Trial of education ministry employees over corruption resumes

_______________

The hearing of a case involving five education ministry employees accused of demanding a bribe of shillings 228 million from a staff of Synergy Enterprises Limited, resumes on Thursday, April 11, 2024.

Ministry chairperson evaluation committee Edward Fredrick Lubinga, head of construction Doreen Matovu Lwanga, project manager Abdul Nsubuga, project co-ordinator Solomon Kaigia and Eng. Sam Kagwisagye are expected to appear at the Nakasero-based Anti-Corruption Court before Justice Jane Okuo Kajuga for further hearing of the case.

The defence lawyers are scheduled to cross-examine forensic examiner Joseph Okorio, attached to the Kibuli Police Cybercrime Department.

In his testimony last month, Okorio disclosed to court that he retrieved a voice recording and WhatsApp messages from a mobile phone in relation to the case involving shillings 228 million bribe. He did not mention the owner of the phone.

Okorio said he also retrieved communications from some of the mobile telephones and email that the Police asked him to examine. He testified that he discovered communications via WhatsApp and emails pertaining to the construction projects.

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 the 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 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 co-ordinator 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 shillings 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 Ltd.

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 shillings 15 million in exchange for issuing payment certificate for 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.