and activities in the Education Sector were monitored in the districts of Koboko, Maracha, Masindi, Kiryandongo, Agago, Pader, Nakapiripirit, Amudat, Serere, Ngora, Katakwi, Kaberamaido, Kween, Bukwo, Mbale, Manafwa, Budaka, Kibuku, Lamwo, Kitgum, Busia and Tororo. Some of the monitoring reports are detailed below;
2.7.2 Inspection of PRDP II Project in Pader District
The inspection was carried out to establish the following:-
(i) Whether the funded projects exit
(ii) Whether the projects are being implemented in accordance with the PRDP II guidelines.
(iii) Whether there was value for money.
2.7.2.1 Findings
In the Financial year 2012/2013, Government released a total of Shs.2,624,293,000/= to Pader District. These funds were credited to the District General Collection Account. Of this amount, Shs.596,602,000/= was for the Education sector.
The fund was meant for construction of three classroom blocks at nine primary schools. Upon inspec-tion IG confirmed that all the funded projects existed. Works at six of the schools had been implement-ed in accordance with the PRDP II guidelines. Some of the classrooms were already in use.
However construction work at Acutomer P/S and Olambyera P/S was not yet complete although the project period ended.
The following defects were noted in some of the sub projects:-
(i) Cracks on the classroom floor, access ramp, walls;
(ii) Poor finishing on blackboards, verandahs;
(iii) Poor workmanship on the anti termite projections;
(iv) Poor fastening of the lightening arrester at Te Okutu P/S;
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(v) Installation of three (3) pin boards per classroom and sign board with details of contractor and planting of at least fifty (50) shade and citrus trees was not done at any of the construction sites;
(vi) Lightening arresters at Alim P/S, Laminajiko P/S, Lupwa P/S and
Lakoga P/S were missing;
(vii) The BoQ for Acutomer P/S did not provide for installation of a lightening arrester;
(viii) Some Contractors interviewed complained about delay in handling their invoices.
2.7.2.2 Recommendations
(i) The District should plan and install a lightening arrester at Acutomer P/S;
(ii) The CAO should ensure that:-
a) All the defects noted are rectified by the Contractors before final payments are made;
b) The sign board, pin boards and lightening arresters are correctly put in place and trees planted by the contractors;
c) Certified works are paid for without unnecessary delay;
d) Elyak Technical Services completes supply of the desks as contracted.
(iii) Retention money should not be paid until the defects are rectified.
(iv) Supervision of Contractors should be scaled up and with care.
2.7.2.3 Site Visits
Six (6) projects were visited, inspected and photographs taken to show the status of the projects:
1) Acutomer P/S
The school is located in Acholibur Sub-County, Gemonyot Parish. Shs.77,001,000 was budgeted by Pader District Local Government (PDLG) for construction of a three classroom block at the school in the FY 2012/2013.
At the time of inspection, the classroom block was roofed and partly plastered at the front. Doors and windows were not fitted. No verandah was constructed. The construction was behind schedule.
The contract site Foreman, informed the IG team that works were behind schedule because of delays in release of funds by the District.
Elyak Technical Services Ltd was awarded the contract to supply 54 desks to the school at Shs.7,290,000=. At the time of inspection, the desks had not yet been supplied. The contractor had first supplied desks to three other schools, Laminajiko, Lakoga and Lanyatido. The contractor was reported to be complet-ing making the remaining desks.
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Above: Sign board with details of contractor Below: Front view
2) Lamincila P/S
The school is located in Awere Sub County, Lagile Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at this school in the FY 2012/2013.
At the time of inspection, construction work was found to have been completed and the building was in use. A lightening arrester had been installed.
However, some defects seen included cracks at the front sections of the classrooms and the blackboard was rough and not properly painted.
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Lamincila P/S Classroom Block
Cracks in sections of the floor
3) Lanyatido P/S
The school is located in Lapul Sub-County, Koyo Parish. Shs.77,001,000 was budgeted by PDLG for con-struction of a three classroom block at the school in the FY 2012/2013.
At the time of inspection, the classroom block was complete and in use. A lightening arrester was fitted. However, the classroom floors were poorly done and were peeling.
Fifty four (54) desks had been supplied by Elyak Technical Services Ltd and were already in use.
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Lanyatido P/S Classroom Block
Section of poorly done floor peeling off Desks supplied
4) Olambyera P/S
The school is located in Ogom Sub County, Pukor Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.
At the time of inspection, the classroom block had been roofed and plastered. Doors and windows had been fitted. A lightening arrester was installed. The building had, however, not been painted but the contractor was at site and preparing to start painting.
The defects noted were cracks on the floor of the classrooms which the contractor promised to rectify. He attributed the cause of the cracks to the nature of poor sand in the district.
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Olambyera P/S classroom block
Cracked floor
5) Lupwa P/S
The school is located in Pader Town Council, Acoro Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.
At the time of inspection, the construction of the three classroom block was complete and the building was in use.
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Lupwa P/S Classroom block
Defects noted included broken anti termite projection and cracks on the floor as shown in the pictures below:
Broken anti termite projection Cracked floor
6) Alim P/S
The school is located in Pajule Sub County, Paiula Parish. Shs.77,001,000 was budgeted by PDLG for construction of a three classroom block at the school in the FY 2012/2013.
At the time of inspection, the construction of the three classroom block was found complete and the pupils were already using the classrooms.
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Alim P/S classrooms block
Pupils sitting on the floor in class
The structure had defects which included one broken window, the hinges on all the windows were poorly done and could not open and close easily. The floor below the blackboards was poorly done revealing cracks and the blackboards were rough.
Broken window Poor finishing of floor below the blackboard
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3.0 INTRODUCTION
3.1 The Ombudsman function of the Inspectorate of Government is derived from Article 225(1) (a) (c) and (e) of the Uganda Constitution which outlines the functions of the Inspectorate of Govern-ment as hereunder;
(a) To promote and foster strict adherence to the rule of law and principles of natural justice in administration.
(b) To eliminate and foster the elimination of corruption, abuse of authority and of public office.
(c) To promote fair, efficient and good governance in public offices.
(d) To investigate any act, omission, advice, decision or recommendation by a public officer or any other authority towhich this article applies, taken, made, given or done in exercise of administrative functions.
Section 8 of the Inspectorate of Government Act 2002 is a replica of the above provision.
The Inspectorate of Government fulfills the above functions and the Ombudsman function through investigation of maladministration and administrative injustice within public offices and recommends corrective actions.
The Inspectorate of Government fulfills these functions through investigation of maladministration and administrative injustice within public offices and recommending corrective actions.
IG mainly handles ombudsman complaints such as:
(i) Employment disputes e.g. irregular recruitments, unfair dismissals and victimization.
(ii) Non-payment or delayed payment of salary, salary arrears, leave allowances, pension, gratuity and terminal benefits and failure to access/deletion from the payroll.
(iii) Inheritance and administration of estates disputes.
(iv) Property disputes.
(v) Improper tendering procedures especially by both central and district local governments.
(vi) Irregularities in procurement procedures.
(vii) Abuse of office by public officials.
3CHAPTER:
IMPLEMENTATION OF THE OMBUDSMAN FUNCTION
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During the period under review, the institution mostly complained about was the Ministry of Public Service. Many complaints relating to deletion of names from payroll, non-payment of gratuity pension and salary arrears were successfully handled and the complainants were paid.
The Inspectorate had a total of 1,947 ombudsman complaints. 460 of these were new complaints re-ceived during the period while 1,487 were complaints brought forward from the previous period. Out of 460 complaints received, 21 complaints were found to lack merit. 117 complaints were processed and referred to other institutions, while 254 complaints were investigated and completed and 1,555 complaints were carried forward. Most of the Ombudsman complaints were related to nonpayment of salary, pension, gratuity and other benefits.
Table VI: Ombudsman complaints investigated and completed during the Period July – December 2013
Nature of Complaint Number %age
Mismanagement 70 8.5%
Non payment of salaries and other benefits 68 8.3%
Property Disputes 37 4.5%
Tenders & Contracts 25 3.0%
Delay of service delivery 32 3.9%
Victimization/oppression 18 2.2%
others 4 0.5%
Sub Total 254 30.9%
3.2 Challenges in implementation of Ombudsman Investigations
a) Reluctance, delays and/or refusal by some Government Institutions to respond to IG inquiries greatly slows down IG’s work. Institutions that are notorious for this are Uganda Police, Lands office, Uganda Land Commission, Ministry of Lands, Housing and Urban Development, Ministry of Public Service, District Land Boards, Uganda Peoples Defence Forces and the Uganda Regis-tration Services Bureau.
b) Investigation of land related cases has also become increasingly costly as the Ministry of Lands, Housing and Urban Development is now charging fees for documents and retrieval of informa-tion.
3.3 Recommendations to Government
(i) Every government department should have a Liaison Officer for the IG for purposes of speeding up response to inquiries.
(ii) Action officers who ignore to implement IG recommendations, orders and directives for no good reason, should be summoned to answer before the relevant Parliamentary Committees.
(iii) Government should adequately fund its departments to enable speedy resolution of payment related complaints and avail adequate facilities like computers to ease data retrieval by investi-gators.
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(iv) The Ministry of Lands, Housing and Urban Development and Uganda Land Commission should consider availing documents required by IG investigation teams at no cost.
3.4 Future Plans
Continuous training of staff through formal training and attachment to other anti-corruption and om-budsman institutions such as the Danish and Dutch Ombudsman Institutions that have taken up the initiative to provide support to the IG in terms of training, sharing of ideas and exchange visits.
3.5 Policy and Systems Study
3.5.1 Background
The Constitution and the Inspectorate of Government Act, 2002, empower the Inspectorate of Govern-ment to promote fair, efficient and good governance in public offices towards the main goal of attaining zero tolerance to corruption. Given that strengthening of institutions is a key anti-corruption measure, the Inspectorate of Government carries out system studies and systemic investigations into operations, policies, systems, procedures and legislation of various Government Departments and Institutions with a view to identify loopholes that may be susceptible to corruption and make recommendations for re-medial measures. This is aimed at improving service delivery in Government Departments, Ministries, Government companies and Parastatals.
The Inspectorate of Government selects the institutions to be studied on the basis of information re-ceived through public complaints, media reports, audit reports, monitoring and evaluation reports and periodic surveys. In addition, institutions complained about most through the written public com-plaints to the IG are also considered when selecting the policy and system studies to be carried out.
It is imperative to note that policy and system studies cover a wider scope of inquisition and are thus typically expensive to conduct. Consequently, during the period under review, the Inspectorate of Government concentrated on four (4) major system studies.
3.5.2 A systems study into the alleged mismanagement and decline in immunization service delivery in Uganda
This particular policy and system study was initiated as a result of a complaint received by the office alleging vaccine stock-outs, shortage of immunization kits, logistics and lack of other supplies in the hospitals of the different districts of Uganda. Investigations and verifications were done in the sam-pled (33) districts in the Central, Northern, Eastern, Southern and Western regions of Uganda. A report detailing the findings and recommendations is under review.
3.5.3 A systems study into alleged mismanagement of Uganda Printing and Publishing Corporation (UPPC)
The Inspectorate of Government also initiated a system study into the management of Uganda Printing and Publishing Corporation (UPPC). The study was commissioned as a result of an inquiry that was con-ducted in regard to the recruitment of the Managing Director of the Corporation.
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In the course of the inquiry, it was established that UPPC had many other management, financial, hu-man resources, administrative and procurement flaws that required systemic investigations. Various written complaints were also received by the office in relation to this matter. This study is on-going.
3.5.4 A systems study into the management of Mulago Hospital
The policy and system study was initiated as a result of numerous complaints received by the office in regard to the day-to-day management of affairs in the National Referral Hospital – Mulago. Investiga-tions have commenced and a preliminary report is being prepared to inform management on the next course of action in regard to this matter.
3.5.5 A systemic review of the procedures of appointing administrative staff at Makerere University
This systemic review was initiated as a result of a complaint received by the office from Graduate Sup-port staff of Makerere University who alleged favoritism, nepotism, sectarianism, lack of transparency and discrimination with regard to the methods of recruitment and promotions used by the University. A draft report is under review before issuance of the final report.
3.5.6 Challenges in carrying out Policy and Systems studies
During the period under review, a number of challenges which included; lack of sufficient human, fi-nancial and material resources were encountered and these inhibited the completion of the planned studies.
3.5.7 Future Plans
IG intends to complete the following on-going inquiries:
(i) A policy and system study into the management of Uganda Printing and Publishing Corporation (UPPC).
(ii) A policy and system study into the management of Mulago Hospital.
(iii) Initiate a policy and system study into management of UNRA Kampala station and other upcoun-try stations.
(iv) Initiate a policy and system study into the process of recruiting staff and students in selected government nursing and paramedical schools.
(v) Conduct dissemination workshops for the affected stakeholders so as to enable implementation of recommendations contained in the system study reports.
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4.0 The Inspectorate’s Constitutional Mandate to enforce the Leadership Code of Conduct
Pursuant to Article 225(1) (d) and 234 of the Constitution of the Republic of Uganda, 1995, Section 3 (1) of the Leadership Code Act, 2002 and S.8 (1) (d) of the Inspectorate of Government Act, 2002 the Inspectorate of Government is mandated to enforce the Leadership Code of Conduct.
The Leadership Code Act, 2002 provides for a minimum standard of behavior and conduct for leaders; it requires all specified leaders to declare their Incomes, Assets and Liabilities to the Inspector General of Government. The Code prohibits conduct that is likely to compromise the honesty, impartiality and integrity of leaders or conduct that leads to corruption in public affairs and it imposes penalties on leaders who breach the Code.
Section 37 of the Leadership Code Act, 2002 provides that the Inspectorate shall include in its Statutory Report to Parliament a report on its enforcement of the Code.
4.1 Activities carried out during the period July – December 2013
4.1.1 Management of leaders’ declarations of income, assets and liabilities forms
Section 3 of the Leadership Code Act, 2002 empowers the Inspectorate of Government to receive and examine declarations submitted by leaders. During the period under review, a total of 9,551 declara-tion forms submitted in March 2013 were examined, entered in the data base and acknowledgement slips issued to the respective leaders.
The IG has already identified the leaders who have defaulted in declaring their income, assets and lia-bilities for the period ending March 2013. Majority of leaders who have not declared their wealth are UPDF officers, Police, ESO, ISO, Makerere University, Kyambogo University and URA. The process of sending them reminders to comply with the law has been embarked on.
4.1.2 Verification of leaders’ declarations of Incomes, Assets and Liabilities and investigations into allegations of the breach of the Leadership Code:
During the period under review, income, assets and liabilities of fourteen (14) leaders were verified and a total of forty four (44) properties were physically inspected and sixty four (64) bank accounts inspected.
A total of twenty three (23) verifications and investigations were completed.
Outcome of verifications and investigations:
(i) In five (5) cases, the leaders gave satisfactory explanations for their income, assets and liabilities.
(ii) One (1) case, a matter with similar facts involving the same parties was before the courts of law.
4CHAPTER:
ENFORCEMENT OF THE LEADERSHIP CODE OF CONDUCT
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(iii) One (1) case recommended the leader’s properties for valuation.
(iv) Three (3) cases the leaders were advised.
(v) Two (2) public officers were cautioned to take their declarations more seriously.
(vi) In eleven (11) cases no breach of the Code was established.
4.2 Constraints encountered in enforcing the Leadership Code of Conduct
(i) Lack of a Leadership Code Tribunal and the delayed amendment of the Leadership Code Act, 2002 is a significant challenge to the enforcement of the Leadership Code and contributed to the decline in adhering to the Code of Conduct by leaders.
(ii) Difficulties and delay in the verification of information in respect to the leaders’ income, assets and liabilities due to lack of a proper record keeping culture.
(iii) Delays in accessing information from government registries also delays the search process hence affecting timely completion of files.
4.3 Future Plans for the period July to December 2013
(i) Completion of thirty two (32) cases of investigations of breach of the Code and verification of leaders’ incomes, assets and liabilities.
(ii) Issue declarations of income, assets and liabilities forms to 1,500 leaders who are due to declare by the end of March 2014.
(iii) Receive and examine at least 95% of the submitted declarations of income, assets and liabilities by leaders.
4.4 Recommendations to Government
(i) There is urgent need for the amendment of the Leadership Code Act and the establishment of the Leadership Code Tribunal to enable effective enforcement of the Code. This will also en-courage leaders to comply with the Code.
(ii) There should be frequent updating of the records in the various Government registries to en-able accurate data/information retrieval.
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5.0 INTRODUCTION
Under the Constitution, the Inspectorate of Government is mandated to sensitize and educate the pub-lic about the values of constitutionalism in general and the activities of the office in particular, through any media or any other means it considers appropriate. Hence the Inspectorate of Government Cor-porate and Development Plan (CADP) 2010-2014 recognizes the need to enhance the Inspectorate’s image and regional presence in all parts of the country. The aim is to deliver services to grass root citi-zenry and to formulate partnership and collaborative efforts with various sections of the public in order to fulfill the IG mandate of fighting corruption, abuse of office and administrative injustices. The public is, therefore, educated about their Constitutional right to access public services without having to pay bribes or any other extra costs and made aware of their civic duties and responsibilities to demand for accountability from their leaders, value for money and to report corrupt practices, mismanagement or abuse of public office to the Inspectorate of Government.
The following public awareness programmes and sensitization activities were carried out by IG during the period under review.
5.1 Public Awareness Programmes and sensitization
Four (4) workshops under NUSAF II were carried out in various districts under the theme “improving community livelihood through efficient NUSAF II implementation”. The purpose of these workshops was to educate and inform the various stakeholders about Government projects in terms of their goals and strategy of implementation so as to maximize value to intended beneficiaries.
The four workshops for Social Accountability Committee (SACs) members were conducted in the Kar-amoja and Teso sub-regions as detailed below:
(i) On 21/10/2013 a workshop was held at Karitas Catholic Hall in Kotido involving 217 participants from the districts of Kotido, Abim and Kaabong.
(ii) On 23/10/2013 a workshop was held at Kalip Hall in Moroto and was attended by 100 partici-pants from the districts of Moroto and Napak.
(iii) On 25/10/2013, another workshop was held at Hill view Hotel in Nakapiripirit and was attended by 126 participants from the districts of Nakapiripirit and Amudat.
(iv) On 22/11/2013, the Teso sub-region workshop was held at Kumi Hotel and was attended by 378 participants from the districts of Kumi, Bukedea and Ngora.
5CHAPTER:
PREVENTIVE MEASURES
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The Chief Guest, Hon. Minister for Karamoja making her remarks at the workshop held in Moroto.
The Deputy IGG (2ndright) participating in the deliberations at a Workshop held in Moroto
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The RDC of Kumi district making her closing remarks at a workshop held in Kumi.
A participant raises a question at a workshop in Kumi.
5.2 International Anti-corruption day celebrations/public dialogue
During the period under review, IG organized a series of activities for the anti-corruption week cele-brations running from 2nd to 9th December, 2013. The activities included; an anti-corruption procession, a press conference, boardroom sessions, TV and Radio talk shows which culminated into a public di-alogue on the International Anti-corruption day celebrations on 9th December, 2013 at Speke Resort Hotel and Conference Centre Munyonyo. On the same day IG also celebrated twenty five (25) years of existence and launched IG logo.
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Rt. Hon. Prime Minister ready to flag off activities to mark the Anti-Corruption week December 2013
The chief walker (center) Right Honorable Prime Minister of Uganda leads an Anti-corruption Procession through the
streets of Kampala on 2nd December, 2013.
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The IGG (2nd right) addressing a press conference at the National Theatre open ground on 2nd December, 2013
The Vice President unveiling the IG logo at Speke Resort Munyonyo during the International Anti-Corruption day celebrations 2013
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IG celebrating 25 years of existence with all former IGGs
Pupils of Kitante P/S performing a poem entitled: “25 years of fighting corruption: what next?”
5.3 Board Room Sessions
As part of the activities to mark the International Anti-Corruption Day, the Inspectorate of Govern-ment conducted Boardroom sessions with various Ministries, Departments and Agencies (MDAs). The purpose of the sessions was to create awareness of the functions and activities of the IG. During the Boardroom sessions a number of issues related to corruption were discussed. The MDAs visited include; Ministry of Health, Ministry of Works and Transport, Office of the Auditor General, Ministry of Local Government, Ministry of Lands, Housing and Urban Development, Ministry of Water and Environment, Ministry of Agriculture, Animal Industry and Fisheries, Ministry of Energy and Mineral Development and Ministry of Public Service.
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In addition, sessions were also held with the Local Government officials of the districts that host IG regional offices.
5.4 Public Awareness through electronic media
A total of thirty eight (38) radio programmes and one (1) TV program were carried out under the fund-ing of DANIDA, NUSAF II and PRDP Projects. These programmes were aired on the following Radio Sta-tions across the Country: Voice of Hoima, Mega FM-Gulu, Open Gate FM-Mbale, Rupiny FM-Gulu, Kioga Veritas-Soroti, Arua one FM-Arua, Nenah FM- Moroto, Eastern Voice FM-Bugiri, KFM-Kampala, Capital FM-Kampala, Radio One-Kampala, Radio Simba-Kampala, Voice of Lango and NBS television.
Also a total of four hundred eighty (480) spot messages were aired on a number of radio stations cover-ing regions under NUSAF II. These spot messages were aimed at sensitizing the public in NUSAF II and PRDP areas on how to report corruption complaints.
5.5 Integrity Ambassadors’ clubs activities
A total of thirteen (13) Integrity Clubs were financially, materially and morally supported during the period under review as detailed below:
(i) On 24th August, 2013 students of Bishop Stuart University –Mbarara held a seminar at their cam-pus under the theme “corruption the evil destroying Africa”.
(ii) On 13th September, 2013 The Integrity Ambassadors clubs of Nkumba University, held an anti-corruption seminar on the theme “youth act against corruption” the seminar was attend-ed by 400 students from; Ndejje University, Bugema University, Makerere University, Kampala International University, Muteesa1 Royal University and Nkumba University.
(iii) On 22nd November, 2013 the students of Gulu University Integrity Ambassadors’ Club organized and hosted an inter-institution anti-corruption Music, Poetry and Drama contest. This activity was attended by 300 students from Gulu Core Primary Teachers’ College (PTC), Christ the King PTC, Unyama National Teachers’ College and Gulu University.
Above are the Integrity Ambassadors of Christ the King PTC performing their anti-corruption song and dra-ma at the Inter-institution Poem, Music and Drama contest at Gulu University.
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(iv) In addition, two (2) clubs; Mutesa 1 Royal University and Nkumba University participated in In-spectorate of Government Anti-corruption procession through the streets of Kampala on 2nd December, 2013.
(v) Thirty (30) pupils of Kitante Primary School supported by the Inspectorate of Government, pre-pared and performed an Anti-corruption poem during the IG anti-corruption day celebrations on 9th December, 2013 at Speke resort Hotel and Conference centre Munyonyo.
(vi) During the period under review, IG also conducted a monitoring and evaluation exercise on the performance of Integrity Clubs in Eastern Uganda. This activity aimed at monitoring the progress of the clubs over the years in order to determine their strengths and weaknesses as well as chal-lenges. The Integrity Clubs monitored were; Busitema University-Tororo, Uganda College of Com-merce-Tororo, Uganda Technical College-Elgon, Islamic University In Uganda (IUIU)-Mbale, YM-CA-Jinja, Jinja School of Nursing and Midwifery, Busoga University-Iganga and Hotel and Tourism Training Institute (HTTI)-Jinja.
5.6 Training/sensitization of Public Servants
This activity is dependent on invitations of IG from other institutions but a total of twelve (12) such programmes were carried out.
5.7 Performance challenges
During the period under review the IG faced a challenge of insufficient financial resources which ham-pered the completion of the public awareness planned activities. This is because the DANIDA support to the IG dwindled and NUSAF II funding was suspended.
5.8 Recommendations for policy consideration
(i) There is need to have a better strategy on preventive approach as opposed to reactive approach in the fight against corruption as has been clearly demonstrated in NUSAF II and PRDP II through the TAAC component. In the long run, this approach is cheaper and helps in reverting the decay-ing morals of our society.
(ii) In order to enhance youth participation against corruption there is need to increase funding for Integrity Clubs to spread further to secondary schools.
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6.1 INTRODUCTION
The Inspectorate of Government is committed to strengthening and building capacity of its staff by organizing relevant training programs and study tours both at individual and group levels. IG further appreciates that the war against corruption and promotion of good governance requires cooperation, support and exchange of ideas with other relevant institutions both at the national and international levels. IG therefore, interacts with as many stakeholders as possible at both national and international levels. This is done by not only organizing meetings, workshops and conferences for selected stake-holders but by also attending and participating in those organized by other stakeholders. IG also inter-acts with other stakeholders through exchange of visits and study tours.
6.2 TRAINING AND INTERNATIONAL CO-OPERATION PROGRAMMES FOR THE PERIOD JULY – DECEMBER 2013
TABLE VII: LOCAL TRAINING PROGRAMMES
No. of Staff Course Duration Venue
36Training in Report Writing for Senior Staff.
12th – 13th September 2013 Grand Imperial Hotel
TABLE VIII: INTERNATIONAL TRAINING AND CO-OPERATION
No. of Staff Course/Workshop/Meeting Duration Venue
One (1) 4th Global Focal-Point conference on Asset Recovery. 1st - 9th July 2013 Bangkok, Thailand
One (1)Specialized Programme training on Web Applications Development Using Open Source Tools training.
3rd August – 26th October 2013 New Delhi, India
One (1)
13th ESAAMLG Council of Ministers Meeting. 26th Taskforce of Senior Officials Meeting and The G8 Sub-Saharan Africa AML/CFT Public Private Sector Dialogue
2nd – 10th September 2013 Swkopmund, Namibia
Two (2) Meeting on Harmonization of Laws Gov-erning the Anti-Corruption Authorities 8th -14th September 2013 Dar es salaam
One (1) 2nd Conference on African Anti-Corruption Authorities Conference. 15th - 20th September Accra, Ghana
One(1) Regional colloquium for Ombudsman Institutions in Africa. 18th-21st September 2013 Nairobi, Kenya
Three (3)Study visit as part of building capacity in investigations and prosecution of corrup-tion and related crime.
22nd – 28th September 2013.
Denmark
6CHAPTER: CAPACITY BUILDING THROUGH TRAINING AND INTERNATIONAL COOPERATION
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40 REPORT TO PARLIAMENT JULY – DECEMBER 2013
No. of Staff Course/Workshop/Meeting Duration Venue
One (1) Workshop on Illicit Financial Flows 24th -27th September 2013 Nairobi, Kenya.
One (1) Governance and Anti-Corruption Methods Seminar at the International Law Institute.
27th September 14th Octo-ber 2013.
Washington, DC, United States of America
Two (2)
Technical committee meeting for devel-opment of a Public awareness Strategy for East African Association of Anti-Corrup-tion Authorities (EAAACA).
6th -12th October 2013 Mombasa, Kenya.
One (1) Meeting on Asset Recovery Network for East Africa. 3rd – 6th November 2013 Kigali, Rwanda
One (1)
Presentation of the draft of Public Aware-ness and Communication Strategy to the Executive Committee meeting of East African Association of Anti-Corruption Authorities (EAAACA).
3rd – 7th November 2013 Kigali, Rwanda
One (1)7th Annual Executive Committee Meeting of East African Association of Anti-Corrup-tion Authorities (EAAACA).
3rd – 7th November 2013 Kigali, Rwanda
Five(5) Training in whistle Blower and Witness Protection 17th – 23rd November 2013 Bujumbura,
Burundi
One (1)Experts Workshop on Practical and Techni-cal Issues for Witness Protection Program-ming.
1st – 8th December 2013Hague, Netherlands
Two (2)Training Programme for Heads of Public/Community Education and Corruption Divisions (Phase 1)
2nd – 6th December 2013 Gaborone, Botswana
One (1)Senior Leadership and Management Programme for Heads of Anti-corruption Agencies.
10th-14thDecember 2013 Pretoria, South Africa
6.3 MEDIA RELATIONS
During the period under review, IG had various press interactions and shared different press releases and activity reports with the press and these were published by various media houses.
The IG also published newspaper supplements in New Vision and Daily Monitor on Independence Day on 9th October 2013 and Anti-Corruption Day on 9th December 2013, which coincided with the 25th Anniversary of the Inspectorate.
The IGG and the two deputies appeared on different Radio and TV talk-shows to talk about the activities of the office. Their interviews on Capital FM’s Desert Island programme were published by The Weekly Observer news paper.
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41REPORT TO PARLIAMENT JULY – DECEMBER 2013
6.4 WEBSITE MANAGEMENT
The IG continues to use its website to share information with the public. Most of the IG reports can now be accessed from the website. One has to just log onto www.igg.go.ug.
6.5 PUBLIC RELATIONS
The IG developed a new logo which was launched on 9th December 2013. The logo replaced the Court of Arms on all official documents of the IG. The IG also participated in developing the East African Association of Anti-Corruption Authorities (EAAACA) Public Awareness and Communication Strategy.
6.6 INTERNATIONAL COLLABORATION
The IG hosted the East African Association of Anti-Corruption Authorities (EAAACA), Executive meeting which was chaired by the IGG and comprised delegates from Rwanda, Burundi, Kenya and Tanzania. The IG also hosted a three-person delegation from the Anti-Corruption Bureau (ACB) of Malawi. The objective of their visit was to study the existing legal framework for fighting corruption, conducting in-vestigations and prosecution of corruption cases as well as the operations of the other anti-corruption agencies.
The IGG 3rd left with representatives of Heads of Anti-Corruption Authorities of East Africa during a meeting in Kampala
During the same period, a team of students from Drake University in the United States visited the IG to acquaint themselves with the IG’s role in the fight against corruption.
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42 REPORT TO PARLIAMENT JULY – DECEMBER 2013
7.1 INTRODUCTION
Despite increased funding from Government and continued support from Development Partners to strengthen the institution, the IG continues to face several external challenges as well as operational problems, most of which arise from inadequate resources. This chapter highlights some of the challeng-es and constraints faced by the IG. It also provides recommendations and outlines the future plans of IG.
7.2 CHALLENGES AND CONSTRAINTS FACED BY THE IG IN ACHIEVING STRATEGIC OBJECTIVES
7.2.1 Inadequate Operational funds:
The annual allocation of funds to the Inspectorate of Government is not sufficient to meet the opera-tional requirements of the Directorates and the Regional Offices. At a decentralized level, each regional office is allocated a maximum of Shs.6million per month to cater for among others travel, allowances for the investigators, payment of internet services, fuel, stationery, consumables. Given the huge number of cases recorded (over 100 per month, per regional office) and the increasing cost of items, this alloca-tion is not sufficient for effective operations. For the Regional office to effectively function, a minimum of Shs.10million is recommended.
7.2.2 Inadequate staffing:
Though the entire Inspectorate has inadequate staff at all levels, the problem is more pronounced at Regional Offices. Currently, each Regional Office serves at least five to ten districts and yet each has an average of four technical officers to carry out investigations of corruption, ombudsman complaints, in-spection of development projects, follow-up on the implementation of IG recommendations and carry out surveillance, search and make arrests. Over the Medium-Term, the IG intends to raise the number of technical officers to five per Regional Office.
7.2.3 High costs of renting office premises
The IG is currently renting premises for both the Headquarters and Regional Offices. The IG incurs a cost of Shs.1.4 billion annually for rent for both Headquarters and Regional Offices. This cost is a significant percentage of the IG recurrent budget. In the FY 2013/14, IG allocated 1.5 billion for design of the Head-quarters and Shs.52 billion is required for construction of the head office building. The money for the office design is insufficient (Shs.4.2b/= is required) while the funds for construction are not allocated.
7.2.4 Court delays
The Appeals, constitutional petitions/references and Applications filed in both Constitutional and Su-preme Court take long. Due to these delays, the IG is only able to conclude about sixty (60) prosecu-tions per year.
7CHAPTER: GENERAL CONSTRAINTS, CHALLENGES, FUTURE PLANS AND RECOMMENDATIONS
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43REPORT TO PARLIAMENT JULY – DECEMBER 2013
7.2.5 Negative attitude towards investigations
The entities being investigated and partner institutions are not providing IG with adequate support during investigations and prosecutions. Most of these institutions take long to provide information re-quested for and supportive documents. This has resulted in longer time being taken to investigate and prosecute cases. Such institutions include but not limited to; Office of Registrar General of Companies, Uganda Land Commission, Ministry of Defence, Lands Office, Solicitor General’s Office, Administrator General’s Office, Ministry of Education and Sports, Ministry of Public Service, UNEB and some Universi-ties.
Also a section of the population who are beneficiaries of corruption proceeds view the IG as thwarting their financial advancement. Such people have adopted the “if you cannot beat them, join them” men-tality. This perception can only be corrected through vigorous public awareness and sensitization cam-paigns conducted by the IG. The challenge is how to fund these campaigns taking into consideration the inadequate funds released to the institution.
There is also a lot of collusion and connivance among district officials. The Audit departments have not been spared as they won’t detect or report the corrupt and this is only done when the officials disagree during the sharing of the proceeds.
7.2.6 Resistance to implement IG recommendations
The IG investigates and produces reports with recommendations for the affected entities to take appro-priate action. However, some institutions have acted to the contrary or totally ignored implementing IG recommendations.
7.2.7 Inadequate capacity to carry out forensic and complex Investigations
The face of corruption is ever changing in Uganda. Most corrupt public officials now use sophisticated approach to indulge in corruption, fraud and other malpractices. With this changing approach there is need for continuous training and better equipment for the IG investigative and prosecution staff to be more effective. The challenge is how this can be achieved, given the problem of inadequate funding.
7.2.8 Poor documentation and Record Keeping in Government Institutions
Most government entities lack computerized Management Information System. Records are stored in forms which are not easy to access, retrieve and disseminate to the end users. Because of the poor storage and management of records, conclusion of investigations, prosecutions and verification of the leaders’ declarations cannot be done expeditiously.
7.2.9 Loopholes in the existing Legal Framework
Loopholes in the existing Legal Framework such as the absence of a Leadership Code Tribunal as pre-scribed under Chapter 14, article 235A of the Constitution and the absence of regulations to establish rules of procedure under the IG Act, and the Leadership Code Act 2002, affect the enforcement of IG recommendations against leaders who are found in breach of the Leadership Code of Conduct.
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44 REPORT TO PARLIAMENT JULY – DECEMBER 2013
7.3 FUTURE PLANS
7.3.1 Strengthen the capacity of the Regional Offices
The Inspectorate of Government will continue with the strategy of strengthening its Regional Offices by recruiting additional staff, procuring vehicles, office equipment and increasing allocation of funds for operational expenses. The IG is targeting to have a minimum of five (5) technical officers, two (2) func-tional office vehicles and operational funds of at least Shs.10 million per Regional Office every month. With this intervention, service delivery at decentralized level is expected to systematically improve.
7.3.2 Strengthen the capacity to effectively investigate and prosecute cases
Capacity building is a continuous process that cannot be achieved through one time intervention. IG will, therefore, maintain close collaboration with Government, development partners, anti-corruption agencies, ombudsman associations and other institutions to provide tailor made training and exposure visits for its team of investigators and prosecutors. This intervention will focus on enhancing the capac-ity of the IG staff to efficiently and effectively investigate and prosecute cases.
7.3.3 Increased Monitoring of Development Programmes.
The Inspectorate of Government has established a Division for Project Monitoring. The Division has been established in response to increasing demand by Government and Development Partners to have the IG directly involved in the monitoring and supervision of the Implementation of development proj-ects. Currently, programmes such as PRDP, UPPETT, and USMID have entered in partnership with IG to undertake monitoring and supervision. The Division’s primary objective will be to follow-up and make progressive reports, recommend and enforce corrective actions for performance improvement.
7.3.4 Promoting systematic Investigations and policy studies
The Inspectorate of Government receives many individual complaints concerning the same institutions. For example many complaints have been registered against the Ministry of Public Service regarding salary/pension payment and flaws in the procurement and recruitment processes by MDAs. While re-sponding to these complaints, the IG has been sanctioning individual investigations. The IG is now em-phasizing systematic investigations and policy studies as opposed to handling individual complaints.
7.3.5 Promoting Strategic Partnership with other Anti-Corruption Agencies and Oversight Institutions
The fight against corruption cannot be achieved by the Inspectorate of Government alone but through effective collaboration and networking with other anti-corruption agencies and oversight institutions. IG, therefore, intends to form a new collaboration fora which in future will strengthen the existing ones.
7.4 RECOMMENDATIONS
In the above section, the IG identified a number of constraints which are limiting its capacity to effec-tively fight corruption in public offices and promote the rule of law. In order to overcome the above stated constraints, the following recommendations are hereby submitted to Parliament and the Exec-utive.
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45REPORT TO PARLIAMENT JULY – DECEMBER 2013
7.4.1 Expedite the establishment of Leadership Code Tribunal and Amendment of the IG Act to grant the IG Corporate status
Without the Leadership Code Tribunal, the IG cannot effectively implement its mandate of enforcing the Leadership Code of Conduct. Though the leaders are declaring their incomes, assets and liabilities as required by law, the absence of the Tribunal has made it difficult for IG to take appropriate actions against leaders who either fail to declare, under declare or cannot provide adequate accountability for their wealth. The IG therefore requests the Executive and Parliament to expedite the process of estab-lishing the Leadership Code Tribunal and amend the IG Act 2002 to grant IG corporate status.
7.4.2 Discuss IG Reports and provide feedback for improved performance
Article 231(5) of the Constitution provides for Parliament to debate IG Reports and make recommen-dations on the issues raised. However, the IG has not received any feedback from Parliament and the Executive on the reports issued. The IG therefore urges Parliament to debate the reports and provide appropriate feedback for improved performance.
7.4.3 Increase funding to the Inspectorate of Government
Allocation of funds to the Inspectorate of Government for Financial Year 2014/15 was maintained at the same level of the previous Financial Year 2013/14. Given that these resources were not sufficient to en-able Inspectorate of Government effectively carry out its mandate, IG therefore requests for additional funding of at least Shs.4billion to effectively carry out its mandate of eliminating corruption.
7.4.4 Construction of the IG Head Office
Over the last Financial Years, the Inspectorate of Government has been soliciting for funding for con-struction of its Head Office from both Government and Development Partners. However despite all these undertakings, IG has not identified any funding source. The IG therefore request Government to provide funding for construction of its Head Office.
7.4.5 Strengthen the Urban Planning Function
This sector is faced with majorly two challenges; lack of structural Plans for most of the Urban Centres and poor enforcement of development in planned areas. Given the above challenges, the Inspectorate of Government is not able to timely trace and verify assets declared by Leaders. The Inspectorate of Government, therefore, recommends to Government to prioritize Physical Planning and enforce imple-mentation of the existing plans.
7.4.6 Improvement of record management
Government through its ministries, departments and agencies must cultivate a culture of record keep-ing and maintenance and provide its MDAs with necessary tools to ensure this is done.
INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG
RECOMMENDATIONS
APPENDIX
46
A
INSPECTORATE OF GOVERNMENT
47REPORT TO PARLIAMENT JULY – DECEMBER 2013
TABLE IX: INSTITUTIONS AND ACTION OFFICERS THAT HAVE NOT IMPLEMENTED IG RECOMMENDATIONS
S/No. Ref. No. Subject Matter Recommendations Action taken
1.
HQT/70/9/11 Alleged diversion of Shs.15m/= by the Town Clerk, Head of Finance and Town Engineer Kaabong Town Council.
Mr. Loluk Fidelis to be submitted to DSC for appropriate disciplinary action for faulting LGPPDA Regulation 117(4 & 5) and recommend the termination of the contract of M/s Dodoth Legends for failure to perform the contract within the agreed time.
No action taken
2.
TOR/CF/16/09 Alleged inflated costs for various projects under the Peace Recovery and Development Plan by Bududa District officials.
The CAO was directed to submit Mr. Wolumeli Simon Peter, Bududa District Planner to DSC for appropriate disciplinary action.
No action taken
3.
TOR/CF/15/10TOR/02/08/10
Alleged illegal extension of power to the District Water Office by the Ag. District Engineer, Bududa District.
The District Engineer to be dismissed by DSC.
Umeme to be guided on how to formalize and regularize the connection of electricity to the water office.
No action taken
4.
TOR/02/03/11 Alleged conflict of interest by Wakooli Patrick Boris, Senior Accountant, Bududa District.
CAO Bududa to submit Mr. Wakooli Boris to Bududa DSC for dismissal for violating section 20(2) of the Local Government (PPDA) Regulations 2006.
No action taken
5.
JNJ/CF/46/2003 Alleged existence of ghost teachers, forgery of appointment letter and payment of inflated salaries to teachers of Mayuge District.
The report was issued in 2010 recommending recovery of over 123,000,000/= from a number of individuals.
No action taken
6.
JNJ/CF/24/2008 Alleged irregular recruitment of staff by Namutumba DSC and mishandling of related commission work by the Chairman and Secretary DSC.
The report was issued in November 2008 with the recommendations to have some appointments rescinded
No action taken
7.ARU/CF/34/2005 Alleged non accountability
of funds by Moyo district officials.
Report issued on 11/2/2009 that funds be recovered by CAO Moyo from various officials.
No action taken
8.
ARU/CF/29/2007 Alleged embezzlement of district funds through the hiring of Moyo district Plant by the Ag. District Engineer and the CAO
Report issued on 8/1/2009. The mismanaged funds to be recovered.
No action taken
9.
ARU/CF/38/2007 Alleged non-payment of salary arrears, salary increments and pension for voluntary retired civil servants of Moyo District Local Government by the District Administration.
Report issued on 2/9/2008. That unpaid salary arrears to a total of 16 former district employees be effected by the Ministry of Public Service.
No action taken
10.
ARU/CF/14/2008 Alleged irregularities in the recruitment of the CFO Moyo and diversion of funds in Moyo District.
Report issued on 17/06/2008. The diverted conditional grant funds amounting to Shs.72 million be remitted to Treasury, Ministry of Finance.
No action taken
11.
TS/142/2007 PAF inspection and monitoring in Moyo district for the period July 2005- June 2006
Report issued on 04/04/2008. The funds to be recovered from various officials.
No action taken
47
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48 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/No. Ref. No. Subject Matter Recommendations Action taken
12.
MOY/01/05/2011 Alleged failure to issue certificates to the former students of Moyo Technical Institute.
A total of 50 former students of the Institute who sat UNEB Exams in 1999 were not issued certificates.
No action taken
13.
ARU/CF/39/2007 Alleged mismanagement of funds for Moyo Town Council Urban Water by Mr. Tabu Job (A/CAO).
Report issued on 21/07/2009. Mr. Tabu Job has not paid to the IG Asset Recovery Account the Shs.6.7muillion he was directed to refund.
No action taken
14.
FP/CF/14/08 Report on the Alleged existence of ghost teachers on the payroll for Kyarubingo technical School in Kamwenge District.
Report issued on 18-09-09 that:
i) PS should have the following persons deleted from the government Teachers’ Payroll for Kyarubingo Technical School:
• Atwakiire Amaxon E -4707001575
• Ngasira Geoffrey E -4706008403• Tumuhimbise Ben E -4706006006• Tayebwa Didus E -4707001576
ii) Mr. Turyahikayo Fabiano, Head teacher of St. Joseph technical School, Kyarubingo be referred to the Education Service Commission for appropriate disciplinary action for negligently processing and helping four teachers to access the school’s payroll.
No action taken
15.
FP/CF/09/09 Alleged abuse of office and conflict of interest by the Supervisor of Works of Kabarole District.
Report issued on 20th July 2012. The CAO, Kabarole was directed to submit Mr. Kaihura Herbert, the Supervisor of Works Kabarole, to the DSC for dismissal from service.
No action taken
16.
FP/CF/03/10 Alleged irregular recruitment of a Senior Procurement Officer by Kasese District Service Commission.
Issued on 3/9/2010. It was directed that the appointment of Mr. Karuusu Paddy as Senior Procurement Officer, Kasese District Local Government be rescinded and the post be publicly re-advertised with three (03) months.
No action taken
17.
FP/CF/07/11 Report on the alleged misuse of public funds by Fort Portal Municipal Council.
Report issued on 16/11/11. The Permanent Secretary, Ministry of Local Government to reprimand the Town clerk of Fort Portal Municipal Council for retaining Mr. Richard Alituha as Ag. Deputy Town clerk without a valid appointment in contravention of the PSC Standing Orders.
The Town Clerk Fort Portal Municipal Council to reprimand and relieve Mr. Richard Alituha of the duties of Ag. Deputy Town Clerk for breach of the procurement and financial and accounting regulations, and for being unqualified for the post.
No action taken
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49REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/No. Ref. No. Subject Matter Recommendations Action taken
18.
FP/08/10/10 Alleged illegal deductions from the salary of Mr. Mwesige Mujuju Richard.
Report issued on 7/8/11 that the CAO Bundibugyo pays the outstanding balance of Shs.32,000,000 to Micro Provident (U) Ltd which Bundibugyo District deducted from staff salaries to recover loans on their behalf but was not remitted to Micro Provident Uganda Limited.
Submit Mr. Ndayondi Athanasius, the CFO to the DSC for disciplinary action for diverting money which was deducted from staff salaries to recover loans on their behalf and was not remitted to Micro Provident Uganda Ltd.
No action taken
19.
HQT/04/05/12 Alleged mis-management of NAADS funds for third quarter of the 2011/12 financial year by some officials of Kamwenge District Headquarters.
That CAO Kamwenge submits Mr. Tumwesigye Albert, a Senior Finance Officer to the DSC for appropriate disciplinary action for failing to transfer sh. 150,000,000= to the NAADS account in time.
No action taken
20.
FP/CF/15/11 Alleged Embezzlement and causing financial loss by the Ag. Town Clerk of Katwe-Kabatoro Town Council in Kasese District.
The CAO, Kasese was required to submit Mr. Seezi Muhairwe, the Ag. Town Clerk of Katwe –Kabatoro Town Council to the DSC for appropriate disciplinary action for insubordination, disregarding instructions, interfering with a tender against the lawful interests of a tenderer, neglect of duty, and violation of his obligations as stipulated under the Public Service Act, 2008.
No action taken
21.
HQT/07/07/11 Alleged irregularities in the recruitment of Ms. Tusiime Rose.
Ms Tusiime Rose was directed to refund Shs.8,932,000= be money she irregularly earned in the period when she was away for studies without leave.
No action taken
22.
FP/03/12/09 Alleged neglect of duty and abuse of office at Kasusu Health centre, Fort Portal Municipal Council.
Mr. Kagaba Henry was directed to refund UGX 4,299,192/=, being 50% of the money he earned while in double employment and the two months’ salary he drew from Government after resigning from Government Service.
No action taken
23.
FP/01/11/11: Alleged existence of ghost teachers on the payroll of Kamengo S.S.S. and double employment by some teachers.
Mr. Kabagambe Edmond was directed to refund Shs.41,243,653/= that she irregularly earned when she absconded from duty for five years, and to deposit it on IG asset Recovery A/C No. 003030088000007 in Bank of Uganda.
No action taken
24.
FP/02/04/13 Alleged uttering of false academic documents and double employment by a parish Chief of Isango Sub County.
The CAO, Kasese was directed to submit Mr. Munindo Stephen to the DSC for dismissal for joining service on forged documents
No action taken
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50 REPORT TO PARLIAMENT JULY – DECEMBER 2013
STATISTICAL ANALYSIS AND GRAPHICAL PRESENTATION OF THE IG
ACTIVITIES FOR THE PERIOD JULY – DECEMBER 2013
APPENDIX
50
B
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51REPORT TO PARLIAMENT JULY – DECEMBER 2013
During the period July – December 2013, the Inspectorate of Government had a workload of 6,962 inves-tigations which is 10% more than what it was during the previous period (January – June 2013). A total of 5,382 complaints were brought forward from the previous period and 1,513 were new complaints (including 53 cases that were initiated as a result of reviewing audit reports from the Auditor General). Also during the period, the IG received a total of 181 through SMS Reporting System which was introduced in June 2013. The figure below illustrates how the workload was handled during the reporting period.
Figure 3: Workload July – December 2013
5,382 Complaints Brought Forward
WORKLOAD = 6,962 INVESTIGATIONS
1,513New Complaints
Received
14New verifications of leaders’ declarations
initiated
89Audit Reports reviewed
resulting in 53 investigations
144 (2.1%)Complaints referred to
other agencies
21 (0.3%)Complaints
Rejected
5,952 Complaints &verifications
In progress- 85.5%
822 complaints and 23 verifications
Investigated and Completed - (12.1%)
1,010 (14.5%) Files Concluded.
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52 REPORT TO PARLIAMENT JULY – DECEMBER 2013
Figure 4:Categorization of Complaints Registered by Gender for the period July – December 2013
Male57%
Female8%
Group19%
Anonymous16%
The chart above illustrates that a small percentage (8%) of the complaints were received from women. The majority of the complaints (57%, were received from men and those that came from groups of individuals were 19%. 16% of the complainants did not disclose their identities and were mostly those complaints that were received through the SMS Reporting System.
Figure 5: Comparison of Investigations for the Periods January – June 2013 and July – December 2013
The diagram above shows that the total number of complaints which were investigated and completed in-creased from 712 complaints during the period January – June 2013 to 822 for the period July – December 2013. The increase in the number of cases concluded may be attributed to the increase of technical staff that were recruited during the last reporting period. The complaints that were processed and referred to other institutions reduced from 183 to 144. However, the number of complaints carried forward increased from 5,382 to 5,952 as a result of increased number of complaints that were received during the period especially through the SMS reporting system.
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53REPORT TO PARLIAMENT JULY – DECEMBER 2013
Figure 6:Comparison of the new complaints received and those that were investigated during the period July – December 2013
The graph above shows that the highest number of complaints was received in the month of July 2013 (373 complaints). This was due to the introduction of SMS Reporting System that was launched in June 2013. The highest number of complaints investigated & completed (208 complaints) was in the month of November 2013. The number of complaints investigated and completed is much lower than the complaints received during the period due to the backlog of cases. However, with adoption of the new case management system and training of staff, the speed of investigation completion is expected to improve.
Table X: Trend of the complaints Registered at the Kampala Headquarters and Regional Offices for the years 2001 – December 2013
Year Kampala HQs Regional Offices Total Complaints2001 1566 1728 3294
2002 1347 2121 3468
2003 1328 2198 3526
2004 1060 1859 2919
2005 802 1341 21432006 659 903 15622007 946 1142 2088
2008 1023 751 1774
2009 781 785 1566
2010 941 1141 20822011 1135 1234 23692012 1210 1365 25752013 1581 1295 2876
As seen from the above table, the trend of complaints has not followed a particular pattern. The lowest num-ber of complaints were registered in 2006 (1562) but since then there has been an upward trend of com-plaints registered especially those that are registered at Regional Offices.
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54 REPORT TO PARLIAMENT JULY – DECEMBER 2013
Table XI: Trend of the complaints investigated and completed at the Kampala Headquarters and Regional Offices for the years 2001 – December 2013
Period/Year Kampala HQs Regional Offices Total Complaints
2001 1112 1178 2,290
2002 787 1320 2,107
2003 806 1450 2,256
2004 543 994 1,537
2005 512 1312 1,824
2006 187 1287 1,474
2007 362 1681 2,043
2008 333 1056 1,389
2009 245 586 831
2010 320 866 1,186
2011 552 978 1,530
2012 618 961 1,579
2013 791 784 1,575
The table above shows that, the Inspectorate of Government investigates and completes on average 1000 – 2000 complaints each year. The number of complaints investigated and completed were notably low in 2009 (831) due to the fact that during that time the institution did not have a substantive IGG, but since then the investigations completed have gradually been increasing despite the complex nature of complaints handled.
S/No District Number of Complaints Percentage
1. Kampala 377 24.9%
2. Arua 78 5.2%
3. Lira 41 2.7%
4. Gulu 40 2.6%
5. Mbarara 37 2.4%
6. Jinja 33 2.2%
7. Sembabule 33 2.2%
8. Kasese 25 1.7%
9. Amolatar 24 1.6%
10. Mbale 24 1.6%
11. Hoima 21 1.4%
12. Wakiso 21 1.4%
13. Kabarole 20 1.3%
14. Masaka 20 1.3%
15. Soroti 20 1.3%
16. Masindi 19 1.3%
17. Iganga 17 1.1%
18. Koboko 16 1.1%
19. Kabale 15 1.0%
20. Kitgum 15 1.0%
S/No District Number of Complaints Percentage
21. Moyo 15 1.0%
22. Mubende 14 0.9%
23. Mukono 14 0.9%
24. Ntungamo 14 0.9%
25. Alebtong 12 0.8%
26. Busia 12 0.8%
27. Mpigi 12 0.8%
28. Ngora 12 0.8%
29. Bundibugyo 11 0.7%
30. Ibanda 11 0.7%
31. Isingiro 11 0.7%
32. Kiboga 11 0.7%
33. Kisoro 11 0.7%
34. Kole 11 0.7%
35. Kyankwanzi 11 0.7%
36. Mayuge 11 0.7%
37. Moroto 11 0.7%
38. Apac 10 0.7%
39. Kapchorwa 10 0.7%
40. Lamwo 10 0.7%
Table XII: Complaints received according to the districts for the period July - December 2013
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55REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/No District Number of Complaints Percentage
41. Mityana 10 0.7%
42. Rakai 10 0.7%
43. Serere 10 0.7%
44. Tororo 10 0.7%
45. Amuria 9 0.6%
46. Bukedea 9 0.6%
47. Kaberamaido 9 0.6%
48. Kamuli 9 0.6%
49. Katakwi 9 0.6%
50. Kiruhura 9 0.6%
51. Kyenjojo 9 0.6%
52. Nakapiripirit 9 0.6%
53. Nakaseke 9 0.6%
54. Zombo 9 0.6%
55. Kamwenge 8 0.5%
56. Luwero 8 0.5%
57. Lwengo 8 0.5%
58. Mitoma 8 0.5%
59. Nebbi 8 0.5%
60. Pader 8 0.5%
61. Pallisa 8 0.5%
62. Amuru 7 0.5%
63. Bugiri 7 0.5%
64. Buliisa 7 0.5%
65. Nwoya 7 0.5%
66. Rubirizi 7 0.5%
67. Sironko 7 0.5%
68. Bulambuli 6 0.4%
69. Buikwe 6 0.4%
70. Bushenyi 6 0.4%
71. Buyende 6 0.4%
72. Kalungu 6 0.4%
73. Kanungu 6 0.4%
74. Luuka 6 0.4%
75. Oyam 6 0.4%
76. Kaliro 5 0.3%
S/No District Number of Complaints Percentage
77. Kibaale 5 0.3%
78. Kween 5 0.3%
79. Nakasongola 5 0.3%
80. Yumbe 5 0.3%
81. Bukwo 4 0.3%
82. Kaabong 4 0.3%
83. Kotido 4 0.3%
84. Kumi 4 0.3%
85. Namutumba 4 0.3%
86. Ntoroko 4 0.3%
87. Rukungiri 4 0.3%
88. Abim 3 0.2%
89. Adjumani 3 0.2%
90. Amudat 3 0.2%
91. Bududa 3 0.2%
92. Kayunga 3 0.2%
93. Kiryandongo 3 0.2%
94. Lyantonde 3 0.2%
95. Manafwa 3 0.2%
96. Napak 3 0.2%
97. Sheema 3 0.2%
98. Agago 2 0.1%
99. Buhweju 2 0.1%
100. Bukoman-simbi 2 0.1%
101. Buvuma 2 0.1%
102. Gomba 2 0.1%
103. Kalangala 2 0.1%
104. Kibuku 2 0.1%
105. Kyegegwa 2 0.1%
106. Maracha 2 0.1%
107. Otuke 2 0.1%
108. Budaka 1 0.1%
109. Butaleja 1 0.1%
110. Dokolo 1 0.1%
111. Namayingo 1 0.1%
Total 1513 100.0%
The table above shows that most of the complaints (24.9%) originate from Kampala and this has been the case even for the previous reporting periods. This is mainly attributed to its central location and the fact that most of the government departments which the public complain about are located in Kampala. Other notable districts with high number of complaints during this reporting period are Arua, Lira, Gulu and Mbarara mainly because of easy accessibility as these districts host Regional Inspectorate offices.
INSPECTORATE OF GOVERNMENT
56 REPORT TO PARLIAMENT JULY – DECEMBER 2013
Table XIII: The Nature of complaints Investigated and completed during the period July – De-cember 2013
Nature of Complaints Number Percentage
Corruption Complaints
Abuse of office 149 18.1%
Corruption 86 10.5%
Misappropriation 62 7.5%
Forgery& uttering of false documents 59 7.2%
Embezzlement 56 6.8%
Audit Queries 37 4.5%
Bribery 34 4.1%
Conflict of interest 31 3.8%
False Claims 21 2.6%
Extortion 10 1.2%
Sub Total 545 66.3%
Ombudsman Complaints
Mismanagement 70 8.5%
Non payment of salaries and other benefits 68 8.3%
Property Disputes 37 4.5%
Delay of service delivery 32 3.9%
Tenders & Contracts 25 3.0%
Victimization/ oppression 18 2.2%
others 4 0.5%
Sub Total 254 30.9%
Leadership code complaints
Failure to declare& amassing wealth 23 2.8%
Sub Total 23 2.8%
Total 822 100.0%
As indicated in the table above, abuse of office/ authority is the highest category of the complaints inves-tigated and completed by the Inspectorate of Government. During the period July – December 2013 it ac-counted for 18.1% of the total number of complaints investigated and completed while during the previous period January – June 2013, it was slightly lower at 12.31%.
Of the ombudsman’s complaints, mismanagement of public affairs and nonpayment of salaries & other benefits form majority of the complaints that were investigated and completed comprising of 8.5% and 8.3% respectively.
INSPECTORATE OF GOVERNMENT
57REPORT TO PARLIAMENT JULY – DECEMBER 2013
Table XIV: Departments/Institutions complained against during the period July – December 2013
S/N DEPARTMENT Kampala Hqts
Regional Offices
Total Complaints % age
1. District Administration 106 135 241 15.9%
2. Individuals (Public officials) 126 115 241 15.9%
3. Municipal & Town Councils 74 65 139 9.2%
4. Police 61 55 116 7.7%
5. Head Teachers (Primary & Secondary schools) 49 54 103 6.8%
6. Judiciary 20 333 53 3.5%
7. Ministry of Public Service 27 18 45 3.0%
8. Private companies /Organizations 12 31 43 2.8%
9. District Service Commissions 17 19 36 2.4%
10. Sub county Chiefs 7 27 34 2.2%
11. Tertiary Institutions 24 9 33 2.2%
12. Lands Office 18 9 27 1.8%
13. Hospitals & health centres 17 4 21 1.4%
14. Local Councils 10 10 20 1.3%
15. Colleges/institutes 13 6 19 1.3%
16. Others (e.g. audit queries) 11 8 19 1.3%
17. Contract committees 8 9 17 1.1%
18. UNRA 15 1 16 1.1%
19. Land Board 12 1 13 0.9%
20. NUSAF 4 9 13 0.9%
21. NAADS 6 4 10 0.7%
22. District Engineers 2 7 9 0.6%
23. KCCA 8 0 8 0.5%
24. Administrator General 8 0 8 0.5%
25. DEOs 1 7 8 0.5%
26. Electoral Commission 6 2 8 0.5%
27. Banks 8 0 8 0.5%
28. URA 6 1 7 0.5%
29. Ministry of Health 5 2 7 0.5%
30. DPP 4 3 7 0.5%
31. Ministry of Education 6 0 6 0.4%
32. Uganda Land Commission 6 0 6 0.4%
33. Ministry of finance 6 0 6 0.4%
34. ISO & UPDF 4 1 5 0.3%
35. Inspectorate of Government 5 0 5 0.3%
36. Ministry of Works 4 1 5 0.3%
37. Ministry of Lands 5 0 5 0.3%
38. Ministry of Energy 4 0 4 0.3%
39. Resident State Attorneys 2 2 4 0.3%
40. Fisheries Department 4 0 4 0.3%
41. Public Service Commission 4 0 4 0.3%
INSPECTORATE OF GOVERNMENT
58 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N DEPARTMENT Kampala Hqts
Regional Offices
Total Complaints % age
42. Ministry of Internal Affairs 4 0 4 0.3%
43. UETCL 4 0 4 0.3%44. UNBS 4 0 4 0.3%45. UNEB 4 0 4 0.3%46. Prisons 2 1 3 0.2%47. Labour Office 2 1 3 0.2%48. NHCC 3 0 3 0.2%49. Ministry of Water and Environment 3 0 3 0.2%50. NFA 3 0 3 0.2%51. Ministry of Gender 3 0 3 0.2%52. RDCs 3 0 3 0.2%53. OPM 2 0 2 0.1%54. Education Service Commission 2 0 2 0.1%55. CAA 2 0 2 0.1%56. NPA 2 0 2 0.1%57. Uganda Railways Corp 2 0 2 0.1%58. Ministry of Local Government 1 1 2 0.1%59. NGOs 2 0 2 0.1%60. MPs 2 0 2 0.1%61. UBC 2 0 2 0.1%62. Health Service Commission 2 0 2 0.1%63. UPPC 2 0 2 0.1%64. UMEME 1 1 2 0.1%65. DPACB 1 0 1 0.1%66. Privatization Unit 1 0 1 0.1%67. UHRC 1 0 1 0.1%68. National Council of Sports 1 0 1 0.1%69. NARO 1 0 1 0.1%70. Law Council 1 0 1 0.1%71. Ministry of Tourism 1 0 1 0.1%72. National Curriculum Development Center 1 0 1 0.1%73. National Council for Higher Education 1 0 1 0.1%74. Judicial Service Commission 1 0 1 0.1%75. UWA 1 0 1 0.1%76. Cooperatives 0 1 1 0.1%77. New Vision & Printing Corporation 1 0 1 0.1%
Total 860 653 1,513 100.0%
INSPECTORATE OF GOVERNMENT
59REPORT TO PARLIAMENT JULY – DECEMBER 2013
Figure 7: Functions of the Inspectorate of Government Directorates
DOP DLA DRODEP DLC DOA
-Prosecutions- Civil litigation- Supporting Investigations
- Corruption Investigations in central Government Institutions
- Arrests- Monitoring & Inspection
of Projects
- Coordination of Regional offices
- Investigations in local Governments
-Public Awareness-Production of reports to Parliament & other Publications-Organize training of staff in various skills
- Ombudsman Investigations - Policy& Systems study
-Leadership Code Enforcement-Investigations/ verification of decla-rations
Key:DOP – Directorate of OperationsDEP – Directorate of Education and Prevention of CorruptionDLA - Directorate of Legal Affairs
DRO – Directorate of Regional Offices.DL/C – Directorate of Leadership CodeDOA - Directorate of Ombudsman Affairs
Figure 8: Functions of the Department of Finance and Administration
Figure 9: Function of the IGG/ DIGGs
FINANCE AND ADMINISTRATION
- Recruitment of staff - Procurement of works, goods and services- Facilitation of staff travel (Abroad and within)- Management of staff emoluments, entitlements and welfare- Staff performance appraisal- Preparation of budget and policy statements
- Receipt of complaints - Authorization and supervision of
investigations- Issuing of results or reports of
Investigations- Issuing of Bank Inspection Orders- Issuing of Witness Summons- Issuing of Warrants of Arrests - Authorizing Prosecutions- Issuing Orders/ Directives in the Course
or as a consequence of Investigations.- Authorization of closure of
investigations- Approving the Annual Budgets of the
Inspectorate- Issuing Parliamentary Reports- Participation in Public Awareness
Programmes, meetings, conferences and international events on behalf of IG
IGG/DIGGs
INSPECTORATE OF GOVERNMENT
60 REPORT TO PARLIAMENT JULY – DECEMBER 2013
DOP DLA DRODEP DLC DOA
-Prosecutions- Civil litigation- Supporting Investigations
- Corruption Investigations in central Government Institutions
- Arrests- Monitoring & Inspection
of Projects
- Coordination of Regional offices
- Investigations in local Governments
-Public Awareness-Production of reports to Parliament & other Publications-Organize training of staff in various skills
- Ombudsman Investigations - Policy& Systems study
-Leadership Code Enforcement-Investigations/ verification of decla-rations
Key:DOP – Directorate of OperationsDEP – Directorate of Education and Prevention of CorruptionDLA - Directorate of Legal Affairs
ARRESTS
APPENDIX
60
C
INSPECTORATE OF GOVERNMENT
61REPORT TO PARLIAMENT JULY – DECEMBER 2013
TABLE XV: ARRESTS EFFECTED BETWEEN JULY – DECEMBER 2013
S/N REFERENCE TITLE OF SUSPECT OFFENCE(S)
1. MRT/CF/12/2009Otuya Abraham Emmanuel, former Sub-county NAADS Coordinator, Kapedo Sub-county, Kaabong district.
Abuse of Office, Forgery and Uttering false documents.
2. MRT/CF/12/2009Ochero Simon, Ag. Sub-county Chief, Kapedo Sub-county, Kaabong district.
Abuse of Office, Forgery and Uttering false documents.
3. ARU/08/07/13Asizua Denis, Volunteer Laboratory Assistant, Arua Regional Referral Hospital.
Corruptly soliciting for and receiving a gratification.
4. ARU/08/07/13Alioni Hillary, Volunteer Laboratory Assistant, Arua Regional Referral Hospital.
Corruptly soliciting for and receiving a gratification.
5. ARU/02/05/13 Aziku Gad, District Surveyor, Arua district.Corruptly soliciting for and receiving a gratification.
6. HQT/4/01/2013 Patricia Ojangole, Chief Executive Officer, UDBLVictimization of a Whistle Blower.
7. HQT/4/01/2013Andrew Mulubya, Director Management Information Systems, UDBL.
Victimization of a Whistle Blower.
8. HQT/4/01/2013Daniel Kaggwa, Director Finance and Administration, UDBL.
Victimization of a Whistle Blower.
9. HQT/06/03/2013Ssemakula John Baptist, Assistant Commissioner Hu-man Resources, Mulago National Referral Hospital.
Disobedience of Lawful Orders.
10. MBR/10/07/2013Kahangire Simei, Court Clerk, Bwizibwera Magistrate’s Court.
Corruptly soliciting for and receiving a gratification.
11. HQT/02/08/2013Perry Muhumuza, Grade II Magistrate, Kibibi Magis-trate’s Court.
Corruptly soliciting for and receiving a gratification.
12. HQT/02/08/2013Nakawesa Saidat, Court Clerk, Kibibi Magistrate’s Court.
Corruptly soliciting for and receiving a gratification.
13. HQT/02/08/2013Nakamanya Christine, Office Attendant, Kibibi Magis-trate’s Court.
Corruptly soliciting for and receiving a gratification.
14. MBL/06/07/2013Mungoma Patrick, Court Process Server, Pallisa Chief Magistrate’s Court.
Corruptly soliciting for and receiving a gratification.
15. HQT/17/09/2013Osongol Sam, Court Clerk, LDC Magistrate’s Court, Kampala.
Corruptly soliciting for and receiving a gratification.
16. HQT/17/09/2013 Alal Gloria, Student at LDC, Kampala.Corruptly soliciting for and receiving a gratification.
17. SRT/08/09/2013Aguti Juliet Margaret, Clerk/Court Process Server of Serere GII Magistrate’s Court.
Corruptly soliciting for and receiving a gratification.
18. HQT/13/10/2013Nakibuule Lillian, Court Clerk, Kasangati Magistrate’s Court.
Corruptly soliciting for and receiving a gratification.
19. ARU/01/11/2013 Enzama Ernest, Assistant CAO, Maracha District.Corruptly offering a gratifi-cation to IG officials.
20. ARU/02/11/2013 Anguzu Robert, District Physical Planner, Arua district.Corruptly soliciting for and receiving a gratification.
INSPECTORATE OF GOVERNMENT
62 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N REFERENCE TITLE OF SUSPECT OFFENCE(S)
21.GUL/171/2013Warrant of Arrest
Obina Hallan, NUSAF Facilitator, Nwonya district.Forgery and uttering false documents.
22. SRT/18/11/2011Apimo Caroline, alias Titin Hellen, Police Woman attached to Soroti Police Station.
Personation of a person named in a certificate.
23. HQT/39/11/2013Nsimbe Ismail, Chairman Security Link Committee, Kawempe Division and LC III Councilor Bwaise II E, Kawempe Division.
Corruptly soliciting for and receiving a gratification.
24. HQT/98/11/2013No. 56952 PPC Kato Daniel, Police Officer attached to Wandegeya Police Station.
Corruptly soliciting for and receiving a gratification.
25. HQT/42/11/2013Mugisha Fred, State Attorney with DPP’s office Kiboga station.
Corruptly soliciting for and receiving a gratification.
26. ARU/07/03/2012Chothembo Fred, Assistant Clerk, Zombo Town Coun-cil, Zombo district.
Embezzlement and Diver-sion of public resources.
27. HQT/51/12/2013 Aliwaali Kizito, State Attorney attached to LDC Court.Corruptly soliciting for and receiving a gratification.
28. HQT/51/12/2013Ochiru Creshidah Sheila, Secretary RSA’s office, LDC Court.
Corruptly soliciting for and receiving a gratification.
INSPECTORATE OF GOVERNMENT
63REPORT TO PARLIAMENT JULY – DECEMBER 2013
PROSECUTION CASES
APPENDIX
63
D
INSPECTORATE OF GOVERNMENT
64 REPORT TO PARLIAMENT JULY – DECEMBER 2013
TABLE XVI: SUMMARY OF CONCLUDED PROSECUTION CASES DURING THE PERIOD
JULY – DECEMBER 2013
S/N NAME OF ACCUSED COURT REFERENCE
NUMBEROFFENCE COMMITTED OUTCOME
1. Oryem Simon Peter ACD 34/2011 Uttering false documents. Convicted
2.
Ocaya George, Procurement Officer, Kitgum District Local Government.
KT-00-CO-746/2011 Uttering false documents. Convicted
3.Gizibui Sam and Mataka Godfrey
MBA-32-CV-34-2008
Abuse of office, Causing Financial loss, Embezzlement and False Accounting by a public officer.
Acquitted
4.Apimo Carolyne alias Hellen T.
CR-CC-479/12Personating of a person named in a certificate.
Withdrawn
5.Bakera Stephen, Officer in charge of salaries, Jinja Referral Hospital.
JNJ CR 280/2008Causing Financial Loss and Abuse of office.
Acquitted
6.
Obore George, former LC III Chairperson, Malaba Town Council, Tororo, Opolot Phillip, Town Clerk, Malaba Town Council and Samuel Baker Okallany, Deputy Town Clerk, Malaba Town Council.
TOR-CR 106/07Abuse of office, Causing Financial loss and Embezzlement
Withdrawn
7. Ssetuba Habib MBO-CO 633/12 Uttering false documents Convicted
INSPECTORATE OF GOVERNMENT
65REPORT TO PARLIAMENT JULY – DECEMBER 2013
TABLE XVII: ON-GOING PROSECUTION/PENDING CASES BY THE END OF DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
1. Bernard David Wambi Wandera, Ag. Director, East African Civil Aviation Academy, Soroti.
CR Case No. 114/2012
Causing financial loss, abuse of office and em-bezzlement.
2. Rukundo Caleb, Magistrate Grade II, Mbarara Chief Magistrate’s Court.
ACD 119/2012Soliciting and receiving gratification.
3. Matega Aquino, Assistant Law Enforcement Officer, Masaka Municipal Council.
ACD 0098/2012Soliciting and receiving gratification.
4. Det AIP Bonyo Godfrey, Police Officer attached to Kazo Police Station, Kiruhura District.
ACD 110/2012Soliciting and receiving gratification.
5. Osege Erias Emmanuel, Court Clerk, Kaberamaido Magistrate’s Court, Kaberamaido District.
ACD 129/2012Soliciting and receiving gratification.
6. Onen George, Records Assistant, Amuru Local Government.
ACD 109/2012Uttering forged docu-ments and giving false information.
7. Eng. Kitutu Naboya Patrick, District Engineer, Manafwa District.
ACD 106/2012 Causing financial loss.
8. Joseph Walugembe, Executive Director, Uganda National Cultural Centre.
ACD 131/2012Embezzlement, causing financial loss and abuse of office.
9. Muganzi Joshua, Headteacher Karugutu S.S., Ntoroko District and Maduka Assimwe, Chairman Board of Governors, Karugutu S.S.
ACD 124/2012Soliciting and receiving gratification.
10. Okello Louis P’bur, head Civil Engineer, Amuru District.
ACD 121/2012Abuse of office and corruption.
11. Nasembule George, Office Attendant, DPP’s office, Nsangi, Wakiso District.
ACD 0107/2012Soliciting and receiving gratification and imper-sonation.
12. Bamwira John Richard, former Finance Officer, Kampala Central Division, Kampala.
ACD 138/2011Embezzlement and false accounting by a Public Officer.
13. Kafero Edward, Plumber with National Water and Sewerage Corporation, Kampala.
CSC 187/2011Embezzlement and abuse of office.
14. Akankwasa Damian Former Executive Director, NFA and others.
ACD 79/2011Causing financial loss and abuse of office.
15. Akankwasa Damian, former Executive Director, NFA ACD 69/2010 Illicit enrichment.
16. Akankwasa Damian, former Executive Director, NFA.
ACD 70/ 2010 Causing financial loss.
17. Akankwasa Damian Former Executive Director, NFA and others.
ACD 80/2010Causing financial loss and abuse of office.
18. Nestor Machumbi Gasasira, Principal Accountant in Public Service of Uganda.
ACD-CSC-183/2010 Illicit enrichment
INSPECTORATE OF GOVERNMENT
66 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
19. Nabeta Tibiita Joseph, teacher, Kiyagi Primary School, Mukono.
BUG –CR- 382-2006 Embezzlement
20.
Obore George, former LC III Chairperson, Malaba Town Council, Tororo,Opolot Phillip, Town Clerk, Malaba Town Council and Samuel Baker Okallany, Deputy Town Clerk, Malaba Town Council.
CR. SC 211/2011Abuse of Office, Causing Financial Loss, Embez-zlement.
21. Maliisa Ziphora, Principal Personnel Officer, Abim District.
ACD 06/2011Uttering forged docu-ments.
22. Kasiko Pelda, Senior Accounts Assistant, Jinja Municipal Council.
CR 066/2011Embezzlement, Causing Financial loss and Abuse of office.
23. Bufumbo Moses, Headteacher Namulonge Primary School, Mpigi District.
NK-CR- 71-2004Causing financial loss, Abuse of office and mak-ing false claims.
24.
Odoch Willy, Businessman/Supplier Agent of ODFA Holdings Ltd, Odongo Okino the Financial Controller the Northern Uganda Reconstruction Programme and Martin Gwokto, former Chief Administrative Officer, Arua District.
BUG- CR-792-1999
Abuse of office, Causing financial loss, obtaining money by false pretence, forgery of documents and uttering false docu-ments.
25.
Muwonge Andrew, Secretary, Eflance Kiwanuka, Ag, Secretary David Ssalango Kanakulya, Head of Finance, Sebunya Herbert, Internal Auditor, Suzan Wanume, Senior Assistant Electoral Officer and Aida Nankumba, Assistant Electoral Officer all former employees of the Uganda Electoral Commission.
BUG-CR-1695-2001Causing financial loss and Abuse of office.
26. Mutesasira John Drink Water, Assistant Engineer, Bombo Town Council.
ACD-CSC-14/2011Abuse of office, False Accounting by Public Officer.
27. Christopher Odongo (four Files)Advisor RALNUCDANIDA
ACD 135/2010ACD 136/2010ACD 137/2010ACD 130/2010
Causing Financial loss and Embezzlement.
28. Mutesasira John Drink Water, Assistant Engineer Bombo Town Council.
ACD-CSC- 13/2011
Abuse of office, Em-bezzlement and False Accounting by Public Officer.
29. Nulu Nantume, former Internal Auditor Bombo Town Council.
ACD 32/2011Causing Financial Loss and Abuse of office.
INSPECTORATE OF GOVERNMENT
67REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
30. Michael Kakonge, Overseer/ Foreman of Jinja Municipal Council, Jinja Local Government.
CSC 103/2011Embezzlement and False Accounting.
31. Wamuzibira DathanMunicipal Engineer, Jinja Municipal Council, Jinja District.
CSC 105/2011Embezzlement and False Accounting.
32. Ocen George Albert, Town Clerk, Kitgum Town Council.
CSC 116/2011 Abuse of office.
33. No. 23146 Cpl Rajah John Bosco, Police Officer attached to Masaka Police Station.
129/2011Corruptly soliciting for and receiving a gratifi-cation.
34. Ssemambo Stephen, Director of General Construction and Maintenance Company Ltd, Kampala.
BUG. RD. 762/2011
False Statements by officials of companies
Uttering false docu-ments.
35. Angel Monica Kabasumbi, Office Typist/Secretary, Fort Portal Municipal Council.
FP CR.CA 634/2011Uttering a false doc-ument, giving false infor-mation.
36.
Odok Peter W’oceng, former Chairperson, Pader District Local Government.
Etot Paul Peter, Managing Director, M/s Rising Star Transporters Ltd.
Otai Peter, formerly CAO, Pader.
CSC No. 197/2011Causing financial loss,Abuse of office, Conspir-acy to defraud.
37. Afaro Gilbert, a resident of Seme A, Buhasaba Parish, Buhehe Sub-County, Busia.
BUG. RD. CR. CA 1041/2011
Obtaining goods by false pretense
Uttering false docu-ments
38. Irumba Mbabali Ancletus, Senior Town Engineer, Hoima Municipal Council.
CSC 207/2011Causing financial lossAbuse of office.
39. Lt. Santos Okot Lapolo, RDC Kitgum District. CSC 200/2011
EmbezzlementAbuse of office
40. Karakire Stephen, Grade II Magistrate, Lyantonde Magistrate’s Court.
CSC 217/2011 Corruptly soliciting for and receiving a gratifi-cation.
41. No. 26948 D/CPL Tumusiime Daniel, Police Officer attached to Bushenyi Police Station and No. 26288 D/SGT Mujuni Julius, Police Officer attached to Bushenyi Police Station, Bushenyi District.
CSC. 223/2011Corruptly soliciting for and receiving a gratifi-cation.
INSPECTORATE OF GOVERNMENT
68 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
42. Saazi George, former Town Treasurer, Njeru Town Council. ACD-CSC-81/2012
Embezzlement, Abuse of office and false accounting by a public official.
43. Tumusiime Timothy, Volunteer National Community Service Programme attached to Mbarara Magistrate Court.
ACD/CSC/017/2012Corruptly soliciting for and receiving a gratifi-cation.
44. Bamulutira Edward, State Attorney Arua DPP’s Office.
CSC 0076/2012Corruptly soliciting for and receiving a gratifi-cation.
45. Byamukama Simon, Forest Ranger, Kyegegwa District Local Government & Ayesiga Sulaiman, Senior Accounts Assistant, Kyegegwa District Local Government.
ACD-CSC 12/2012FP/CC/04/06/11
Embezzlement, abuse of office and false account-ing.
46. Kibege Moses, Office Attendant in DPP’s office, Mityana.
ACD-CSC 008/2012Corruptly soliciting for and receiving a gratifi-cation.
47. Ekungu Simon Peter, Sub-County Chief, Ngora Sub-County in Kumi District.
ACD CR CA 19/2011Corruptly soliciting for and receiving a gratifi-cation.
48. Juliet Owor, Nursing Assistant, Nyamalonge Health Centre, Tororo.
TOR CRCASE 193/2012
Uttering false docu-ments.
49. Sagal Simon Lolim, former Vice Chairperson LC V, Nakapiripirit
HCT –ACD-CSC-0050/2012
Abuse of office.
50. Kitsumbire Thembo, member District PAC, Kasese. KAS-00-644/2012
Uttering false docu-ments.
51. Musinguzi B. Levi, Ag. Town Clerk, Kamwenge Town Council and Anor
CSC 0025/2012Causing financial loss and Abuse of office
52. Awili Agnes, District Environment Officer, Abim District.
CR 0185/12Uttering false docu-ments
53. Onegi Obel, former Chairman Board of Directors NSSF, Leonard Mpuuma, former Managing Director, National Social Security Fund.
ACD-CSC-153-2010
Causing financial loss, Abuse of office and corruption.NB: Prosecution was stayed pending deter-mination of a constitu-tional reference which is yet to be heard by the Constitutional Court.
54. Tumushangye Dismas, District Engineer. ACD-142/2012
Embezzlement and false accounting.
55. Ndigarasa Joseph alias Bakanga Muganyizi, former Headteacher of Kitaihuko Primary School, Kyenjojo District.
CR 531/12Personating a person named in a certificate.
INSPECTORATE OF GOVERNMENT
69REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
56. Anecho Stephen, Ag. Town Clerk, Nebbi Town Council.
ACD-125/2012 Abuse of office
57. Agadribo Milton, teacher, Kinyara Public Primary School.
CR 563/2012Uttering false docu-ments.
58. Mugenyi Bernard, Office Administrator for FDC, Masaka Municipality, Masaka District.
ACD-137/2012 Giving false information.
59. Isabirye Samuel CSC 180/2011
Corruptly soliciting for and receiving a gratifi-cation.
60. Loluk Fidelos Logwe, Town Clerk Kaabong and Narrot Christine, District Councilor Kathile Sub-county, Kaabong District.
ACD-18/2013Abuse of office and corruption 2 (g).
61. Professor Okedi and 7 others ACD-59/2013
Conflict of interest and disobedience of IG orders.
62. Ariko Patrick, CPL attached to Criminal Intelligence Investigations/Department, Lia Customs in Arua District.
ACD-029/2013Soliciting and receiving gratification and extor-tion of money.
63. Otim Andrew Kibwota, Secretary Contracts Committee, Pader District Local Government.
ACD-52/2013Forgery and Abuse of office.
64. Nalubega Sansa, Town Clerk, Bweyale Town Council and Tegras Mugisa, Treasurer, Bweyale Town Council.
ACD-017/2013Causing financial loss and Abuse of office.
65. Malinga Alfred, CAO Amuria, Atai Hellen, Chief Finance Officer, Amuria and Dr. Eumu Silver, District Health Officer.
ACD-21/2013Causing financial loss and Abuse of office.
66. Gafa Deo, Assistant Engineering Officer, Bundibugyo Town Council.
FPT-01-CR-CO-0255-2013
Uttering false docu-ments.
67. Okoli Richard, CAO Oyam District and Omara Hudson, Acting CFO
ACD-36/2013Causing financial loss and Abuse of office.
68. Lulu Francis Selle, former Headteacher of Allere Secondary School, Moyo District.
ACD-68/2013 Abuse of office.
69. Atai Hellen Doreen, Chief Finance Officer, Amuria and Alioki Richard.
ACD-06/2013Abuse of office and Embezzlement.
70. Bukirwa Florence, LC II Secretary Bukasa Parish, Makindye Division
ACD-025/2013Corruptly soliciting for gratification.
71. Lwanga Joseph, Senior Accounts Assistant, Mukono DLG.
ACD-11/2013 Embezzlement.
72. Mugisha Fred, State Attorney, Kiboga office. ACD-843/2013
Corruptly soliciting for gratification.
73. Kato Daniel, PPC No. 56952 attached to Wandegeya Police Station.
CR-CO-BUG-011-13Corruptly soliciting for gratification.
INSPECTORATE OF GOVERNMENT
70 REPORT TO PARLIAMENT JULY – DECEMBER 2013
S/N NAME OF ACCUSEDCOURT REFERENCE NUMBER
OFFENCE COMMITTED
74. Anguzu Robert, Planner Arua District Local Government.
ACD-1213/2013Corruptly soliciting for gratification.
75. Chothembo Fred, Assistant Clerk, Zombo District. NEB-CR-0567/2013
Embezzlement and abuse of office.
76. Nsimbe Ismail, LC III Councilor Bwaise IIE and Chairperson Security Link Committee, Kawempe Division, Kampala District.
NAB-CR-813/2013Corruptly soliciting for and receiving gratifica-tion.
77. Obina Hallan, NUSAF Facilitator, Nwoya, Amuru District.
CO-OO-GUL-171-2013
Uttering false docu-ments.
78. Otuya Abraham Emmanuel, NAADs Coordinator, Kapedo Sub-county and Ochero Simon, Acting Sub-county Chief, Kapedo Sub-county.
ACD-078/2013Forgery, uttering false documents and abuse of office.
79.
Enen Okello Richard, Acting District Engineer of Lira District, Adem Morris, Stores Assistant, Lira District, Otim Jane, Managing Director, Seasons Enterprises Ltd and Ojok Ambrose, Director Seasons Enterprises Ltd.
ACD-87/2013Causing financial loss and abuse of office.
80. Sam Songol, Court Clerk/Office Supervisor, LDC. ACD-003/2013
Soliciting and receiving gratification.
81. Napok Paulus Matembu, Examiner of Accounts, Manafwa District.
TOR-CR-CO—0318/2013
Uttering false docu-ments.
82. Patricia Ojangole, Executive Director UDB.
BUG-CR-657/2013ACD-1/2014
Victimization of whis-tleblower.
NB: Christopher Odongo has four cases (refer to 27 in table above)
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TABLE XVIII: CRIMINAL APPEALS BY THE END OF DECEMBER 2013
S/N NAME OF APPELLANT
NAME OF RESPONDENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMITTED
1. Bagarukayo Charles Uganda (IG) Acquitted in court of first instance, convict-ed on all counts on appeal, he appealed against the conviction to Court of Appeal.
COA-CA-80/2013
Abuse of office and causing finan-cial loss.
2. David Chandi JamwaMD NSSF
Uganda(IG) Convicted by the Trial court, filled appeal in Court of Appeal.
Appeal No. 77/2011
Causing financial loss, abuse of office &embezzle-ment
3. Uganda Salwa Sadat Acquitted by Trial Court.
HCT- GUL –CR App- 1/2012
Uttering false documents.
4. Bongomin Richard Akal, District Plan-ner, Pader
Uganda(IG) Convicted by Trial Court, conviction upheld by High Court, appellant filed an appeal in Court of Appeal.
COA Criminal Appeal No. 96/2011
Embezzlement, Abuse of office, False account-ing, Forgery and Uttering false document.
5. Gashenyi John Wy-cliffe, Former Town Clerk Kiboga.
Uganda(IG) Convicted by Trial Court, conviction upheld by High Court, appellant filed an appeal in Court of Appeal.
COA-CR-APP-240-2010
Abuse of office.
6. Ndifuna Moses, Magistrate GII Mbarara
Uganda(IG) Conviction of the low-er court upheld.
SC-CRA- Corruptly solicit-ing and receiving a bribe.
7. Uganda Lanyero Evelyn Acquitted on appeal, made a further appeal.
HCT- GUL –CR App- 2/2012
Uttering of false document.
8. Cheptuke Kaye David, Magistrate Grade I Kisoro
Uganda(IG) Convicted by the High Court.
SC-CRA- Corruptly solicit-ing and receiving a gratification.
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S/N NAME OF APPELLANT
NAME OF RESPONDENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMITTED
9. Margret Kobus-ingye and Wanyana, Senior Economist/Desk officer in charge of the Water and Sanitation Sector with Ministry of Finance, A2 was a Senior Assistant Engineering Officer with Ministry of Works.
Uganda(IG) Convicted by the Trial Court, appealed to High Court.
COA-CR-30-2008 Abuse of office.
10. Chemisto A.M, Sam-my Nelson, Swami Martin.
Uganda (IG) Convicted by the Trial Court.
COA-CSC- 205-2010
Abuse of office, causing financial loss.
11. M. Mwanja Charles District Prisons Commander, Kasese.
Uganda(IG) Convicted by the Trial Court, Appeal upheld by High Court. He filed a second appeal.
COA CR APPEAL No. 35/2012.
Abuse of office and causing finan-cial loss.
12. Achiga John Chaiga, District Engineer, Moyo
Uganda(IG) Convicted by Trial Court, conviction up-held by High court, ap-pellant filed an appeal in Court of appeal.
COA CRIM APPEAL No. 295/2010
Abuse of office and causing finan-cial loss.
13. Uganda Nahabo Asha Convicted by Trial Court, acquitted by High Court, we filed a second appeal.
COA CRIM Ap-peal No. 4/2012
Uttering false documents.
14. Uganda Waidha Okuku Stephen and another.
Acquitted by Trial Court, Convicted by High Court, Accused filed second appeal.
HCT-00-ACD –CR SC021/2010
Soliciting and receiving a bribe.
15. Eng. Sentumbwe and Eng. Mugisha Shilling
Uganda(IG) Application on wheth-er prosecution of the case should continue was resolved in IGG’s favour.
COA- CA- 32-2005
Corruption, Abuse of office and Con-spiracy to defeat justice.
16. Uganda Eng. Wanjusi Fabian, District
Acquitted by Trial Court.
CR-481-2006 Causing financial loss and convict-ed for Abuse of office.
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S/N NAME OF APPELLANT
NAME OF RESPONDENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMITTED
17. Uganda Eng. P.K. Waiswa, District Engineer, Igan-ga District
Acquitted by Trial Court
CR-482-2006 Causing financial loss and abuse of office.
18. TuryamwesigaVa-nance, District En-gineer, Kabale Local Government.
Uganda(IG) Convicted by Trial Court
CR-APP-494-2006
Causing financial loss and convict-ed for abuse of office.
19. Okello and others – Uganda(IG) Convicted by Trial Court
HCT-ACD- 008-2010
Embezzlement, causing financial loss and abuse of office.
20. Stanley Mugenyi, Principal Staff Surveyor, Mbarara District Land Office
Uganda(IG) Convicted by Trial Court, conviction upheld by High Court, appellant filed an appeal in Court of Appeal.
CR-076-2009 Abuse of office and corruptly soliciting and receiving a gratifi-cation.
21. Sabila Herbert former MP, Tingey, Sammy Nelson, Treasurer Kapchor-wa, Chelimo Nathan
Uganda(IG) Convicted by High Court, he appealed to Court of Appeal.
COA Appeal No. 22/2010
Corruptly offering a bribe to an IG officer.
22. Inziku Paul, Aderu-bo Vincent, Toko Aleni, former Town Clerk, Arua, former CFO and Former Accounts Assistant respectively.
Uganda High Court upheld the conviction by lower court, they appealed to Court of Appeal.
ACD App. 31/2011
Embezzlement, Causing financial loss, Abuse of office
23. Inziku Paul, Aderu-bo Vincent, Toko Aleni, former Town Clerk, Arua, former CFO and former Accounts Assistant respectively.
Uganda High Court upheld the conviction by lower court, they appealed to Court of Appeal.
ACD App. 32/2011
Embezzlement,Causing financial loss, Abuse of office
24. Uganda Captain Mike Mukula, former M<inister of State for Health
Acquitted by High Court on appeal. The state appealed against the acquittal.
COA-CA-10/2013
Causing financial loss and Abuse of office.
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S/N NAME OF APPELLANT
NAME OF RESPONDENT
OUTCOME OF THE PREVIOUS TRIAL
COURT REFERENCE NUMBER
OFFENCE COMMITTED
25. Opolot Johnson and Ojono
Uganda (IG) Conviction of lower court upheld, Opolot filed a second Appeal.
COA-CR. Appeal 89/2012
Causing financial loss, Abuse of office.
26. Ojono Charles Uganda (IG) Conviction of lower court upheld, Opolot filed a second appeal.
COA-CR Appeal-No. 90/2012
Causing financial loss and abuse of office.
27. Adimo Alaba Mark, Head Teacher Kabong S.S.S.
Uganda (IG) Acquittal of lower court overturned and convicted by the High Court. He filed a second appeal.
COA-29/12 Embezzlement and Abuse of Office.
28. Ampumwize Nad, District Planner, Kabale
Uganda (IG) Conviction of lower court upheld by High Court, he filed a sec-ond appeal.
COA-108/2012 Causing Finan-cial loss, false accounting and embezzlement.
29. Uganda Rose Ochom, former CAO Kumi, Johnson Opolot, former Assistant CAO, Charles Okale-bo, former Prin-cipal Accounts Assistant, Amos Stanley Omon-go, former Inter-nal Auditor.
Acquittal by the lower court overturned. Ojambo filed another appeal.
HCT-CR App 6/2012
Abuse of office and causing finan-cial loss.
30. Uganda Gizbui Sam and Mataka Godfrey
Acquittal CRIM APPEAL No. 029/2012
Abuse of office, causing financial loss, Embezzle-ment and false accounting by a public officer.
31. Ocaya George Uganda Convicted KT-00-CO-746/2011
Uttering false documents.
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LITIGATION CASES
APPENDIX
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TABLE XIX: SUMMARY OF ON-GOING CIVIL CASES DURING THE PERIOD JULY – DECEMBER 2013
NO. CASE REF.NO.NAME OF THE PARTIES
CAUSE OF ACTION
1.Miscellaneous cause No. 20/2013
Lutwama Herbert -Vs- IG, Mukono Local Government and Kyambogo University.
Hearing on-going.
2.Miscellaneous cause No. 301/2013
Prime Contractors –Vs- IG and UNRA.
Ruling delivered in favour of IG with costs.
3.Miscellaneous Application No. 147/2013
Ouma Adea –Vs- IG and Attorney General.
Interim Order granted ex-parte by the Registrar and re-instated the applicant in office.
4.Miscellaneous Application No. 146/2013
Ouma Adea –Vs- IG and Attorney General.
Application yet to be heard before the judge.
5Miscellaneous Application No. 0115/2013
IG –Vs- Hajji Edirisa Mutaasa and 4 others and Lyantonde District.
Garnishee Order granted in favour of the IG for UGX 19 million.
6Civil Suit No. 41/2011
Kaboodha Mtwalib –Vs- IG Ruling delivered in favour of IG with costs.
7Civil Suit No. 51/2011
Kaboodha Mtwalib –Vs- IG Ruling delivered in favour of IG with costs.
8HCT-04-CV-CA 0119/2013
IG –Vs- Ouma AdeaIt is an appeal challenging the grant of an ex-parte order and pending a ruling.
9Miscellaneous Application No. 72/2012
Katamba Fred –Vs- IG and Attorney General.
It is taxation reference/appeal hearing. Hearing on-going.
10Constitutional Petition No. 10/2012
Kikondwa Butema Farm Ltd –Vs- Attorney General.
Judgment in favour of the IG actions that countermanded the payment of an extra 1 billion.
11Civil Appeal No. 98/2010
IG –Vs- GasasiraThe issue of costs is still pending determination following withdraw of the appeal by the IG.
12Miscellaneous cause No. 134/2007
Godfrey Lwasa –Vs- IG Submission concluded, pending ruling.
13
Miscellaneous Application No. 380/2013 arising of 301.
Prime Contractors –Vs- IG and UNRA.
It is an application for stay of implementation of the IG recommendation pending the filing of the appeal. Ruling yet to be delivered by the Justices of Appeal.
14Miscellaneous Application No. 0184/2013.
Opolot Phillip Gonzaga and another –Vs- the District Service Commission, Tororo District Local Government and IG.
Application for interim yet to be heard by the Judge.
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15Miscellaneous cause No. 0006/2013
Ouma Adea –Vs- IG and Attorney General.
Application for judicial review yet to be heard.
16Miscellaneous cause No. 0007/2013
Opolot Phillip Gonzaga and another –Vs- the District Service Commission, Tororo Local Government and IG.
Application for judicial review yet to be heard.
17Miscellaneous cause No. 320/2013
Nsamo Amir –Vs- IG. Hearing on-going.
18Civil suit No. 1245/2013
Ankunda Sheila –Vs- IG and Attorney General.
Case withdrawn.
19Miscellaneous cause No. 89/2011
Nassolo Asiat –Vs- Ssembabule District Local Government and IG.
Hearing on-going.
20Civil Appeal No. 66/2012
Hajji Edirisa Mutaasa and 4 others –Vs- IG and Lyantonde District.
Appeal yet to be fixed.
21Miscellaneous cause No. 72/2011
M/S Honey Pot Enterprises Transport Co. Ltd –Vs- IG.
The IG was a successful party and the Bill of costs is awaiting taxation.
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LETTERS OF APPRECIATION
APPENDIX
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JULY – DECEMBER 2013
INSPECTORATE OF
GOVERNMENT
MISSION OF THEINSPECTORATEOF GOVERNMENT
To Promote Good Governance through enhancing Accountability, Transparency; and Enforcement of the Rule of Law and Administrative Justice in Public Offices
INSPECTORATE OF GOVERNMENTJubilee Insurance Centre
Plot 14, Parliament Avenue, P.O. Box 1682 Kampala-Uganda
Tel: 0414 344 219/259 738 (General Line) 0414 347 3876 (Hot Line)
Fax: 0414 344 81 Web: www.igg.go.ug
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