Court of Appeal upholds acquittal of ex-minister Byandala in Katosi road scam

The Court of Appeal has maintained the acquittal of former Works and Transport minister Abraham Byandala and six others in the case concerning the loss of over Shs 24 billion in the construction of the Mukono-Katosi-Nyenga road.

A panel of three justices, Geoffrey Kiryabwire, Muzamiru Kibedi, and Oscar Kihika unanimously ruled that the Inspector General of Government (IGG), who brought the case, failed to provide evidence beyond a reasonable doubt that Byandala and his co-accused were guilty of abuse of office, disobeying lawful orders, or causing financial loss.

This ruling upholds the 2018 decision by justice Lawrence Gidudu of the Anti-Corruption court. Byandala, along with former Uganda National Roads Authority (Unra) officials Berunado Ssebbugga Kimeze, Joe Ssemugooma, Marvin Baryaruha, Apollo Senkeeto, Isaac Mugote, and Wilberforce Senjako, was accused of being involved in the procurement, contract award, and payment of a Shs 24.7 billion advance to Eutaw Construction Company, a company based in the United States, before due diligence was completed.

The Court of Appeal’s judgment stated that while it would have been prudent to complete due diligence earlier, the prosecution failed to prove that the defendants’ actions constituted a criminal offence.

Regarding the charge of disobeying lawful orders, the court found that the IGG failed to prove that the order to halt the road works was ever officially served on Byandala. The court reasoned that a person cannot be held accountable for disobeying an order they never received, creating reasonable doubt that was resolved in the accused’s favour.

Convictions upheld for some

In a consolidated appeal related to the same case, the court upheld the convictions and sentences of five years’ imprisonment for Apollo Senkeeto for the offence of obtaining and executing a security by false pretence, and Wilberforce Senjako for neglect of duty.

The court ordered the immediate arrest of both individuals. However, the court allowed the appeal of Semugooma, for the offences of neglect of duty and abuse of office, and ordered his immediate release unless he is being held on other lawful charges.

The court also clarified the authority of the IGG’s office, ruling that any authorised officer from the Inspectorate, not necessarily the Inspector General of Government personally, can sign an indictment to bring charges.