Contribution of the judiciary in fighting against corruption in uganda. A case study of kampala central division in kampala district

Abstract

Corruption has been brought throughout the last decade to an important position m the development and political economy debate. It has been seen as a primary impediment to growth (Mauro, 2002) with dramatic consequences in the developing world. This analysis has been mainly founded on bureaucratic or public sector corruption, emphasizing in particular manifestations such as administrative bribery. This highlighting reflected the availability of cross-country indices of corruption that focus on bribery or other illegal forms of corruption and it echoed the conceptual underpinnings of the field (which has been viewing corruption as "abuse" necessitating an illegal act "of public office" a public sector centered definition "for private gain") 1 • However, it is increasingly widely accepted that corruption may arise through other less obvious forms, which may involve collusion between parties typically both from the public and private sectors hence it has been proved illegal in many countries. Legal lobbying contributions by the private sector in exchange of passage of particular legislation biased in favor of those agents or allocation of procurement contracts may be regarded as examples of interaction of both private and public sector representatives where the second makes use of her publicly invested power at the expense of broader public welfare. For example in the case of Mukula v Uganda2 , it was held that this appeal arises from the judgment and orders of the learned Chief Magistrate at th~ Anti Corruption Division, convicting and sentencing George Michael Mukula herein after referred to as the Appellant.." However in the case of Uganda v Namuyimba Shanita and Anor 3 Shanita Namuyimba (A I) and Meddie Ssentongo were convicted of two counts of conspiracy to defraud cors 309 of the Penal Code Act, while Shanita Namuyimba was convicted of Embezzlement cors 19 (b) iii of the ACA Cap 209.