- The case, which has spanned over a decade, stems from a fraudulent deal in which Kashaka, Bamutura, and other officials were involved in contracting a sham company,
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In a significant exercise of presidential clemency, President Yoweri Kaguta Museveni has pardoned John Muhanguzi Kashaka, the former Permanent Secretary of the Ministry of Local Government, along with the late Henry Bamutura, over their involvement in a UGX 4.2 billion bicycle procurement scandal.
The pardon was granted in accordance with Article 121(1)(a) of the Constitution of Uganda, which empowers the President to exercise mercy.
The case, which has spanned over a decade, stems from a fraudulent deal in which Kashaka, Bamutura, and other officials were involved in contracting a sham company,
Ammam Industrial Tools and Equipment Limited, to supply 70,000 bicycles intended for parish and Local Council leaders ahead of Uganda’s 2011 general elections.
These bicycles, however, were never delivered, resulting in a loss of UGX 4.2 billion to the government.In 2014, Justice Catherine Bamugemereire of the Anti-Corruption Court convicted and sentenced Kashaka and Bamutura to 10 years in prison.
They were also barred from holding any government office for a decade and ordered to compensate the state for the loss.
Kashaka and Bamutura challenged their convictions, arguing that the sentence was excessive and based on errors in law, particularly with regard to the application of the Public Procurement and Disposal of Public Assets (PPDA) Act.
However, the Court of Appeal in 2019 upheld the Anti-Corruption Court’s ruling.
The matter was then taken to the Supreme Court, which in October 2023 again upheld the conviction, with the panel of five Justices, led by Chief Justice Alfonse Owiny-Dollo, affirming that the evidence against them had been properly evaluated.
Despite these rulings, Kashaka and Bamutura argued through their lawyers, Macdusman Kabega and Evans Ochieng, that the judgments had been inconsistent.
They cited a previous Commercial Court case where the evidence exonerated them of criminal liability.The Uganda Prisons Services, through Assistant Commissioner of Prisons Moses Ssentalo, announced that President Museveni’s pardon was issued in recognition of Kashaka’s service and after considering the legal outcomes.
Following the pardon, Kashaka was released on Thursday, having spent five years, two months, and nine days in prison.
Bamutura, who passed away eight months prior, was posthumously pardoned.The pardon has sparked discussions regarding Uganda’s anti-corruption efforts and the balance between justice and clemency.
While some view the pardon as an act of mercy, others see it as undermining the judiciary's efforts in holding public officials accountable.
The case, known for its complexity, also highlighted issues in Uganda’s procurement processes and the roles of government officials in safeguarding public resources.
Despite the pardons, the bicycles, originally intended for use in the 2011 elections, remain undelivered to this day.
As Uganda continues to grapple with corruption in the public sector, this development raises questions about the accountability of officials involved in mismanagement of public funds and the exercise of executive power in the face of legal convictions.