Uganda: Government Insists Bukenya is Guilty

Anthony Wesaka

24 June 2011

Dr Gilbert Bukenya’s trial before the Anti-Corruption Court should go on since he has been relieved of his duties as Vice President and, as such, is no longer immune to prosecution, the government argued in court yesterday.

The state was responding to a June 14 petition filed by Dr Bukenya in the Constitutional Court, challenging the constitutionality of the Inspector General of Government’s (IGG) actions against him, saying his actions as chairman of the Cabinet sub-committee which oversaw preparations for the 2007 Commonwealth Heads of Government Meeting (Chogm) were done on behalf of the President since the Office of the Vice President derives it mandate from the Office of the President — who is immune to prosecution.

“A sitting President and Vice President are immune to criminal and civil liability while in office, but such immunity is lifted on departure of the individual from office of the presidency,” said Mr Gerald Batanda, an official from the Attorney General’s office who swore an affidavit in reply.

“The Inspectorate of Government has discretion to choose who to prosecute or not to prosecute even in circumstances of collective decisions,” he said.

Busiro North MP Bukenya, who was last month dropped as Vice President after almost eight years in office, has argued in his petition that the decisions arising out of the Cabinet sub-committee meetings on Chogm that he chaired on President Museveni’s directives were taken collectively.

He also says the decisions and actions were of Cabinet not those of an individual (Bukenya) for which he is now being charged. On June 16, Prof. Bukenya was charged with abuse of office and fraudulent practice in relation to the procurement of executive cars for the Chogm summit. He is jointly charged with Motorcare (U) Ltd, the company which supplied the 204 executive vehicles.

Yesterday, the Constitutional Court listened to arguments on whether it should grant an interim order as sought by Dr Bukenya whose effect would be to stop the IGG or the Director for Public Prosecutions (DPP) from prosecuting him before the Anti-Corruption Court until this petition is determined.

Deputy Chief Justice Alice Mpagi-Bahigeine along with Justices Stella Arach Amoko and Steven Kavuma are hearing the petition. The Attorney General, who is the respondent, asked the bench to dismiss the application.

“I pray that this application is dismissed with costs. The applicant is not immune to prosecution,” principal state attorney Henry Oluka, said. He added: “An order to stop the IGG and the DPP from exercising the powers, functions would be a breach of the mandate and the powers of the Constitution.”

He said Dr Bukenya’s affidavit in support of his application did not provide any evidence showing that if the Constitutional Court refused to grant him an interim injunction, he would suffer irreparable damage.

The government advised Dr Bukenya to instead file a civil case citing malicious prosecution, seeking for damages if he wished so.

Bukenya’s lawyers

In reply, lawyer MacDusman Kabega, who represented Dr Bukenya, said the State has misconceived the application. He argued that his client was not challenging the powers of the IGG or the DPP to prosecute him, but simply wants a stay of proceedings before the Anti-Corruption Court until his client’s grievances are heard and determined.

The Second counsel for Dr Bukenya, Mr Enos Tumusiime, later asked the justices to rule in favour of his client, saying the IGG has nothing at risk in case an interim injunction is granted.

The justices said they would give their ruling on notice as soon as possible.

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