Tuesday, January 17, 2012

Selective prosecution cannot eliminate corruption

Selective prosecution cannot eliminate corruption

According to the National Strategy to Fight Corruption and Rebuild Ethics and Integrity in Public Office 2004 -07, corruption in Uganda has become endemic and systemic. The Annual Corruption Perception Index (CPI) by Transparency International shows that Uganda is among the top 10 most corrupt countries in the world and only third in Africa. Out of 178 countries, Uganda was ranked 127th i.e. the 51st most corrupt in the world.

During the induction ceremony of new MPs, the Inspector General of Government (IGG), Raphael Baku, was tasked to explain why not all officials implicated in the CHOGM report were prosecuted for their involvement in the misuse of public funds. MPs asked the IGG to resign for handling the alleged CHOGM offenders in a selective manner and that his decisions were not independent from the Executive.

This debate followed the prosecution of former Vice President Prof. Gilbert Bukenya, who had been charged before the Anti-Corruption Court with abuse of office and flouting of the PPDA guidelines during the procurement of executive cars for the CHOGM meeting. Intriguingly, the Inspectorate of Government exonerated Prime Minister Amama Mbabazi who had also been implicated in the CHOGM report, for his role in the procurement of security communications system for the 2007 meeting. The IGG claimed there was no evidence to implicate Mbabazi and recommended his file to be closed.

It should not be forgotten that we have witnessed this kind of selective prosecution before. Former Works Ministry chief engineer  Samson Bagonza was tried and convicted by the Anti Corruption Court for causing the government a financial loss of over sh1.6 billion, while former NSSF chief David Chandi Jamwa was also convicted by the same court (and judge) for causing a financial loss of sh3 billion. In the case of Jamwa, we all know that he had not been implicated singly in financial mismanagement. Why did the others escape prosecution?

We had also seen selective application of the law in the eviction of former Mayor Nasser Sebaggala from the official residence of the town clerk. Kampala City Council Authority had not used its power to evict Gen. David Tinyefunza from the official residence of the mayor in Kololo until hell broke lose and the General was finally evicted. This discriminative application of the law raises one lingering question: what criteria are followed to prosecute some officials while exonerating others?



Chapter Four of the Constitution of Uganda provides that “all persons are equal before and under the law in all spheres of political, economic, social and cultural life and in every other respect and shall enjoy equal protection of the law[1]…” As such selective prosecution of officials implicated in corruption scandals violates the supreme law of the land.

During this same induction for MPs, Kenyan Anti-Corruption Commission chief, Prof. PLO Lumumba, defended the IGG’s decisions, stating that selective prosecution could be a deterrent for junior officers against misusing public funds.
However, Justice Bosco Katutsi, while sentencing Jamwa, opined: “Selective prosecution must be condemned because you cannot simply pick one person and leave others. Selective prosecution is evil."

As an individual working for an organisation that champions the fight against corruption and good governance, I believe that it is the duty of government law enforcement institutions such as the Police, the Directorate of Public Prosecutions and the IGG to restore public confidence in their office. These institutions ought to remain independent! The fight against corruption should be a deliberate government effort to rout the evil that corruption is, and not to appease donors or settle political scores. Justice Katutsi’s remarks are not only widely shared by Ugandans, but it has formed a wide (but may be mistaken) belief that the State has sacrificed a less significant NRM ‘insider’ to hoodwink donors that it ‘finally’ has the political will to fight corruption. 

The sooner we eliminate this discriminative and evil-minded prosecution, the better. Otherwise, relying on selective prosecution to eliminate corruption is akin to writing on water.





[1] Article 21(1) of the 1995 Constitution of Uganda

1 comment:

  1. Very well argued...It seems that Justice (Rtd) Katutsi should be hired to head the IGG Department...however, i agree with Prof. PLO Lumumba...we cannot arrest all, and so, if we target a few prominient people, and make them an example, corruption will be a high risk, loew reward game, and the rest will be deterred...

    However, on the issue of there not being evidence to implicate people like Mbabazi, I would like to propose that we use the Prof. Dr. Justice. knayeihamba's approach...that we should not prosecute corruption on basis of evidence, btu rather, we should proceed with a policy of VERY PUBLIC INQUIRY into the wealth of public officers...they should simply be put to notice, on a balance of probabilites, to explain how given that their salary is X, their wealth is 2X. The other X must be from corruption...in this manner, it will be able to 'get' Mbabazi, and any other officials, who 'may' have misused their oficers and caused loss to the government...

    Once again, selection, mixed with shifting of burden, will be the ebst approach...!!!! But we mauy have to start with the president....

    Ojijo is a bunch of solutions from Homa-Bay County, Kenya. (AHA Volunteer Public Speaker & Trainer (Financial Literacy, Personal (talent & career) Development & Political Leadership) Lawyer & Lecturer (eCommerce & eGovernance Law) Social Entrepreneur  Author (19 Books)  Poet  Believer (Open Religion) Socialist)

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