The Office of Director of the Director of Public Prosecutions (ODPP) is on spot for failing to prosecute the multi-billion case in connection with Shs60 billion against finance Ministry officials.
Justice David Makumbi of the Anti-Corruption Division of the High Court said that unending investigations violate the accused persons’ right to fair and speedy trial.
“At any time that court has to entertain questions about disclosure after committal tantamount to shifting of court process rendering it difficult for the accused person to prepare their defence to the trial which at the point of committal is deemed to have started,” Justice Makumbi held.
The judge warned the prosecution that further disclosure that cannot be reasonably explained or otherwise due to laxity in the investigations may result in the same evidence to be entirely struck out.
“To that extent, I want to put prosecution on notice that I shall take an extremely deem of view of any more evidence being introduced or disclosed during the course of this trial without reasonable grounds laid by prosecution as to whether such evidence could not have reasonably foreseen or for any other reasonable ground that the evidence was unavailable,” he added.
The judge also wondered why the evidence indicated to him has not been availed saying; “the failure of the investigators to do their work diligently cannot form a basis for creating circumstances tantamount to violation of right to a fair trial.”
The court made the warning while adjourning the case to Tuesday (November 10, 2026) for hearing of prosecution evidence against Ministry of finance staff.
Lawyers representing the accused persons complained that some of them had only received additional prosecution evidence on Monday morning, while others had received the material on Friday.
Mwesigwa Rukutana, one of the lawyers for the accused persons said his clients are yearning for a speedy trial but accused the prosecution of deliberately frustrating the proceedings through disjointed and belated disclosures.
He argued that most of the newly supplied material, including forensic reports, a February 2024 letter from the Accountant General, additional witness statements and account details, should have been included in the earlier disclosures.
Rukutana also questioned why the prosecution had only introduced documents relating to Accountant General Lawrence Semakula’s acceptance letter at this stage.
“These people are deliberately trying to defeat the determination of this matter because they know there is no case. This is a court of justice, so what they intend to do is to harass and embarrass innocent people for political and other motives,” Rukutana said.
Those charged include the interdicted Accountant General, Mr Lawrence Semakula, Ms Muhuruzi Jennifer, the Commissioner Accounts, Mr Twesigomwe Pedson (Assistant Commissioner Accounts), Ms Kusiima Deborah (Senior Accountant), Mr Yawe Tonny (Senior IT officer) and Ms Ashaba Judith, an accountant.
Other interdicted officials are; Mr Lumala Paul the Systems Officer, Mr Kasiiku Mark (Functional Surrport officer (IT) and an accountant Ms Nayebare Betina.
The nine accused deny 20 charges arising from investigations into the alleged diversion of funds meant to service Uganda’s loan obligations to the International Development Association under the World Bank and the African Development Fund under the African Development Bank.
Prosecution alleges that two transactions involving more than Shs53 billion were diverted in September 2024.
About $6.13 million intended for the International Development Association was allegedly paid to Roadway Company Limited in Japan, while $8.59 million meant for the African Development Fund was allegedly paid to MJS International in the United Kingdom.
The accused have since denied the allegations.
