The Monitor (Kampala)

Uganda: Mukula Sent to Luzira , Muhwezi Survives Arrest

Kampala — Ex-junior health ministers Mike Mukula and Alex Kamugisha are in jail after security agents arrested them from their city homes early yesterday.

The two men were sent to Luzira Maximum Security Prison until June 6 over their alleged role in the disappearance of part of Shs7.9 billion, a donation to Uganda by the Global Alliance for Vaccines and Immunisation (Gavi).

The former senior Health Minister, Maj. Gen. Jim Muhwezi, escaped arrest as he was reported away in London on medical grounds.

Ms Alice Kaboyo, a former presidential private secretary for youth affairs, was also not picked up for unclear reasons. Her lawyer Bob Kasango, said his client would show up as soon as she is summoned.

All four suspects are charged with abuse of office. Gen. Muhwezi is separately charged with theft and causing financial loss. Also charged separately - but for embezzlement is Capt. Mukula; while charges of abuse of office, theft, uttering false documents and forgery were preferred against Ms Kaboyo.

By end of yesterday, lawyers defending Capt. Mukula and Dr Kamugisha had filed for bail in the High Court. The hearing of the bail application was not fixed. The magistrates court in which they appeared yesterday has no power to grant bail on charges of abuse of office and embezzlement.

The charges

According to the charge sheet, Gen. Muhwezi approved and requisitioned Shs1,071, 255,000 received by the Ministry of Health from Gavi between March 2004 and April 2005 in total disregard of the laws and regulations governing the disbursement of public money.

The retired general is also accused of causing financial loss of Shs774,400,000 from the Gavi account of the Ministry of Health at Citibank Uganda Ltd between March 2004 and May 2005 when he ordered the release of the money to Ms Kaboyo.

Gen. Muhwezi is further accused of embezzling Shs214 million from Gavi. The prosecutors claim that Gen. Muhwezi and Ms Kaboyo committed the offences between February 23 and March 2005 at the general's home in Kololo and at the National Bank of Commerce on Parliament Avenue in Kampala.

Capt. Mukula is on the other hand accused of unlawfully requisitioning and approving use of Shs263,855,000 from Gavi between February 11 and October 28, 2005.

He is jointly accused with Gen. Muhwezi of misappropriating another Shs210 million from Gavi through advocacy conferences purportedly organised by the First Lady's office in Acholi Inn in Gulu and Mt Elgon Hotel in Mbale.

Dr Kamugisha allegedly authorised the release of Shs10,788,750 from Gavi to Dr Aida Nankinga of Sheema North Constituency in Bushenyi purportedly to carry out immunisation sensitisation activities in the area, but the money was never accounted for.

Ms Kaboyo is accused of fraudulently diverting Shs250 million in government money from the Gavi account to her personal use on November 9, 2005.

The arrests

A security force comprising of the army, regular and military police, among others, raided the homes of the three ex-ministers between 6:00 and 9:00 a.m. and whisked Capt. Mukula and Dr Kamugisha to the Criminal Investigations Directorate for interrogation. They spent more than six hours at the CID before being charged in the Buganda Road Chief Magistrates Court.

The arresting force, divided into three groups and wielding automatic weapons, rode in convoys of about 10 patrol pick-up trucks each. One of the teams went to Capt. Mukula's home at Plot 8/10 Luthuli Rise in Bugolobi, the second to Kamugisha's on Entebbe Road, while the third was dispatched to Maj. Gen. Muhwezi's house on Malcolm X Avenue in upscale Kololo.

They barricaded the roads around the former ministers' homes and surrounded the residences before launching searches and later driving off with the suspects. By the end of it all Capt. Mukula and Dr Kamugisha had been arrested.

The officer-in-charge of anti-terrorism activities at CID, Elly Womanya, led a convoy of 13 vehicles, five of which were patrol pick-up trucks, to Capt. Mukula's home. Upon arrival, he announced that the former junior minister was needed at CID headquarters for interrogation, and shortly after that, he was driven away at high speed with sirens blaring.

His lawyers told journalists that their client was held at CID headquarters for more than six hours "without any explanation" and that it was after their protest that his statements were recorded at around 12:05 p.m. The lawyers said the police intended to "delay, inconvenience and embarrass our client in his name and integrity".

In court, Ms Lillian Mwandha, who appeared for the IGG, asked for warrants of arrest to be issued against Gen. Muhwezi and Ms Kaboyo, but the magistrate remained silent on the matter.

Ms Mwandha said the State had not completed investigations in the matter, something that attracted protests from about 12 lawyers appearing for the two ex-ministers.

While in the court's holding cells, a seemingly unruffled Capt. Mukula said he was being "politically persecuted".

Said Capt. Mukula: "I don't know why the military had to be involved in this. Am I Osama bin Laden or Joseph Kony? This is politics. Anyhow, let us battle it out in court."

While at the CID earlier, several opposition and NRM members of Parliament had echoed Capt. Mukula's sentiments. NRM's Henry Banyenzaki (Rubanda West), Chris Baryomunsi (Kinkizi East) and Okot Ogong (Dokolo) said the government was applying justice selectively.

"The war against corruption, which we support, should be total," Mr Ogong said. "There have been so many commissions of inquiry into corruption but the reports by these probes are somewhere gathering dust. The culprits are still at large. Why are we seeing the most recent Gavi report being acted upon?"

Capt. Mukula's lawyers said in a statement: "We condemn in the strongest terms the manner in which our client was arrested. As a political leader, he was undeservedly hounded out of his home as if he was a run away criminal whose guilt had been predetermined."


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