Prosecutor gets 10-year ban over sh200,000 bribe

Kampala, Uganda | THE INDEPENDENT |  The anti-corruption court has fined Simon Kigwana, a former prosecutor at Nabweru Chief Magistrates Court, 7 million Shillings and banned him from holding public office for ten years after finding him guilty of bribery. In case of default, Kigwana will serve one year at Luzira Maximum Security Prison. Anti-Corruption Court Grade One Magistrate Esther Asiimwe delivered the verdict Tuesday three days after finding Kigwana guilty of corruption.

She said that the Prosecution had proved beyond a reasonable doubt that Kigwana, while working as a prosecutor, directly solicited a gratification of Shillings 6 million from Zam Ndagire and Octavious Kasumba. He reportedly received Shillings 200,000 from Ndagire at Nabweru playgrounds on May 15th, 2019. Kigwana denied the charges, but the Prosecution, led by Senior State Attorney Nicholas Kawooya, presented evidence from seven witnesses to support their case.

The complainants, Ndagire and Kasumba, were involved in a case of threatening violence at Nabweru court, which Kigwana was prosecuting. During their interactions regarding the case, Kigwana solicited and received the money in question. He was apprehended by detectives from the State House Anti-Corruption Unit, who had the complainants offer the money to Kigwana in a car parked near Nabweru court. The complainants had been given an envelope containing Shillings 200,000, which had been photocopied by State House detectives.

The complainants traveled in the same car with an official from Statehouse and other officers in another vehicle. Kigwana entered the complainants’ car to receive the envelope, leading to his arrest and the recovery of the money. He was subsequently transferred to the CID headquarters in Kibuli where he was charged.

In his defense, Kigwana denied soliciting money from the complainants. He claimed that he had merely asked them to bring more witnesses and argued that he had no reason to request money for bail or file preparation since the case was for a hearing, and the file was already in order.

In her ruling, Asiimwe allowed the prosecution’s evidence that Kigwana willingly entered the trap set by the complainants, leading to his arrest red-handed. The State Attorney Kawooya requested a deterrent sentence, emphasizing that Kigwana had breached the trust vested in him by the office of the DPP and had since apologized for his conduct. He noted that corruption was widespread in public offices and that Kigwana had put the reputation of the DPP’s office, which fights corruption, at stake.

Kigwana, through his lawyer Evans Ochieng, appealed for leniency, citing his service to the nation since 1999 and the loss of retirement benefits and government employment following the conviction. He pointed out that he had no prior criminal record for corruption and requested to be treated as a first-time offender. He emphasized his role as the sole breadwinner for eight children and a 93-year-old hospitalized mother, affected by the news of his conviction. Ochieng also highlighted Kigwana’s four years of interdiction and his enrollment at the Law Development Centre to study a bar course, though he had attended campus only twice since reporting on August 23, 2023.

He urged the court to impose a fine rather than a custodial sentence, as Kigwana risked losing these opportunities. During sentencing, Asiimwe considered all factors presented by both parties, particularly the abuse of trust and damage to the reputation of the DPP’s office. As a result, she sentenced Kigwana to a fine of Shillings 3.5 million on each count. “In cases of this nature, the damage to reputation extends to all associated justice institutions, including the judiciary and police.

In the end, corrupt actions by an official in one institution diminish public confidence in the entire justice system and undermine the government’s general fight against corruption,” said Asiimwe. She emphasized the importance of punishing the convict to send a message to other serving officers to refrain from corruption.  Commenting on the matter, the Director of Public Prosecutions, Jane Frances Abodo, described the act as unfortunate and reiterated her warnings against corruption within her staff. “I have always warned them against corruption. I will have no option but to take the painful decision to prosecute them if there is evidence,” Abodo told Uganda Radio Network in a text message.

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