The Inspector General of Government (IGG) Mrs Irene Mulyagonja Kakooza has denied that her office cleared the former Executive Director, Supervision at Bank of Uganda over illicit wealth accumulation.
She however contradicted her staff, when she said that the investigations are not yet complete, yet in November last year a one, Ms Twine Annet Kyakunda, the Director of Leadership Code, under whose docket the BAgyenda investigation falls, told this newsite that the report had been concluded and handed over to the IGG herself.
“That report is now complete and has been handed over to the IGG heself. It is now in the hands of the IGG herself for handling,” she said at the time.
However, speaking yesterday, May 2nd 2019, at the Uganda Media Centre, the IGG dismissed recent reports by some sections of the media that the inspectorate had cleared both Bagyenda and the BoU Deputy Governor, Dr Louis Kasekende.
A combative Mulyagonja, said the investigation was not yet complete, but hastened to add even when it is complete, unless there is a recommendation to prosecute Bagyenda, the report won’t be made publicly available.
“The law on investigations or verifications of income, assets and liabilities of public officials is very clear on what happens after a verification. If there’s no prosecution being carried out, we have no obligation whatsoever (to make the report public),” she said, in reference to the Leadership Code.
“When we carry out a verification of income, assets and liabilities, the report goes to the person whose income and assets have been verified. It does not go to the press or anyone else. That provision is very clear and unambiguous. Whoever is demanding for a report on Justine Bagyenda, or any public official, who is not under prosecution for illicit enrichment, please go and read the law so that your mind is settled” she said.
Asked if Bagyenda has been given the report, she said Bagyenda will get the report when the investigation is complete.
“In this case it is not yet complete, so the report cannot be given to her,” she said.
Previously under the Leadership Code Act (2002), the IGG was obligated to make reports public stating whether leaders under investigation were or not in breach of the code in respect of the specific matters inquired into.
But under The Leadership Code (Amendment) Act, 2017, the requirement to make reports public was removed. Instead, upon completion of an investigation, the inspectorate, where an act or omission constituting a breach of this Code has been discovered, is obligated to make a report and refer the matter to the Leadership Code Tribunal for adjudication.
However, the tribunal is yet to be constituted creating a legal void.
Where no breach has been discovered, the IGG is still required to make a report to the complainant or any other person as the Inspectorate deems fit.
But in cases where the investigation reveals an act or omission constituting an offence under the Code or any other law, the IGG is obligated to make a report to the Directorate of Public Prosecutions.
The audit into Bagyenda’s wealth followed a public outcry and whistleblower reports that Bagyenda owned several prime properties across the country and that she had carried out several and suspicious, transactions in billions of shillings, all of which were not commensurate to her official earnings.