The Anti Corruption Division of the High Court has allowed the prosecution to amend the indictment against former Trade Permanent Secretary Geraldine Ssali and five co accused in the Shs3.8 billion fraud and money laundering case.
Justice Jane Kajuga Okuo ruled that the amendment was made at an early stage of the trial, before any witnesses had testified, and would not prejudice the accused since they had already been served with the amended indictment.
The judge also found that the new charges, particularly Counts 6, 7 and 8 relating to money laundering, were supported by evidence presented by the prosecution.
The ruling came after defence lawyer Caleb Alaka objected to the State’s application to amend the indictment, arguing that any changes should remain within the summary of evidence served on the accused when they were committed to the High Court.
Alaka particularly challenged Count 8, which relates to money laundering, arguing that the prosecution had improperly combined amounts cited in other counts to create a new charge.
He also objected to amendments reducing the amounts cited in some of the charges, arguing that the changes were not supported by the summary of evidence earlier served on the accused.
The accused include Igara East MP Michael Mawanda, Elgon County MP Ignatius Wamakuyu Mudimi, lawyer Julius Kirya, Busiki County MP Paul Akamba and Leonard Kavundira.
Prosecutors allege that the group played various roles in the irregular processing and payment of funds under government programmes administered through the Office of the Prime Minister.
At the centre of the case is a disputed Shs3.8 billion compensation payment to Buyaka Growers Cooperative Society in Bulambuli District, which the prosecution says was irregularly approved and paid.
According to the State, Ssali, in her capacity as accounting officer, authorised the inclusion of the cooperative on a compensation list despite it not appearing in the approved supplementary budget.
She is also accused of sanctioning payments to Kirya & Co Advocates in contravention of established Treasury procedures, allegedly causing financial loss to government.
The prosecution further alleges that between 2019 and 2023, the accused conspired to defraud government of up to Shs3.4 billion. Mawanda is accused of receiving Shs1 billion purportedly to clear cooperative debts, in addition to Shs200 million linked to a legal settlement.
Kavundira, meanwhile, is accused of influencing internal decisions within the ministry, including the change of legal representation. All the accused denied the charges.
The proceedings had previously been delayed after Akamba petitioned the Constitutional Court, alleging that he was tortured during his arrest. With the indictment now amended, the ruling is expected to pave the way for the substantive trial to proceed, including the hearing of prosecution witnesses and presentation of evidence.
Ssali, once one of the senior technocrats in government, is now at the centre of one of the closely watched corruption cases involving senior public officials and politicians.
