Court to rule on corruption charges in case involving education ministry workers

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KAMPALA - The Nakasero-based Anti-Corruption Court is set to deliver its verdict on whether five former education ministry employees, accused of soliciting a bribe of shillings 228 million from a staff member of Synergy Enterprises Ltd, will be required to answer the charges against them.

Justice Jane Okuo Kajuga is slated to deliver her verdict on Wednesday, May 15, 2024, determining whether the chairperson of the evaluation committee at the ministry, Edward Fredrick Lubinga, along with head of construction Doreen Matovu Lwanga, project manager Abdul Nsubuga, project co-ordinator Solomon Kaigia and engineer Sam Kagwisagye, have a case to answer and should defend themselves against the allegations.

Last month, Justice Kajuga scheduled the ruling subsequent to both the prosecution and defense presenting their arguments regarding the "no case to answer" submissions.

Prosecution’s case

The prosecution, led by chief state attorney Safina Bireke, alleges that Lubinga, Lwanga, Nsubuga, and Kaigia, while employed by the ministry as chairperson of the evaluation committee, engineer, head of construction and project co-ordinator, respectively, between August 2019 and January 2020 at Fang Fang Restaurant in Kampala, solicited shillings 228 million being 10% of shillings 2.2 billion from Robert Nsimbe Zizinga, an employee at Synergy Enterprises Ltd.

The solicitation was allegedly made in exchange for awarding a contract to construct Nyamitanga Technical School in Mbarara district.

The accused are facing charges of corruption, abuse of office, and conspiracy to defraud, respectively.

In another count of corruption, it is alleged that Lubinga, between March 2020 and August 2020, directly solicited a gratification of shillings 50 million from Zizinga. 

The money was purportedly for conducting due diligence on Zizinga’s company, Synergy Enterprises Ltd and subsequently recommending it for the award of a contract.

The prosecution said that after soliciting, Lubinga allegedly accepted shillings 25 million for carrying out due diligence on Synergy Enterprises and an additional shillings 20 million as part payment.

Regarding a charge against Lwanga, it is alleged that she accepted a gratification of shillings 30 million between February 2020 and August 2020 from Zizinga. The purported exchange was to award a contract to Synergy Enterprises Limited.

It is alleged that Nsubuga, as a project coordinator between August 2019 and March 2020 in Kampala, accepted shillings 30 million for himself from Zizinga, purportedly in exchange for the award of a contract.

Kaigia is accused of accepting shillings 20 million while employed by the ministry from Zizinga, which he promised. Additionally, in another count, it is alleged that he accepted another shilling 20 million from Zizinga as gratification.

The prosecution alleged that Kagwisagye, between February 2020 and August 2020, directly accepted shilling 20 million from Zizinga in exchange for approving the contract to Synergy Enterprises Limited.

On the count of abuse of office in relation to Lwanga and Kagwisagye, it is alleged that while employed as the head of the construction unit and consultant respectively, abused their offices by varying contract terms and specifications in the construction of Nyamitanga Technical School, contrary to the Public Procurement and Disposal of Public Assets (PPDA) regulations.

In the alternative count of corruption against Lwanga and Kagwisagye, it is alleged that they neglected to approve construction materials, leading to variations in the construction project.

It is alleged that Kaigia accepted another shilling 15 million in exchange for issuing a payment certificate for the partial performance of the construction work at Nyamitanga Technical School.

The prosecution alleged that the accused conspired to defraud Zizinga of shillings 228 million between August 2019 and May 2021 while employed by the ministry. They denied the charges and are out on bail.