Activists ask court to stop Kutesa from holding a public office

Kampala, Uganda | THE INDEPENDENT | Two activists have petitioned the High Court Civil Division for orders to compel Foreign Affairs Minister Sam Kutesa to vacate his office.

Sam Kyomuhendo and Ronald Tugume want court to declare that Kutesa is unfit to hold a public office over bribery allegations.

In his affidavit, Tugume states that while serving as the president of the United Nations Assembly in New York, Kutesa solicited and received a bribe of $ 500,000 around May 2016 and other things from former Hong Kong’s Home Affairs Minister, Patrick Ho Chi Ping.

The applicants contend that Kutesa’s conduct contravenes some laws in the Constitution and the Leadership Code Act of 2002. They also state that Kutesa’s conduct compromises his integrity and is harmful to public good

According to Tugume, the minister reportedly received the bribe on May 6th, 2016 from HSBC Bank in Hong Kong through an intermediary Deutsche Bank in the New York to StanBic Bank.

In exchange, the Minister reportedly promised to help Patrick Ho Chi Ping access president, Yoweri Museveni and gain advantage for his business Company contrary to Ugandan laws.

The applicants contend that the said bribe was characterized as a donation or contribution for a ‘foundation’ that Kutesa wished to launch such that the Energy Company would support the re-election campaign of President Museveni whom the minister referred to as his brother in law.

On his part, Ho reportedly emphasized that the Energy Company expected assistance from Kutesa with respect to ‘major projects’ ranging from infrastructure, energy, agriculture, finance and banking in Uganda.

Kutesa is accused of assuring Ho that President Museveni would work with the Energy Company on various projects, including the potential sale of a ‘Ugandan Bank’ to the Energy Company.

The applicants also accuse the agents of the Attorney General who is also a respondent in the matter for failing to investigate and prosecute Kutesa in as far as the law of equality is concerned.

A US judge found Ho guilty on March, 26th, 2019 and sentenced him to three years in jail on two counts of International money laundering.

Justice Lorreta .A. Preska also found Ho guilty of four counts of violating the Foreign Corrupt Practices Act   , FCPA by his actions.

Trouble for Ho started when he reportedly bribed African leaders including President, Idriss Deby of Chad   with $2million ( 7.5 billion ) in gift boxes  after arranging a meeting with him  to Secure oil rights for  the Chinese Conglomerate.

This is not the first time activists are suing Kutesa seeking a declaration that he is not fit to hold public office.

On December, 18th, 2018, Brian Atuheire, a Political Activist filed a case seeking court to compel the Director of Public Prosecution to institute criminal charges against Kutesa.

This case is fixed for hearing before Justice Dr. Andrew Bashaija on May 13th, 2019.

President Museveni has since admitted that indeed Kutesa received the money in question, but the minister told him it was a gift.

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