Katosi road scam: Byandala defence hearing flops

Mr Apollo Ssenkeeto (left) with former works and transport minister Abraham Byandala at Anti-corruption court recently. PHOTO BY MICHAEL KAKUMIRIZI

What you need to know:

  • The IGG alleges that Mr Kimeze abused his office when he signed a contract with Eutaw without establishing that there was a valid performance guarantee and issued a payment guarantee which allowed the payment of over Shs24 billion to the detriment of UNRA’s interests.
  • The money (Sh24.7b) was disbursed to Eutaw Construction Company as advance payment for to upgrade the 74km Mukono-Katosi road from gravel to bitumen standard.

KAMPALA. Hearing of defence evidence in the Shs24.7 billion case against former works minister, Abraham Byandala flopped this morning after one of the lawyers failed turn up in the case.
It is alleged that government lost Shs24.7 billion in the botched Mukono-Katosi road project.

Last week, the Kololo based Anti-Corruption Court ordered Mr Byandala to defend himself saying that prosecution presented sufficient evidence against him.
The judge explained that the case is essentially based on documents authored by the suspects and therefore they should explain themselves.

Mr Byandala who was dropped from cabinet in March 2015 is charged jointly with businessman Apolo Senkeeto alias Mark Kalyesubula who was the country representative of Eutaw Construction Company, which is accused of fleecing the UNRA of Shs24.7 billion in the collapsed Katosi road contract.

Other suspects include former UNRA acting Executive Director Eng Berunado Ssebbugga Kimeze, Mr Joe Ssemugooma (former director of finance and administration), Mr Wilberforce Senjako (former regional accountant) and Mr Isaac Mugote (former staff of Housing Finance Bank).

Trial Judge Lawrence Gidudu had fixed October 30 for defence hearing where Mr Senkeeto represented by Mr Peter Mulira was supposed to be the first to give his evidence.
However, Mr David Mpanga, one of the lawyers for the suspects told court that Mr Mulira was still sorting out administrative issues and that he needed some time.

Mr Mulira is one of the lawyers whose law firms were not approved by the Law Council to provide legal services, as required by law.
Justice Gidudu also revealed that he had written to Mr Mulira to explain some illegalities he has been committing in the court but no response has been sent.
Court adjourned the case to tomorrow (Tuesday) for hearing. The Judge also advised the suspects and their lawyers to re-arrange and agree on who should start giving their defence as Mr Senkeeto sorts out issues with his lawyer.

Prosecution case;
Prosecution states that Mr Byandala abused his office while holding the Works ministry by a November 14, 2013 letter, when he directed the immediate signing of the contract between UNRA and Eutaw yet the company lacked capacity to carry out the road works.

The Inspector general of Government, who is prosecuting the case, also states that Byandala in another August 27, 2014 letter further abused his office by ordering the continuation of the works on the Katosi road by Chongqing International Construction Company. The IGG contends that this act also amounted to disobeyed lawful orders by Byandala.

The IGG alleges that Mr Kimeze abused his office when he signed a contract with Eutaw without establishing that there was a valid performance guarantee and issued a payment guarantee which allowed the payment of over Shs24 billion to the detriment of UNRA’s interests.

Mr Kimeze is separately and jointly charged with Mr Semugooma over causing financial loss to the government by approving payment of the Shs24 billion to Eutaw despite glaring defects in the due-diligence report.
Utility:
The money (Sh24.7b) was paid to Eutaw Construction Company as advance payment for to upgrade the 74km Mukono-Katosi road from gravel to bitumen standard.