The Anti Corruption Court in Kampala has made headlines with its recent decision to remand Dr. Byarugaba Baterana Bonaventura, the former Executive Director of Mulago National Referral Hospital, to Luzira prison. Dr. Baterana, alongside six others, faces serious charges related to abuse of office, specifically accused of causing a staggering 6.3 billion shillings loss to the government due to irregular and double payments.
This significant development unfolded on Wednesday during a court session presided over by Acting Senior Principal Grade One Magistrate, Abert Asiimwe, where the defendants were confronted with a total of 19 charges.Initially, expectations were that ten individuals would appear before the court, yet only seven were present.
Among those remanded alongside Dr. Baterana were Edward Kataha, formerly the Head of the Engineering Department at Mulago Hospital, Kenneth Wafula, a former Senior Administrator, and senior procurement officers Christopher Okware and Adah Kamucunguzi.
Additionally, directors and shareholders of Setramaco International Limited, Robert Wasike and Catherine Winfred Nabwire, faced charges for allegedly manipulating invoices to Mulago Hospital, resulting in payments for fictitious equipment and non-executed services.The allegations against Dr. Baterana and his co-accused stem from their roles as authorized users of the integrated Financial Management System at Mulago Hospital.
Prosecutors claim that between 2019 and 2020, they abused their authority by sidestepping payment protocols, leading to an irregular disbursement of 3.6 billion shillings to Setramaco International Limited. This money purportedly aimed to cover the supply of consumables for the servicing and repair of sterilization equipment purported to have a capacity of 1,500 litres, equipment which, according to the allegations, never existed at the hospital.
Jane Frances Abodo, the Director of Public Prosecutions, emphasized that such actions were prejudicial to the interests of both Mulago Hospital and the government of Uganda. The charges laid out by the prosecution further implicate Kataha and Okware in facilitating the controversial payments to Setramaco International Limited, allegedly without adhering to established procurement procedures.The involvement of Setramaco International Limited, represented by Wasike and Nabwire, is portrayed as central to the case.
Prosecutors argue that the company used its position to generate invoices for duplicate payments on non-existent equipment and unperformed services. Such practices, according to the DPP, resulted in substantial financial losses to the government, with the defendants purportedly aware of the fraudulent nature of their actions.
Further complicating the matter are allegations involving irregular certifications of non-executed works by Kataha and Wafula. These accusations suggest that the defendants falsely certified routine servicing and repair activities related to non-existent machinery, thereby facilitating additional fraudulent payments.
Adah Kamucunguzi, another accused procurement officer, faces separate charges related to her alleged circumvention of public procurement procedures during the procurement of services for the repair of sterilization equipment at Old Mulago, Kawempe, and Kiruddu hospitals. The prosecution contends that Kamucunguzi’s actions led to the irregular award of a contract worth 7.5 billion shillings to Setramaco International Limited, a move deemed detrimental to the employer’s interests.
Kenneth Wafula and Christopher Okware are also accused of flouting procurement protocols during the relocation and reinstallation of the Multi Ironer from lower Mulago to Upper Mulago. The prosecution asserts that their actions resulted in an irregular award of 196,521,630 shillings to Setramaco International Limited, contributing further to the financial strain on Mulago Hospital.
Moreover, the prosecution alleges that Dr. Baterana, alongside Eng. Kataha, Nyeko, Wafula, Okware, Kamucunguzi, and Perez Matanda, orchestrated multiple payments totaling 774,277,860 shillings for purported relocations. Prosecutors argue that these duplicate payments for works already allegedly paid for were knowingly orchestrated to cause financial loss to the hospital.
Consequently, Wasike and Nabwire face charges for allegedly receiving these funds on behalf of their respective companies, exacerbating the financial implications of the alleged fraud.In another instance, Christopher Okware and Adah Kamucunguzi are accused of breaching public procurement procedures during the financial year 2017/2018 at Mulago Hospital.
Their actions purportedly led to the irregular award of a contract worth 179,595,000 shillings to Convention World Limited for the procurement of molten blankets, guiding tapes, and conveyor belts for the hospital’s laundry unit. Prosecutors argue that these irregularities represented a clear abuse of authority and were prejudicial to Mulago Hospital’s financial interests.
Further allegations suggest that Dr. Baterana, Nyeko, Wafula, and Kamucunguzi facilitated double payments amounting to 179.5 million shillings to Setramaco International Limited. This occurred despite the contract for the same services having been awarded to Convention World Limited. Such actions, according to the prosecution, underscore a pattern of financial mismanagement and deliberate disregard for procurement regulations.
The court also heard allegations that Dr. Baterana, Okware, Kamucunguzi, and Matanda were involved in irregularly causing double payments of 196,656,750 shillings to Setramaco International Limited for the alleged relocation of steam cooking pans to Upper Mulago. This contract, originally awarded to Setramaco International Limited by Mulago Hospital, further exemplified financial mismanagement and potential wrongdoing on the part of the accused.
Additionally, prosecutors allege that payments totaling 198,871,300 shillings were made to Convention World Limited for the alleged relocation of steam cooking pans. Interestingly, this contract had also been previously awarded to the same company, further exacerbating concerns over financial mismanagement and potential collusion between parties involved.
Despite facing serious charges, all seven accused persons vehemently denied any wrongdoing during their court appearances. The prosecution, led by State Attorney Raymond Mugisa, assured the court that investigations into the matter were nearing completion. However, Magistrate Asiimwe declined to entertain their bail application, citing procedural complexities and the time required for due process.The decision to deny bail effectively meant that Dr. Baterana and his co-accused would remain in custody until June 24, 2024.
This outcome underscored the gravity of the charges and the stringent legal processes involved in such cases.Dr. Byarugaba Baterana first came under scrutiny in September 2022, following his arrest by the State House Monitoring Unit on allegations of abuse of office, embezzlement, causing financial loss, and fraudulent accounting amounting to 28.8 billion shillings.
The seriousness of these allegations prompted his subsequent interdiction by Dr. Diana Atwine, the Permanent Secretary of the Ministry of Health, over the multi-billion-shilling accounting scandals.Despite initial legal challenges due to health concerns, Dr. Baterana was eventually reinstated in 2023, only to later hand over office months later amidst ongoing investigations.
The complexities and implications of this case continue to reverberate within Uganda’s healthcare sector and broader governmental oversight.
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