Ex-Mulago ED Byarugaba’s case resumes today

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The case in which former Mulago Hospital executive director, Dr Baterana Byarugaba, and six others are accused of causing a sh14b loss to the Government, resumes today (February 4, 2025) at the Anti-Corruption Court in Kampala.

Other accused persons are former senior hospital engineer Edward Kataha, former hospital senior accountant Charles Mwasa, former senior hospital administrator Kenneth Wafula, senior procurement officer Christopher Okware, former procurement officer Adah Kamucunguzi, Setramaco International Ltd directors: Robert Wasike and Catherine Winfred Nabwire.

Principal magistrate grade one, Paul Mujuni, is handling the case. The accused are being represented by lawyers David Kamukama, Joseph Luzige, John Musisi, Rogers Katunguka, Zahara Tumwikirize, Saad Seninde and Enock Kaluba.

The accused, who are out on bail, have since denied the charges of abuse of office, contrary to Section 11 (1) of the Anti-Corruption Act and causing financial loss, contrary to Section 20 (1) of the same Act.

The offence of causing financial loss, attracts a maximum sentence of 14 years’ imprisonment, on conviction, while abuse of office elicits a seven-year jail term.

Allegation

It is alleged that Byarugaba, Nyeko and Mwasa between 2019 and 2020, at Mulago Hospital, being employed by the Government and authorised users of the Integrated Financial Management system, abused their respective offices and flouted payment procedures by irregularly processing payments of over sh3b to Setramaco International Limited.

The money was purportedly paid for the supply of consumables to be used in routine servicing and repair of large-size sterilisation equipment of an alleged capacity of 1,500 litres, which never existed at the said hospital; an act was prejudicial to the interests of their employer.

Kataha and Okware between 2019 and 2020 are accused of irregularly requisitioning for sh3b to be paid to Setramaco purportedly to supply consumables to be used in routine sourcing of non-existing large-size autoclaves with and alleged capacity of 1,500 litres, without following established procedures. This is said to be an act that was prejudicial to the interests of their employer.

Furthermore, Wasike and Nabwire being stakeholders and directors of Setramaco allegedly have used their company to invoice Mulago Hospital to pay sh3b for a purported supply of consumables for non-existent autoclaves with the capacity of 1,500 litres. This, according to documents, happened during the financial years; 2015/2016 and 2016/2017 at the offices of Setramaco.

According to the charges, the invoice generated by Wasike and Nabwire was based on fictitious supplies and, therefore, allegedly caused a loss to Mulago Hospital.

In another count, Byarugaba, Nyeko and Mwasa, between 2019 and 2020, allegedly irregularly processed sh1.5b for public payments without following proper procedures, thereby causing a loss to Mulago Hospital.

Also, Nabwire and Wasike allegedly used their company (Setramaco) and issued an invoice of sh1.5b claiming that it was payment for routine servicing of autoclaves that was undertaken by their company, whereas not.

The two are also accused of receiving a double payment of sh186.9m allegedly for fixing molten blankets, guiding tapes and conveyor belts at Mulago, as well as receiving sh196.6m in duplicate payments for allegedly relocating steam cooking pans yet no works were executed.

Kamucunguzi is being accused of flouting procurement procedures during the repair and servicing of sterilisation equipment at Mulago, Kawempe and Kiruddu hospitals as well as supply of consumables resulting in an irregular award of a sh7.5b contract to Setramaco.