Kamya or Nakalema, who will outshine the other?

Following her defeat in the recent parliamentary elections and appointment as a presidential advisor, Beti Kamya had been consigned to the backbench of political activities but last week, President Museveni appointed her as government ombudsman. Derrick Kiyonga writes that the appointment raises more questions than answers in the fight against corruption.

When the new Cabinet list came out in June, Beti Kamya had been relegated from a ministerial position to being a Senior Presidential Advisor on Lands, effectively consigning her into early retirement.  

“I don’t blame the President at all,” a crestfallen Kamya explained as she tried to stay in the good books of Mr Museveni during an interview with NTV that was done in the aftermath of her rejection.   

“The people of Rubaga participated in the President’s decision not to make me minister because besides needing hardworking people, the President needs votes in Parliament. So it’s not the President but it’s really the voters of Rubaga who didn’t appreciate me,” she said.

Kamya during the interview didn’t point out that although she lost the Rubaga North race in 2016, President Museveni had gone ahead to appoint her, for the first time, as minister of Kampala, and as minister for Lands, in the subsequent reshuffle.

With political oblivion on the horizon, Museveni shocked the country last week when he tapped Kamya to be the Inspector General of Government (IGG) – an office that in theory is meant to take the lead in fighting corruption in public bodies – but had spent a year without being filled casting doubts on its relevance.

By the end of 2019, it was clear that the IGG’s position would be vacant as Justice Irene Mulyagonja, who had been IGG for seven years, was going to the Court of Appeal but Museveni, who within this period has filled the positions of Chief Justice, Deputy Chief Justice, and won another election and came up with another Cabinet; appointed a new Chief of Defence Forces, didn’t find time to get a new ombudsman, sending a clear message to the anti-corruption activists. 

“The fact that it has taken him this long to appoint the IGG,” says Cissy Kagaba, the executive director of Anti-Corruption Coalition Uganda, a not-for-profit organisation that aims is to curb graft, shows you the priority the government has when it comes to fighting corruption because I would have expected this office to have been filled immediately after Lady Justice Mulyagonja left.” 

It was not just about the IGG but also Deputy IGG’s position that became vacant earlier this year when George Bamugemereire left office after completing eight years of service in the inspectorate at the expiry of his second four-year term. This left two vacant top management positions with all the responsibilities resting on Fauzat Mariam Wangadya, the only remaining Deputy IGG. 

Wangadya was last week appointed by President Museveni as the chairperson of Uganda Human Rights Commission, a position which has been vacant for two years following the death of Meddie Ssozi Kaggwa. 

“George Bamugemereire left but we didn’t see any action. Even Wangadya’s contract had had almost run out. It shows that fighting corruption is more of rhetoric because remember the IGG’s office is constitutionally mandated to fight corruption now without it being fully constituted their handicaps. You remember the court held that if the office isn’t fully constituted they can’t prosecute certain cases,” she adds.  

The case Kagaba is referring to is the 2012 Constitutional Court judgment in which government officials – Sam Kutesa (then Foreign Affairs minister), John Nasasira ( then NRM Chief Whip), Mwesigwa Rukutana (then junior minister for Labour) – who were facing graft charges relating to the shabby manner in which Uganda organised the much-hyped 2007 Commonwealth Heads of Government meeting (Chogm) – challenged their trial on grounds that IGG couldn’t prosecute them on charges involving corruption, abuse of authority or of public office under Article 230 of the Constitution when the office is not duly constituted as per Article 223(2) of the Constitution and section 3(2) of the Inspectorate of Government Act to consist of the Inspector General of Government and two Deputy Inspectors General. 

At the time, the IGG’s office was vacant following the refusal of Justice Faith Mwondha to be vetted by Parliament following the renewal of her contract, Rafael Bakku, who was the Deputy IGG, had stepped in the acting role, a loophole that Kutesa, Nasasira and Rukutana took advantage of in the Constitutional Court.     

“We are not persuaded by the submission that the framers of the Constitution intended that the powers vested in the Inspectorate of Government, as a composite entity, we’re also vested in the Inspector General of Government who at the same time is a member of the Inspectorate of Government to be exercised singularly and/or independently of the Inspectorate of Government.  The ultimate result of that would be for the Inspector General of Government to override, at his/her whims the Inspectorate of Government as to the exercise of powers vested into the Inspectorate of Government,” Justices Alice Mpagi Bahigeine, Steven Kavuma, Augustine Nshimye, Stella Arach-Amoko and Remmy Kasule ruled.

“It is clear to us that under the Constitution the foundation of the powers of the Inspector General of Government is the existence of the Inspectorate of Government.  The Inspector general of Government can only carry out the powers vested in that office as such only when the Inspectorate of Government is in place exercising its powers. The Inspector General of Government implements what the Inspectorate of Government has resolved upon.  

“In conclusion on the first issue, our holding is that the Inspectorate of Government must be in existence when fully constituted as provided for in Article 223(1) and (2) of the Constitution and Section 3(2) of the Inspectorate of Government Act to be able to prosecute or cause the prosecution of cases involving corruption, abuse of authority or of public office.”

Though Museveni has previously boosted how his National Resistance Movement (NRM) created institutions like the Inspectorate of Government to protect the public against mistakes of government leaders, his critics have accused him of being the leader in weakening in this office.  

The examples are many but they point out a 2012 November letter in which the President told Uganda’s donors that  the inspectorate was infiltrated and he was hoping then-new IGG Justice Mulyagonja would do a clean-up job.  

But this honeymoon was short-lived by 2018 as the fallout was laid bare during the 2018 State-of-the-Nation address when Museveni questioned the effectiveness of the IGG and her officers in fighting corruption. 
“When people start complaining about a watchman, then you have to hire another watchman to watch over that watchman and that is why I started and set up units in the President’s office to watch over the IGG,” Museveni later explained the rationale of creating the State House Anti-Corruption Unit now headed by Col Edith Nakalema, one of his most trusted aides.

Justice Mulyagonja went down fighting to accuse Museveni of undercutting the IGG’s work and abetting or enabling the corrupt since she said they “hide” behind him. 

“I do not resign anyhow and I have only two years remaining to finish my contract. I still have a lot to do in fighting corruption. Some people present the front that we are not competent enough to investigate. Maybe they think my officers are too junior to investigate them. Let the special unit (appointed by the President) do the senior role,” Juice Mulyagonja said in a 2018 Daily Monitor interview.  

Kamya’s appointment as the fifth IGG under the 1995 constitutional order has come after the umpteenth time Museveni has declared his intent to root out corruption in government, and Kamya in a similar style, in her first interview with NTV last weekend, said that with her appointment, “The days of corruption in Uganda are numbered.”    

In a phone interview, Augustine Ruzindana, who was the first IGG in Uganda‘s history, didn’t share Kamya’s optimism. 
“I don’t comment on subsequent appointments but the current office is different from the one I had. Mine had an anti-corruption role and human rights role which was eventually separated when the Human Rights Commission was created,” Ruzindana, who is among the founder members of the opposition Forum for Democratic Change (FDC), says. 

“The office from the time of its formation has always been attacked and its relevance has been an issue but I took a position from the time I left office not to comment on the subsequent appointments.”

Kamya’s promise to eradicate corruption, just because she is the IGG, has been equated to a grander promise of ensuring that Museveni wins Kampala by 80 per cent, a promise she gave after she had been appointed minister of Kampala in 2016 having ditched her Uganda Federal Alliance(UFA).  

“You handed over Kampala to me,” Ms Kamya, a one-time presidential candidate, said in Luganda referring to her ministerial docket. “Mr President, in 2021 you will win Kampala by 80 per cent and above. You know my ability in mobilization and will ensure that my pledge comes to pass.”

“Ugandans are happy with you; forget about what other people are saying. The President is still in shape and energetic. Let me tell you, no person in Uganda has stamina like President Museveni.”

In January, Museveni lost Kampala to National Unity Platform’s (NUP) Robert Kyagulanyi Ssentamu, alias Bobi Wine, by more than 70 per cent. 

Once Kamya, who is the second IGG after Ruzindana not to have a law degree, goes through the crucial parliamentary vetting and starts her work, she will soon find out that most of her work is being done by Nakalema.

Both Kamya and Nakalema seem to love the limelight and it will be interesting to see how they streamline their work considering that they both have to impress the President.

Though the legality of the State House Anti-corruption unit isn’t clear, Nakalema in her typical ostentatious style has enjoyed the limelight, while the IGG’s officers have for the previous years been reduced to spectators in the fight against corruption yet chapter 13 of the constitution prescribes the powers of the IGG and the IGG Act operationalises the office by laying out functions, including to investigate or cause investigation, arrest or cause arrest, prosecute or cause prosecution, among others.

Nakalema, a former personal assistant to Museveni, has been seen on camera rounding up different public officials who she suspects of being corrupt and she recently clamped down on the private sector when she personally went downtown and caused the arrest of taxi and bus drivers. 

They had fleeced panicky students and pupils who were going upcountry after Museveni imposed a ban on movements between districts in a bid to stem the spread of coronavirus.   

During her stint as minister of Kampala, Kamya regularly clashed with then KCCA executive director Jennifer Musisi who never wanted to share the limelight with her. 

The two who on paper were supposed to work arm in arm, rather unsurprisingly, openly clashed. Musisi wrote a scathing letter wondering why Kamya was bypassing her in tabling the KCCA amendment Act. Could Kamya be headed for a similar head-on- collision with Nakalema who seems to be more trusted by Museveni?

Though Kamya, in her usual pompous style has vowed to uncompromisingly take on corruption, many insist since the appointment smirks political tokenism that has come to define Museveni’s recent appointment, there’s nothing much she going to achieve. 

“I don’t want to pass judgment, but Kamya is a political failure and just like other political failures,  the President had just appointed her Senior Presidential Advisor, and then I think he was reminded that actually, the position of IGG needs to be filled,” Kagaba says.

“So it shows that the President doesn’t take this office seriously.  The appointment was an afterthought since the office has been overlooked for years.”

History...War on graft...
 Kamya’s appointment as the fifth IGG under the 1995 constitu-tional order has come after the umpteenth time Museveni has declared his intent to root out corruption in governm-ent, and Kamya in a similar style, in her first interview with NTV last weekend, said that with her appointm-ent, “The days of corruption in Uganda are numbered.”   

Past promise
Kamya’s promise to eradicate corruption, just because she is the IGG, has been equated to a grander promise of ensuring that Museveni wins Kampala by 80 per cent, a promise she gave after she had been appointed minister of Kampala in 2016 having ditched her Uganda Federal Alliance(UFA).