DPP to Take Over Case Against BoU Deputy Governor

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Kibabilire told URN shortly after the court ruling that he will file a civil suit against Kasekende.
Samuel Munobe Masaka chief magistrate who discontinued criminal proceedings against Louis Kasekende
Masaka Chief Magistrate, Samuel Munobe has allowed the Director of Public Prosecution to take over a corruption case against Louis Kasekende, the Deputy Governor Bank of Uganda. 

Munobe made the ruling this afternoon on the grounds that Charles Kasibante Kibabilire, the Deputy Executive Director South Buganda Anti-Corruption Organisation, who had opted for private prosecution, lacks the competence to investigate and prosecute the governor.

In December last year, Kibabilire filed a private suit against Kasenkende before Masaka Chief Magistrate's court for alleged corruption and flouting procurement procedures in the purchase of 2 acres of land belonging to Masaka Golf Course for the construction of the BOU currency center. 

This he said, contravenes section [95] 1 of the Public Procurement and Disposal of Public Assets Act 2003. But last week, the DPP applied to take over the case through Masaka Resident State Attorney, Shibba Byakutaaga.

Byakutaaga told court that she had instructions from the DPP to take over the matter since it was criminal in nature. She also said she had instructions to withdraw the matter since it was filed in bad faith. Byakutaaga cited article 120 of the Constitution of Uganda, which mandates the DPP to take over any matter. However, Kasibante's Lawyer, Fredrick Ssemwanga protested the move and questioned the motive of the DPP for taking over the matter.

He noted that the constitution only allows the DPP to take over the matter and continue with it and not to drop it as suggested. This afternoon, the Masaka Chief Magistrate Samuel Munobe delivered his ruling allowing the DPP to take over. He said Kibabilire was not competent enough to investigate and prosecute the deputy BoU governor.

Munobe noted that much as Kibabilire had claimed that while acting as Masaka Mayor, his council blocked BoU from constructing a Currency Centre on the contested land, he didn't present minutes in court to back his claim. He also noted that although Kibabilire alleged that the construction site of the currency center is inside the Gold Course, Masaka municipality Physical Planning Authority knows this space as plot 15 and 16.

Munobe also noted that while Kibabilire alleged that Kasekende colluded or connived to commit a crime, he didn't specify when and where it was committed. He also noted that Kibabilire didn't cite any laws that Kasekende broke to back his case. Munobe noted that much as it is a legal requirement for any person in such a case to provide a letter to court from the Chief Accounting Officer to support his claims, Kibabilire didn't provide any. 

He therefore allowed the DPP to take over the matter and withdraw it, saying it lacks merit and abuses the court process. The withdrawal of the matter means BoU can proceed with the construction of the currency center without any disruptions. Kibabilire told URN shortly after the court ruling that he will file a civil suit against Kasekende.