The case underscores ongoing efforts by the Anti-Corruption Court to hold public officials accountable and combat financial misconduct within local governments.
The Anti-Corruption Court has sentenced a sitting Member of Parliament, Hon. Otukol Samuel, alongside three co-accused, for their roles in causing financial loss, theft, and conspiracy to defraud Namisindwa District Local Government.
Hon. Otukol Samuel, who also serves as a director in Samix Uganda Ltd and Zedkol Financial Services, was convicted on multiple counts of theft and conspiracy to defraud. The court sentenced him to 18 months’ imprisonment on one count of theft and 2 years on another.
On the conspiracy charges, he received sentences of 18 months and 2 years. In addition to the custodial sentence, he was ordered to compensate Namisindwa District a total of sh307,698,858. This amount comprises sh202,483,413 fraudulently obtained through Samix Uganda Ltd and sh105,215,445, representing half of the funds stolen through Zedkol Financial Services.
Mr. Odap Francis, the former Chief Administrative Officer (CAO) of Namisindwa District, was convicted on multiple counts of causing financial loss and conspiracy to defraud. He received prison sentences of 12, 14, and 8 months on the financial loss charges, and 12 and 14 months on the conspiracy counts. All sentences will run concurrently, resulting in an effective 14-month term of imprisonment.
Mr. Wamburu Willy, who served as Acting Chief Financial Officer, was also found guilty on similar charges. He was sentenced to 12, 15, and 10 months’ imprisonment on counts of causing financial loss, and 12 and 15 months on conspiracy charges. With sentences running concurrently, he will serve 15 months in prison.
Mr. Osire Ezekiel, a director of Zedkol Financial Services, was handed a non-custodial sentence. He was fined UGX 3.5 million and UGX 3 million on separate counts and ordered to compensate Namisindwa District UGX 105,215,445, equivalent to half of the funds stolen through Zedkol Financial Services.
In delivering the sentences, the court carefully weighed the roles and responsibilities of each convict, emphasizing the breach of public trust and the deliberate orchestration of fraudulent schemes. The court found that Mr. Odap Francis had approved fictitious invoices despite being the highest-ranking technical officer in the district, thereby abusing his office. However, mitigating factors such as his advanced age, ill health, and demonstrated remorse were considered.
Similarly, the court noted that Mr. Wamburu Willy initiated the fraudulent invoices and misadvised the CAO, abusing his dual role as Payroll Accountant and Acting Chief Financial Officer. His family responsibilities were taken into account during sentencing.
The court declined to issue compensation orders against Mr. Odap Francis and Mr. Wamburu Willy, determining that the misappropriated funds had ultimately been received by Hon. Otukol Samuel and Mr. Osire Ezekiel. It concluded that the sentences imposed were sufficient to meet the ends of justice and to serve as a deterrent against abuse of public office.
The case underscores ongoing efforts by the Anti-Corruption Court to hold public officials accountable and combat financial misconduct within local governments.
