Court has set October 3rd 2011 as the start date for the trial of former vice president, Prof Gilbert Bukenya. Bukenya is facing two separate charges of abuse of office and fraudulent practice.
In the second count, the former VP is accused jointly with Motor Care Uganda Limited, a company he allegedly helped secure a tender to supply 80 BMW vehicles and 1200 Police outrider motor cycles for the Commonwealth Heads of Government (CHOGM) in November 2007.
Bukenya has since denied the charges of the first case before Grade One Magistrate Sarah Langa. Today, Bukenya took plea on the second case and denied the charges.
Through his lawyers, MacDusman Kabega and Tumusiime Co. Advocates, Bukenya applied for bail and was released on the same conditions set in the first case.
In June, Bukenya was asked to deposit a cash bail of 50 million shillings. He was also asked to deposit his passport, while his six sureties were ordered to pay non-cash bail of 200 million shillings each. It is on these same conditions that Bukenya was granted bail today.
The six are Jessy Mukwaya and Felix Kabyanga, both business consultants; Henry Kaweesa, a community development officer based in Kakiri; Edward Mbogo, a farmer; John Seninde, an NRM mobiliser in Wakiso and Edward Fred Kasoma, the LC 3 chairperson for Buyingo sub county in Wakiso district.
Magistrate Langa also ordered that the directors of Motor care Limited be produced before court. Earlier on, Edmund Wakida representing Motor Care had presented Moses Banturake, a sales and marketing manager and Florence Sempebwa Makada, the Finance and Administration Manager, to take plea on behalf of Motor Care.
But in her ruling, Langa said the minds and brains of the company are its directors and Chief Executive Officers. She argued that if the officers mentioned fall in that category they should represent the company. But if not, the lawyer must cause appearance of directors as ordered by court.
Bukenya had challenged court that the charges were wrongly constituted. He had argued that the fraudulent act must be defined in the charge sheet. But the presiding magistrate overruled the objection saying the charges met the basic requirements of a charge sheet. She added that it was up to the prosecution to prove whether or not Bukenya connived with Motor Care to get a tender.
Prosecution alleges that Bukenya connived with Motor Care Uganda to commit fraudulent acts, when he awarded the company a contract to supply of 80 Units of BMW vehicles and 1200 RT Police outrider motor cycles intended for use during CHOGM. Offences were allegedly committed between July 2006 and November 2007, while chairing the cabinet subcommittee on CHOGM.
The case will resume on 3rd October when Motor Care Uganda will take plea before the hearing starts.
