KAMPALA. The High Court in Kampala is today expected to continue hearing the Shs3.8b fraud case involving the former permanent secretary of the Ministry of Trade, Ms Geraldine Ssali, along with five co-defendants.
According to a hearing notice issued by the High Court, the case will come up before Justice Jane Okuo Kajuga today for mention.
The five co-accused are Igara East MP Michael Mawanda Maranga, Elgon County MP Ignatius Wamakuyu Mudimi, former Busiki County MP Paul Akamba, lawyer Julius Taitankoko Kirya and principal cooperative officer Leonard Kavundira.
Major breakthrough
The development comes days after the Constitutional Court removed a major legal obstacle that had stalled progress of the prosecution.
In a landmark ruling delivered earlier this month, a panel of five Constitutional Court judges declared Section 11(2) of the Human Rights Enforcement Act unconstitutional, holding that courts cannot terminate criminal proceedings and acquit accused persons solely because their non-derogable rights were violated during arrest, detention or investigation.
The justices are Oscar Kihika, Margaret Tibulya, Moses Kawumi Kazibwe, Asa Mugenyi and Musa Ssekaana.
“The Constitution is unequivocal that an acquittal may only ensue upon the conclusion of a trial in which the court has received, scrutinised and evaluated the evidence,” the judges ruled.
The constitutional challenge had arisen from criminal proceedings involving Mr Akamba, who argued that he had been tortured by security operatives and that the alleged violation of his rights entitled him to an acquittal under the contested law.
The court, however, found that the provision undermined the rights of victims and improperly interfered with the criminal justice process.
“The right to a fair hearing is not confined solely to accused persons. Article 28(1) expressly guarantees a fair hearing to ‘a person’ and not merely to ‘an accused’,” the judges held.
The ruling effectively cleared the way for the Anti-Corruption Division of the High Court to proceed with the long-awaited trial. It is alleged that the accused persons participated in a scheme that led to the irregular release and diversion of billions of shillings earmarked for compensation of war-loss claimants.
According to the prosecution, Ms Ssali allegedly abused her office during the 2021/2022 financial year by introducing Buyaka Growers Cooperative Society Limited onto a list of entities eligible for government compensation despite the cooperative not appearing in the approved supplementary budget.
The state further alleges that she authorised payments amounting to Shs3.8b to Kirya and Company Advocates in disregard of established Treasury procedures and financial management regulations. Proceedings have repeatedly stalled since the suspects were committed to the High Court for trial.
Apart from constitutional litigation, the matter also suffered several adjournments arising from procedural applications and scheduling challenges.
The latest setback occurred earlier this month when the hearing failed to take off after state prosecutors were unavailable because they were attending a national prosecution symposium, prompting Justice Kajuga to adjourn the proceedings.
With the Constitutional Court challenge now resolved and all parties formally notified of today’s hearing, attention is expected to shift to the prosecution’s evidence against the six accused persons.
Court records show that the Director of Public Prosecutions intends to pursue charges relating to corruption, causing financial loss, conspiracy to defraud, money laundering and abuse of office.
If the hearing proceeds as scheduled, prosecutors are expected to begin presenting witnesses and documentary evidence aimed at demonstrating how public funds meant for compensation of war victims and cooperatives were allegedly diverted through irregular processes.