IGG cleared to prosecute Muhwezi

Kampala

Court has cleared the Inspector General of Government to prosecute former Health minister Jim Muhwezi and others accused of misappropriating Shs1.8 billion from the Global Fund Alliance for Vaccine and Immunisation.

Illegal appointment
A panel of five Constitutional judges led by the Deputy Chief Justice Laetitia Mukasa Kikonyogo unanimously ordered that the Constitution gives powers to the IGG to prosecute suspects accused of corruption, abuse of office, forgery and uttering false documents.

The judges, however, said it was illegal for President Museveni to appoint Justice Faith Mwondha, the former IGG to investigate the misappropriation of the money when she had not resigned as a judge. “On the issue of the appointment of Justice Faith Mwondha as IGG, it is our view that the function of the IGG is incompatible with that of the Judiciary therefore the holding of office as IGG was unconstitutional and therefore, void,” the panel’s verdict reads in part.

They said: “However the fact that we have found that Justice Mwondha’s appointment in that office was irregular does not mean that other officers in the IGG’s office cannot carry out the activities in that office. It would therefore be unjustifiable to nullify the investigations conducted concerning misappropriation of the GAVI fund because other officers in that office participated in carrying it out,” the judges ruled.

The order arose from a petition filed by Maj. Gen. Muhwezi, his former deputies Mr Mike Mukula, Dr Alex Kamugisha and a former presidential aide Alice Kaboyo seeking to block their prosecution by the IGG saying the ombudsman lacks powers to do so.

The petitioners claimed the report made by Justice Mwondha recommending their prosecution were invalid since the investigations were made on the directives of President Museveni. They said the Constitution provides for the IGG to act independently and is only answerable to Parliament.