By Our Reporters
The IGG report into allegations that High Court Judge Kibula Elizabeth Kabanda chewed allowances meant for her driver Matiya Akantorana and body guard Jimmy Eyou is out and the Ombudsman wants Judicial Service Commission (JSC) Benjamin Kabiito to take disciplinary action of the Judge. Having completed her work, the IGG has forwarded the report to Justice Benjamin Kabiito urging him to take appropriate disciplinary actions against Kibula and other officials implicated including Mpigi High Court Accounts Assistant Geoffrey Jjagwe who must refund Shs3m.
The IGG also recommends severe disciplinary action against Jjagwe for forging accountabilities regarding money he purports to have paid to the driver and body guard whose signatures were forged and money eaten on their behalf during Kibula’s criminal session period in Mpigi. On page 4, the report shows that Mpigi High Court Registrar Her Worship Jolly Shwanda Nkore (on whose Stanbic Bank Account number 9030005922916 the Shs29.9m was deposited on 25th August 2016) implicated Kibula by confessing that “these funds were spent under the guidance of Justice Elizabeth Kibula Kabanda.”
In another instance, the report shows that “Justice Kibula received facilitation worth Shs7.65m for 45 days while [her driver] Akantorana Matiya and [body guard] Eyou Jimmy were respectively facilitated for 46 days amounting to Shs2.53m for Akantorana and Shs4.14m for Eyou.” The report adds that whereas this much was released through their boss, the two subordinates received much less. The IGG also discovers that the Shs2.39m purported to have been paid to Eyou on 3rd October 2016 was based on forged signature as the man never received any money.
The signature specimen was submitted for scientific analysis to the handwriting expert who confirmed the forgery. In his 14th February 2018 report, the hand writing expert further showed that for the case of the driver Akantorana, his signature was forged to account for another Shs220,000 that was supposed to have been paid to him on 13th October 2016. Yet insisting on his 22nd April 2017 records, Mpigi Accounts assistant Geoffrey Jjagwe insists he paid the duo cash.
The IGG concludes that whereas Jjagwe and Nkore can’t escape culpability regarding all this, “these funds were spent under the guidance of Justice Kibula Elizabeth Kabanda.” The report adds, further implicating the High Court Judge, thus: “The Criminal Sessions were budgeted to last for 40 days but they lasted 46 days. Justice Kibula was facilitated for 45 days while her driver and body guard for 46 days. Signatures on payment vouchers allegedly signed by Eyou and Akantorana on 3rd and 13th October 2016 were found to be unauthentic. It’s therefore unlikely that these funds reached the beneficiaries.”
The IGG asks JSC’s Kabiito to ensure the funds worth Shs2.39m are recovered from Kibula and other officials and duly paid to Akantorana and Eyou. “The judiciary should take disciplinary actions against Jjagwe Geoffrey for falsification of accountability.” Jjagwe should also cough another Shs400,000 that was due to Eyou and Akantorana covering transport refund costs for the period between 19th October and 9th November 2016 because it was siphoned basing on their forged signatures.
The IGG also finds that while on the Mpigi criminal session, Kibula and Nkore were paid supervision allowances for three months-October, November 7 December 2016. That Kibula was paid Shs1.5m and Nkore Shs1.1m. The IGG, however, exonerates Kibula by noting that body guard Eyou and driver Akantorama were wrong to complain about this because drivers and body guards aren’t entitled to supervision allowances because they supervise no one.
The IGG also exonerates Justice Kibula on the duo’s claim that they were entitled to settlement allowance during the Mpigi assignment which she allegedly withheld from them. The IGG holds that they aren’t entitled to such. On the Mubende session, the IGG faults Kibula for not duly communicating to Secretary to Judiciary Kagole Kivumbi asking for a replacement when her driver Akantorana absconded from duty on dropping her in Mubende on grounds that his back was crippled. Quoting Kagole, the IGG notes that the standard practice is that a Judge must have a driver at all times and wonders why Kibula remained silent when she clearly knows this entitlement.
The IGG consequently dismisses Kibula’s claim that the driver was sick as deliberate falsehoods since she never communicated to Secretary to Judiciary Kagole Kivumbi who is supposed to have given her a new driver instantly. On March 16th 2017, Akantorana unexpectedly reported to the Judiciary transport officer seeking redeployment having irretrievably fallen out with Kibula. Still on Mubende, the IGG finds the Judge at fault by stating that: “she was paid allowance for 42 days contrary to the schedule of payments which indicates that she was paid for 40 nights.”
The IGG recommends that Kibula must refund Shs340,000 covering the extra two nights that were improperly paid for. Since there is no record showing absence from duty, the Judiciary should pay the driver and body guard their allowances from 31st January to 15th March 2017. The IGG also rejects Kibula’s explanation that Eyou’s upcountry travel allowances should be paid to Peter Akabwai who replaced him for the months of October 2016 to March 2017. Gratefully it’s a small figure of just Shs180,000 which the IGG says must be retained for Eyou and not Akabwai. The IGG specifically demands this cash should be vomited by Kibula back to Eyou.
