Flynote

Court of Appeal-Criminal law – corruption – abuse of office – public procurement – due diligence – standard for criminal liability – conspiracy to defraud – financial loss to government – evidence of loss – theft – uttering false documents – jurisdiction of Inspectorate of Government – procedural validity of indictment – appeals against conviction and acquittal.

Case Summary

In a landmark judgement, the Court of Appeal has upheld the acquittal of former Minister Eng. Abraham Byandala, dismissing the Prosecution’s appeal and affirming the High Court’s decision that he did not abuse his office or disobey lawful orders in the controversial Mukono-Katosi road procurement scandal. The court found that Byandala acted within his ministerial mandate and that due diligence in public procurement can legally occur even after contract signing.