Kawempe MP Mubarak Munyagwa has run to the High Court, to block his trial at the Anti-Corruption Court. Munyagwa, also the chairperson of the Parliament’s Committee on Commissions, Statutory Authorities and State Enterprises (COSASE) is accused of soliciting and receiving sh178m from businessman Francis Kakumba, to get his (Kakumba) son a Kampala Capital City Authority.
In a suit filed against the Attorney General (AG), Munyagwa has asked court to quash the decision of the Director of Public Prosecutions (DPP) to prosecute him on grounds that Kakumba withdrew the complaint. Munyagwa filed the case at the Civil Division of the High Court in Kampala yesterday, through Alaka and Company Advocates.
The DPP slapped three counts of corruption against Munyagwa, but he has never pleaded to the charges at the Anti-Corruption Court. The offence attracts a maximum penalty of 12 years imprisonment upon, conviction. An application filed by Munyagwa at the AntiCorruption Court to stay criminal proceedings is still pending before Chief Magistrate Pamella Ocaya.
Under the first count, prosecution alleges that Munyagwa in December 2014 at Haks Investment Limited, Sixth Street Industrial Area, Kampala, being a mayor of Kawempe Division, solicited for 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 Kampala City Land Board.
Prosecution further alleges that Munyagwa, in the same period received $20000 (about sh74m) and sh4m from Kakumba to nominate his son. Munyagwa contends that the DPP acted in bad faith, illegally and irrationally when he continued to prosecute him after the complainant had withdrawn the case. Munyagwa says he was in 2015 arrested and detained at Kabalagala Police Station for more than 48 hours contrary to the law.
Court documents indicate that on February 11, this year, Kakumba told the DPP that he had lost interest in the case and charges be withdrawn. Munyagwa is seeking an injunction restraining AG and it agents claiming and or acting through him from continuing to prosecute him. He also wants court to compel the AG to pay him damages due to physiological torture, mental anguish, inconvenience and pain occasioned to him and costs at the interest of 25% per annum.
Police records indicate that Munyagwa used one Vincent Mulondo to approach Kakumba to ask for the money he received. It is alleged 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 said 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 Kalerewe, a Kampala suburb. According to Police, a disagreement ensued between the two when Munyagwa offered the latter a piece of land, which he rejected. It is purported that Kakumba wanted the land, plus money
