Government stuck with former PS Kagole Kivumbi investigation

Government is stuck with the investigation of the former Judiciary permanent secretary Kagole Kivumbi.

Accused of misappropriation of funds in the Auditor General’s report for the  Financial Year 2017/2018, Kivumbi was last year sent on forced leave.

However, in a July,2 letter to the Inspector General of Government’s office, the head of Public Service, Dr John Mitala says he has not got any update about investigations into Kivumbi’s case for over six months.

“My Lord, you may recall that on November 18, 2019, I addressed you a letter and you stated that investigations were in advanced stages which were very encouraging to me. Nevertheless, my Lord, nothing has been heard from your office about the matter thereby causing not only concern but also anxiety to the office but also to the service,”Mitala says in the letter.

In the letter, Mitala says he should be advised by the outgoing IGG, Irene Mulyagonja on what to do with the case.

“In light of the foregoing, I had no alternative but to request my Lord to advise me on the status of those investigations and their possible conclusion as soon as possible. This will help me advise the authorities concerned as well as Mr. Kagole Kivumbi himself,” Mitala adds.

IGG response

In response, Mulyagonja said that whereas investigations were complete and a report sent to her office’s prosecution team for perusal and guidance on the next course of action, prosecutors have since advised her that more investigations are further needed.

“The prosecutors have since perused and advised on what further investigations need to be done to support possible criminal charges and recovery of stolen assets of illicit wealth. Therefore, only investigations to fill the gaps identified are currently undergoing,” Mulyagonja says in a July,3, 2020 response to the head of Public Service.

Mulyagonja makes a case for delayed investigations saying cases of such a nature and scope for purposes of prosecution and possible recovery of funds is complex.

“We need to cover all areas and prove everything beyond a reasonable doubt. As a result, it is not possible for me to state with certainty when the investigations shall be completed.”

Forced leave

The former Judiciary Permanent Secretary having been sent on forced leave for over a year now,  the IGG says she has no way forward on the matter since it was not her office that initiated or directed for the forced leave.

Mulyagonja insists that the issue of forced leave is new to her because it is not one of the types of leave provided for in the Employment Act of 2006.

“As the Inspectorate of Government, our practice is to order interdiction only when a public officer has been charged and taken the plea. In view of the above, this is to inform you that the Inspectorate of Government is doing everything in its power to ensure the expeditious conclusion of the investigations but this cannot be at the expense of thoroughness,”Mulyagonja says.

Kagole Kivumbi was recently tasked by the Parliamentary Accounts Committee chaired by Nandala Mafabi to explain the illegal expenditure of Shs275m in the Financial Year 2017/2018.

Relying on the Auditor General’s report, PAC also discovered that a number of suspicious transactions were carried out in the last five days of the 2017/18 financial year and that money totaling over shs1.7 billion was transferred from Bank of Uganda to several private accounts in Stanbic Bank.

It should be noted that President Museveni directed IGG to investigate the Auditor General report on Judiciary on 29th January 2019 and not Kagole as an individual. It has been over one year and no results have been released.