President Museveni has pardoned former Permanent Secretary to the Ministry of Local Government, John Muhanguzi Kashaka who has been serving a 10-year jail sentence for causing a 4.2 billion shillings financial loss to the government in the bicycle procurement scandal.
The Uganda Prison Services assistant Public Relations Officer, Moses Ssentalo announced in a statement on Thursday night.
“In accordance with Article 121 (1) (a) of the 1995 Constitution of the Republic of Uganda as amended, H.E The President of the Republic of Uganda has granted pardon to two (2) convicted prisoners; John Muhanguzi Kashaka and Henry Bamutura (posthumous) who had been convicted by the Anti Corruption Division of the High Court for the offense of causing financial loss and sentenced to a term of imprisonment of 10 years and 10 days on 17th July 2014 and their Earliest Possible Date of Discharge (EPD) was 17th April 2021 subject to remission,” Ssentalo announced.
Bamutura was the former principal accountant.On November 25, and December 22, 2014, the Court of Appeal granted bail to Kashaka and Bamutura respectively, and on December 2, 2019, the same court upheld their conviction, sentence and committed them to prison.
However, on March 16, 2020, Bamutura was granted bail by the Supreme Court after spending a total period of 08 months and 19 days in prison.Kashaka, together with Bamutura were charged with abuse of office over allegations that they signed a final contract with Amman Industrial Tools and Equipment Ltd (Aitel) for the supply of 70,000 bicycles without seeking the necessary consultation or approval from the Contracts Committee.
The bicycles were intended for use by parish and Local Council chairpersons during the 2011 general elections.Despite approximately Shs4.6 billion being paid to the company, not a single bicycle has been delivered to date.
“Today, 3rd October 2024, John Muhanguzi Kashaka has accordingly been released on pardon of the sentence and award of compensation after serving a period of 5 years, 02 months and 09 days in prison,” Ssentalo announced.
The convicts, were in 2014, convicted by the then Anti-corruption court judge Catherine Bamugemereire for various roles they played in contracting a sham company, Ammam Industrial Tools and Equipment Limited to purchase 70, 000 bicycles from India. The said bicycles were to be used by parish and Local Council chairpersons in the 2011 general elections.
Up until now, the bicycles have never been delivered.Bamugemereire sent them to jail, barred them from holding any government office for ten years and ordered them to compensate the government for the loss.However, the convicts challenged their respective sentences and conviction, arguing that it was harsh and not valid in law.
They also argued that the lower court judge erred in law and fact, when, she failed to apply provisions of the PPDA Act in determining the ingredients of the offence of financial loss committed by the appellants, as a result of the procurement transaction.The Court of Appeal upheld Bamugemerire decision.
Dissatisfied with it, they challenged it in the Supreme Court on grounds that the learned Justices of Court of Appeal erred in law when they upheld a conviction of the offence of causing financial loss in the absence of the requisite ingredients.They also accused the Justices of erring when they failed to examine the facts visa vis the law regarding causing financial loss and also failed to interpret the laws regarding the PPDA Act.