The Anti Corruption Division of the High Court has allowed the prosecution to amend the indictment against former Trade Ministry Permanent Secretary Geraldine Ssali and five co accused in the Shs3.8 billion corruption case.
Justice Jane Okuo Kajuga ruled that the amendments were made at an early stage of the proceedings, before any prosecution witness had testified, and would not prejudice the accused persons, who had already been served with the amended indictment.
The judge also rejected an attempt by former Busiki County MP Paul Akamba to stay the proceedings pending the determination of a constitutional matter arising from his human rights enforcement application.
The decision removes two major procedural hurdles that had continued to delay the prosecution of Ssali, Igara East MP Michael Mawanda, Elgon County MP Ignatius Wamakuyu Mudimi, Akamba, lawyer Julius Taitankoko Kirya and principal cooperative officer Leonard Kavundira.
Justice Kajuga said the court was satisfied that the amendments were being introduced before the substantive hearing had taken off and that the defence had sufficient notice of the charges they were expected to answer.
The judge further found that the disputed money laundering counts, particularly Counts 6, 7 and 8, were supported by the prosecution’s summary of evidence.
Senior State Attorney Raymond Mugisa had urged the court to admit the amended indictment, arguing that the prosecution had not introduced a new case against the accused.
Mugisa told court that the amendments were fully supported by the summary of the case already served on the defence and did not introduce new allegations.
He specifically defended Count 8, which cites Shs1.214 billion, explaining that the amount was accounted for in the prosecution’s case, including money allegedly used to settle loans and a court case involving some of the accused.
Mugisa therefore asked the court to admit the amended indictment and allow the trial to proceed.
The defence, however, opposed the application. Lawyer Caleb Alaka argued that the prosecution should not be allowed to introduce charges or allegations falling outside the summary of evidence that had been supplied to the accused when they were committed to the High Court.
Alaka particularly challenged Count 8, arguing that the prosecution had combined amounts appearing in other counts to create a fresh money laundering charge.
He also questioned amendments that reduced some of the amounts contained in the original indictment, arguing that the changes were not sufficiently supported by the evidence previously disclosed to the defence.
Justice Kajuga, however, found that the amendments did not amount to introducing an entirely new case and that the accused would have an opportunity to challenge the prosecution’s evidence during the trial.
The judge’s decision comes after the case had spent months caught up in constitutional litigation.
Akamba had sought to halt the criminal proceedings, arguing that his arrest and treatment by security agencies violated his human rights. His application had previously contributed to the suspension of the trial.
The Constitutional Court subsequently struck down Section 11(2) of the Human Rights Enforcement Act, which had allowed criminal proceedings to be terminated and accused persons acquitted after findings of violations of non derogable rights without a full trial. The Constitutional Court held that an acquittal should follow a completed trial in which evidence has been received and evaluated.
Following that decision, Justice Kajuga moved to revive the corruption proceedings and directed the prosecution to complete disclosure of its evidence before the substantive hearing. She later fixed September dates for the trial.
The charges arise from allegations surrounding Shs3.8 billion intended to compensate Buyaka Growers Cooperative Society Limited in Bulambuli District for war losses.
Prosecutors allege that Ssali, while serving as Permanent Secretary and Accounting Officer at the Ministry of Trade, irregularly caused the cooperative to be included among entities eligible for compensation despite it not appearing in the approved supplementary budget.
The State further alleges that she authorised payments amounting to about Shs3.8 billion to Kirya and Company Advocates in breach of Treasury procedures.
Prosecutors claim that between 2019 and 2023, the accused persons conspired to defraud the government of more than Shs3.4 billion meant for compensation of cooperatives affected by the 1981 to 1986 liberation war and subsequent insurgencies.
Mawanda is alleged to have received Shs1 billion purportedly intended to settle cooperative debts, while another Shs200 million is linked to a legal settlement. Kirya is also accused of transferring billions of shillings to various individuals as part of the alleged scheme.
The accused persons have denied the charges.
The case will proceed with the prosecution presenting its witnesses and documentary evidence before the court determines whether the State has proved the allegations against the six accused persons beyond reasonable doubt.
