The Anti-Corruption Court has, for the second time issued criminal summons against Kawempe South MP Mubarak Munyagwa, who is accused of soliciting and receiving sh78m from a city businessman to get his (businessman’s) son a Kampala Capital City Authority job. Chief Magistrate Pamella Lamunu Ocaya directed Munyagwa to appear in court on March 6, to plead to three counts of corruption, contrary to Section 2 (E) and 26 of the Anti-Corruption Act 2009.
The offence attracts a maximum penalty of 12 years imprisonment upon conviction. “Criminal summons for the accused is extended until March 6, when he will be coming to court for plea taking,” the magistrate ordered.
The summon comes at a time when Munyagwa has been appointed the chairperson of the Committee on Commissions, Statutory Authorities and State Enterprises (COSASE). Munyagwa’s summons were prompted by senior Assistant Director of Public Prosecutions (DPP), Alice Komuhangi Khaukha, who asked the court to issue the same over his failure to turn up in court. She informed court that earlier, criminal summons had been issued against Munyagwa by the same court, but, unfortunately, the DPP did not receive return of service to confirm that Munyagwa received it.
Komuhangi also told court that the summons were forwarded to the Speaker of Parliament, Rebecca Kadaga and it was confirmed that Munyagwa received the same, but he did not notify the court process server that he received it. A court process server is a person who delivers documents to parties involved in court proceedings.
“Your worship, given the fact that we do not have proof that the suspect received the summons, I pray his criminal summons be extended,” she requested.
After the court session, Kampala Lord Mayor Erias Lukwago, who represents Munyagwa, surfaced and went straight to the magistrate, to inquire what had transpired. Lukwago stormed court, swinging a letter purported to have been received by the same court on Thursday, indicating that Munyagwa and Kwagalana businessman Francis Kakumba had agreed to settle the matter out of court.
“I have, through my lawyers, been advised that it is prudent to settle my differences with Munyagwa and, that, reconciliation is one of the avenues of averting lengthy legal battles. I have opted to embrace reconciliation with Munyagwa upon mutual understanding to have all my claims settled,” the letter states.
Under the first count, prosecution alleges that Munyagwa in December 2014 at Haks Investment Limited, Sixth Street, Industrial Area, in Kampala, while serving as mayor of Kawempe Division solicited a gratification of sh100m from Kakumba, in exchange for him to influence Kawempe Division Urban Council, to nominate his son, Isaac Muyanja, for appointment as a member of the Kampala City Land Board. Prosecution further alleges that Munyagwa in the same period and place received $20,000 (about sh74m) and sh4m from Kakumba to nominate his son for the job.
Police records indicate that Munyagwa used Vincent Mulondo to approach Kakumba to ask for the money that he received. It further indicates that Munyagwa had received a letter from the then Minister for the Presidency, Frank Tumwebaze, asking him to nominate somebody to represent the KCCA Division Land Board. After some time, it is alleged that Munyagwa informed Kakumba that his son had been rejected because he was underage and, later, promised to compensate him with a piece of land in Kalerwe, a Kampala suburb.
According to the Police, a disagreement ensued between Munyagwa and Kakumba when the former mayor offered the latter a small piece of land, which he rejected. It is purported that Kakumba wanted the land plus some money. Failure to fulfil the requirement prompted Kakumba to lodge a complaint at Kabalagala Police Station and Munyagwa was arrested and detained, before he was released on bond.