IEBC ICT Manager Msando disappear days ahead of the polls with similar reports to the Juma killing!

Just as the drama continues called the General Election of 2017 and the 8th August polls in Kenya are getting closer. The drama continues, yesterday it was action-packed Sylvester Stallone character who forced himself in DP William Ruto’s estate with a panga, fought an Armored Personnel Carrier, started a gun-fight and was able to be hidden on the compound. While fighting security guards from GSU and also the possible specialist officers from Recce Squad. If it sounds benign and like a Statham action movie, it is because it is and both statements from IGP Joseph Boinnnet sounds unreal.

Therefore, as the 900,000 extra ballots are printed and the Jubilee Government needs some diversions, again a person is all of a sudden gone. This time the head of the different parts of the digital infrastructure of the General Election and a vital part of the Independent Electoral Boundaries Commission (IEBC) ICT Manager Christopher (Chris) Msando, are just abducted and taken away on Friday night! Just days ahead of another election in Kenya. It seems weird how close and by what means that he is gone.

This was reported earlier today:

Chris Msando, who is also acting ICT director, lives in Nyayo estate. He was last seen on Friday night, chairman Wafula Chebukati said in a statement on Sunday. “The last communication from him is an SMS sent to one of his colleagues at around 3am on Saturday morning,” Chebukati said. He added the content of the SMS suggested Msando was conscious and fully aware of his itinerary for the day” (Agutu & Nyaudi, 2017).

EBC’s acting Director of ICT, Chris Msando, has been reported missing since Saturday. According to people in the organization, the acting director who stays in Nyayo Estate has been missing with no trace as to where he went or has been since yesterday. CID probe shows missing IEBC ICT manager last seen Friday 2.30am driving on Mombasa Rd accompanied by female passenger” (Udaku, 2017).

Missing IEBC ICT deputy director Christopher Musando was last seen at Anniversary Towers at about 10pm on Friday, police say” (Kenya Citizen TV, 30.07.2017).

So the reports are steady, but is suspicious timing, as the ICT Official and head behind vital programs for safety of the digital polls are sudden gone away. This just a week ahead before the polls. This is showing the problems within the IEBC and the Jubilee Party. Because in May 2016, this was how it was described about Jacob Juma, just to remind yourself how history repeats itself!

The police recently revealed that Jacob Juma was last seen with a female partner. Apparently, Juma had hosted the lady at his apartment in Westlands before dropping her in town at around 8pm. For obvious reasons, the police did not reveal the identity of the lady” (Ken, 2016).

NAIROBI, Kenya, May 6 – Controversial businessman Jacob Juma was shot dead by gunmen while driving to his Karen home in Nairobi on Thursday night. Police say he was blocked and shot several times, but nothing was stolen from him, according to a report filed in the Occurrence Book at the Karen Police Station” (Capital FM, 2016).

So the similarities between the Chris Msando and Jacob Juma. We can hope that he isn’t an extra-judicial killing, because he didn’t want to deliver to the aspects of rigging that the central leadership of the IEBC wanted him to do. But the abduction and the responses from IEBC and the media has been alike. That is worrying. With the manner of the killings in Kenya. There are still no answers to what happen a Bomas when compared to the death of CS Joseph Nkaissery, that is still unanswered and not looked into.

So, today the alarm should ring, when the state and the Electoral Body comes with similar reports than to the ones who has already fallen. Not that I hope Msando is dead, but the possibility is there. Since Juma was seen with a lady and gotten killed. The same now happened with Msando. We know nothing about what happen at some point during the weekend. He was seen in town earlier in the day with a lady and in the evening at Anniversary Tower, than at Saturday Morning was the last SMS from Msando. So the timeline is there, but there are empty slots and the activity from early Saturday morning to Sunday is still unclear.

Therefore, the missing ICT Manager and IEBC Official who has lots of information on the digital polling and the digital ballots. This will be important when revealing the winner and the result of the votes in the coming days. Msando’s electoral system would be vital and the KIEMs system. You know it is serious when the two phone-lines of the man is missing together with his Land Rover Discovery. There is clearly someone trying to put him silent.

We will see where this goes, but this proves that Jubilee is putting up the ante for victory. Now even IEBC Official vital to the ballot exercise on the 8th August 2017 is missing, this happening days before it. Together with other acts of diversions. Since the ballot scandal of ordering 900,000 to many ballots and secondly, the secret military operations looming. Certainly, the Jubilee does whatever it can run government at any price. Time will tell how this saga goes… Peace.

Reference:

Agutu, Nancy & Nyaudi, Lewis – ‘ IEBC’s ICT manager Chris Msando goes missing, probe on’ (30.07.2017) link: http://www.the-star.co.ke/news/2017/07/30/iebcs-ict-manager-chris-msando-goes-missing-probe-on_c1607002

Capital FM – ‘Businessman Jacob Juma shot dead in Nairobi’ (06.05.2016) link: http://www.capitalfm.co.ke/news/2016/05/controversial-businessman-jacob-juma-shot-dead-nairobi/

Ken – ‘Cheryl Kitonga: The Lady Who Was With Jacob Juma The Night He Died (PHOTOS)’ (24.05.2016) link: http://nairobiwire.com/2016/05/cheryl-kitonga-the-lady-who-was-with-jacob-juma-the-day-he-died-photos.html

Udaku – ‘IEBC Acting Director of ICT Chris Msando Reported Missing with no trace’ (30.07.2017) link: https://www.udaku.co.ke/2017/07/30/iebc-acting-director-of-ict-chris-msando-reported-missing-with-no-trace/

Kenya: Second Police Statement on the Panga Man skirmish at DP Ruto’s Sugoi estate (30.07.2017)

Out of Hollywood: A One-Man Action-Hero with a Panga starts a gunfight at DP Ruto’s home!

Deputy President William Samoi Ruto left already in morning for a Campaign rally in Kitale. Because after the early reports the home of the Deputy was filled with the Reece Squad and GSU Officers who was checking the place. They we’re there the whole day. Which all seems strange how quickly they could surface and fix the problems. This happens the day after the revealed Kenya Defense Force Operation Dumisha Utulivu, whom the army and the government kept a secret. Therefore, the next day after the revelation, the Jubilee and the government could spin-it. It seems so, since the first reports are of gunshots and violence, while the latter are a machete assailant, who had special skills to trick GSU officers and possible the Recce squad present as well. Since this is supposed to be one of the most guarded houses in the Republic, since the VP reside here. Just take a look!

Reports Hours Earlier all over Kenyan Media:

Witnesses said the gunmen are Somali and that they had pretended to be selling sheets. They said the attackers burned the guard’s house after getting into the compound. A GSU officer guarding the gate was shot and injured and his gun snatched before fighting began. A corporal in charge of the home’s security was killed” (Ndanyi, 2017).

Capital FM report:

The officer’s gun was also stolen during the attack that occurred shortly after the DP left for Kitale for a rally with President Uhuru Kenyatta. “There are armed people who staged the attack and have shot the GSU officer and stolen his gun,” a security official said, but was uncomfortable being named because he is not authorized to brief journalists on matters touching on the DP’s security or his home” (Capital FM, 2017).

IGP Joseph Boinnet Statement about it:

Today at about 12.00 noon, an individual approached the outer gate at HE. The Deputy President’s rural residence in Sugoi, Usain Gishu County. In circumstances that are yet unclear, he hit an officer on duty severally with a machete and managed to enter the farm complex. Other officers were quickly mobilized and the intruder was forced to hide at a building that is still under construction next to the gate” (…) “HE. The President was neither at the residence nor any member of his family at the time and the residential house secure. The injured officer is undergoing treatment and is in stable condition. Specialist officers have been deployed to deal with the intruder” (Kenya National Police Service, 29.07.2017).

To put in perspective, a panga or machete wielding fellow has the capacity to start a gunfight, pass through one of the best gated houses in the Republic with well-trained security officer down. Stealing the guns he posses and passes through the gates. While inside the gates making a gunfight with the stolen gun. Seems like the pretending Somali Sheets salesmen was a trained panga user who could be able to assault an GSU Officer and proceed through the gates. Than, to hold a gunfight with a stolen gun, you need to have enough ammunition to keep it up and balance the shots of the Security Officers. It all seem far-fetched, a dream scenario and a bit to Hollywood for real life.

We can question this, because of the timing, the ability of the security forces to show-up and also the planned campaign rally appeared at the Kitale Stadium in Kitale Town in Trans Nzoia County.

Therefore, without any worry or problem the DP could state this:

Our aim as Jubilee is to transform the lives of Kenyans through the initiation of projects that have a direct impact on their lives. But if you ask our opponents the plans they have, they will only tell you they want to remove Jubilee from power,” said Mr. Ruto” (…) “Those in Opposition just want to get into power but have no agenda or any plan for this country,” added the Deputy President” (William Samoi Ruto, 29.07.2017).

If he had been worried and if the President would worry, they wouldn’t have gone ahead wit their rally and common address of the opposition. So why blow this one up, even international media ate this one up. Not strange because the Kenyan DP could have been danger. Instead, he was safe and sound on the campaign trail. If he was worried and feared for the attack, the DP would have been informed and actually canceled the rally for safety reasons.

However, there wasn’t anything to fear, since the panga Terminator, James Bond and Rocky Balboa in the flesh who made himself a good-damn action hero at the compound of the DP. Couldn’t be as great as the reports said. But that is just me and others who are suspicious… of the sudden effort to establish troubles in one of the homesteads of the DP. That just seems like a bad Hollywood action movie with a very bad plot. Wannachi’s Diversion or something like that should be the title. Good Night Hollywood and Good morning reality! Peace.

Reference:

Capital FM – ‘GSU officer shot during attack at DP Ruto’s Sugoi home’ (29.07.2017) link: http://www.capitalfm.co.ke/news/2017/07/gsu-officer-shot-attack-dp-rutos-sugoi-home/

Ndanyi. Mathews – ‘Ruto’s Sugoi home attacked, three gunmen and cop killed’ (29.07.2017) link: http://www.the-star.co.ke/news/2017/07/29/rutos-sugoi-home-attacked-three-gunmen-and-cop-killed_c1606660

Statement by the Ministry of Defence on the Alleged Intended Deployment of the Kenya Defense Force to Rig General Elections (29.07.2017)

President Kenyatta and Jubilee preparing [Operation Dumisha Utulivu] the army [KDF] before the election, what else has the President hidden?

I know it is just days before the Kenyan General Election on the 8th August 2017, where the Jubilee Alliance Party (JAP) and National Super Alliance (NASA) are contesting, there are other parties and independent candidates, but these two are the stars of the show and the world knows it. In the midst of this army is having secret part of the show, that revealed today by NASA head Raila Odinga and verified hours later by Defense Spokesperson. Therefore, the Operation Dumisha Utulivu, says a lot about the fears President Uhuru Kenyatta and Deputy President William Ruto has for their future. Since they have to deploy and use the army in the midst of peaceful and possible balloting in the Republic.

That a secret operation Dumisha Utulivu are compelling clear cut evidence of the secrecy and the devious ways of controlling people ahead of the election, its like the KDF had to silence former CS Joseph Ole Nkaissery to able to behave this way, because his no-nonsense political framework wouldn’t have accepted this. Even if he was destructive towards to the demonstrations, he still wasn’t the man to do this in the shadows of the people.

The operations seemed to be stationed in Central Region, Thika Town, Murenga Town, Kerugoya Town and Nyeri Town. These with their own Commander on post, which also the Central Command could contact and brief during the operation. Key places to secure was Power Lines, Kenya Powers, Rural Areas, Special Transit Goods, Nairobi Town Centre, Mathare Slums, Kibera Slums and the State House. That is just some of the initial reports of the planned operation. Which shows the intent to control and make sure the intimidation is there.

What also shows the intent of control is that the Operations needs 6 Armed Personnel Carriers, 2 Toyota Land Cruiser with Closed-Signal Frequency Jammers and 4 Portable Antenna Desk Jammers. They needed other equipment as well, but the proof of wanting to shut-down radio and jam the signals. Proves that the army planned to silence the airways and also control the message. That is more hostile, than just securing the peace.

There was also various numbers of officers, soldiers and other mentioned in the planned operation, but the clarification is up to military specialists to look into. What is known is that the KDF was involved directly and had a shadow of plan. Where they would initial interfere in the General Election, where they would be stationed in important parts of Kenya and have missions. As well as securing infrastructure and telecommunications. This is coming as the Police and Communication Authority, has in the recent month warned the public of Social Media use and not create a uprising. This is all co-existing and cannot been seen two separate moves by different authorities.

The Jubilee under leadership of the President and Deputy, has seriously undermined their role as peacekeepers, when they have while governing, unleashed a secret army operation and keeping mum about the armies intervention into the political sphere. This is worrying for the days ahead, since the secrecy and the effort already done. Can show the possible reach and show how far Kenyatta and Ruto will go to stay in power. As they are without any trouble and without consideration of the implications unleashing the army with their weapons, their techniques and their possible missions to interfere can really silence the media and the telecommunication. That is just the possibility, not necessary what will occur, but who knows? No-one knew the Operation Dumisha Utulivu yesterday, who knows what else the President has hidden behind closed doors? Peace.

Kenya: Kenya Defense Force preparations before the General Election August 8. 2017 or “Operation Dumisha Utulivu” Documents

 

My honest letter to the now lost Hon. Beti Kamya!

Dear Beti Kamya!

There are so many words to describe you right now, but I will be frank and honest. Since you have turned 360 around. It seems like in your lifetime you have gone from a fierce critic of President Yoweri Kaguta Museveni. To accept being a Minister in his bloated Royal Cabinet in the 10th Parliament in charge of the Ministry of Kampala. Where you are sanctioning your wisdom, controlling the City Hall and Kampala Capital City Authority (KCCA). You seem to enjoy playing cards with Executive Director Dr. Jennifer Musisi and Lord Mayor Erias Lukwago. The role of Minister seems to fit you well, since you prefer ordering, not guiding or leading. That is why you suddenly have said this during the last two days, which is both flabbergasting!

Hon. Beti Kamya says Museveni is a gift from God who should rule beyond 75 years. She says age limit must be lifted” (NTV Uganda, 21.07.2017).

For the little time I have worked with the president, I find him, a very informed and tolerant leader. I sit in cabinet every Wednesday, but actually I think he is more intelligent than cabinet combined. Therefore, you just can’t do away with him,” Beti Kamya” (The New Vision, 22.07.2017).

You have in the past asked if President Museveni had a heart, she wrote a piece on that in 2008. I think you have forgotten that, aye? Also, you said this in 2011: “We must get rid of Museveni by all means because he has become a Monster”. Seem like heart has change and your mind at the same started to praise the man with no heart and who you said was a monster.

In the past you have worked against him, back in the day even been a part of the Reform Agenda and part of the Forum for Democratic Change (FDC) before joining your own struggle with the Uganda Federal Alliance (UFA). With your recent statements you can wonder if you have forgotten this history. Since your statements now counter all what you worked for in the past. The 360 is to visible and unbelievable. Your like a political Mwenda. Andrew Mwenda was a starch critic against the NRM and Museveni at KFM Radio, but over the years he is sounding more like crony and a partisan support of the regime. Now the same has happen to you!

Beti Kamya, I wonder how does it feel to trade your values and political beliefs for the safety and being loyal to the regime despised. Seems like you traded away all of your belief of who the President was for something else. You were a critic with finesse and words. Now Beti, you are crony and praising him onto levels beyond reasoning. Since, you who knows his track-record and his past. Knows that your words aren’t true.

President Museveni is only using Honorable Kamya, you might not want to hear this, but that is the fact. He is using you and your former stances, to prove that he cannot be so bad after all. Since has given way and let you inside his cabinet and fold. You who was a fierce critic and said he had no heart and was monster. So when you this week says he is “gift from god”, “tolerant leader” and “I think he is more intelligent than cabinet combined”. We know something has changed you and busted your brains.

If he was a gift from god, would he need to rig the elections? Would he need to kill innocent people in Kasese? If he was a tolerant leader, why is the FDC leadership near prison sentences every time they conduct public meetings? If he is so intelligent, why does is his NAADs, SACCOs, Youth Livelihood Project and all other public schemes fail?

You should already know this, but your hooked on the power of your ministry and want to be a loyal subject. You want the good graces, you want the services provided and police security of your home. You want the paid SUV, the perks of an MP and become a giant in politics. An by doing so you had to align yourself with your enemy. That you have done Beti and very well. You now sing of praise and begs for his mercy. Your of joy of getting all of this. Therefore, you are praising him to make sure he doesn’t take it away.

That is his wisdom, he got you and your taken by him. He knows this since your in his hand and he knows as long as your there. You wouldn’t dare rebel or act all out. Even if that was your core belief. Since you are there, you have traded it all and given him, you as a platform and you let him use you. This is sad, very sad, it is astonishing that you have let him. Alas, there we are and this is what we see.

You have gone from being a true opposition, a fighter for justice and democratic values, to become a spineless crony of Museveni. How surely you must be proud of yourself! Peace.

 

Best Regard

Writer of Minbane

OAG Muwanga explains in two reports problems and errors within the Petroleum Industry!

The Auditor General has two reports on the Petroleum Industry and the issues of Petroleum Data and the Petroleum Fund. The errors of the state, the PAYE of the tax to URA. Proves that the monies earmarked for the Petroleum Fund, ends up in the Consolidation Fund. This is proof of the problematic use of the added taxes before the oil adventure really takes off and the drilling of the explored blocks in the Lake Albertine Basin. Where already different international companies have come to drill and the state is making a petroleum pipeline to Port Tanga in Tanzania. Therefore, these vast resources and possible taxes created by the industry and within the Republic. Still, the default problems that the Auditor General address can be fixed. It is just a matter of morals and actually following guidelines. Some are even set in the Public Finance and Management Act of 2015, so if for instance URA follows it, the problems of transactions into wrong fund can create payment arrears and also future problem of spending by the state. Since the misuse of funds and taxes can be allocated to other than what they was expected, as the Consolidation Fund has other uses than the Petroleum Fund. Just take a look!

Petroleum Fund:

For the six months ending December 31, 2016, the Fund received non tax revenue worth UGX 922,348,854 (USD270,900) as surface rental fees from Tullow Uganda Operations Pty and Total E & P Uganda” (OAG, P: 7, 2017).

It was however noted that monies collected by Uganda Revenue Authority (URA) under the income tax on income derived from petroleum operations such as PAYE, VAT and WHT is not being remitted to the Uganda Petroleum Fund. This contravenes the Public Finance and Management Act 2015” (…) “In their opinion PAYE is not tax charged on income derived from petroleum operations but paid by the employees and as such it had been excluded from the definitions of petroleum revenues. Arising out of the above it was established that UGX.l1,390,530,053 collected through the commercial banks and remitted to the consolidated fund should have instead been transferred to the Petroleum Fund. Management has promised to remit it to the Petroleum Fund before closure of the financial year 2016/17” (OAG, P: 10, 2017).

During the period under review, the fund received USD 270,900 (Two hundred seventy thousand, nine hundred dollars) in respect of surface area rentals consisting of USD 113,400 (One hundred thirteen thousand, four hundred dollars) paid by Total E& P Uganda for the development areas of Ngiri, Jobi-Rii and Gunya and USD 157,500 was paid by Tullow Uganda Operations Pty Ltd for development areas of soga, gege, Kasemene, Wahrindi, Nzizi-Mputa & Waraga, and Kigogole- Ngara Unrealised foreign exchange gains worth UGX 15,093,435,449 have been recognised in the Statement of Changes in Equity. These arose from translating the USD opening balances and revenue collected during the period into UGX at the closing rate for reporting purposes” (OAG, P: 14, 2017).

Petroleum Data:

The oil companies did not fully comply with submission of reports relating to their drilling, exploration activities and operations as required. Delays and non-submission of reports results in an incomplete database which may reduce the effective use of the database in petroleum resource management” (OAG, P: vi, 2016). “The shortcomings in the management of petroleum data by the Ministry of Energy and Mineral Development may affect the completeness of the data on the existing petroleum potential, extent of reserves, and amount recoverable thus reducing Uganda’s ability to maximally exploit and benefit from its oil and gas resource potential. A thorough understanding of the resource base and its geographical distribution informs key decisions on the rate of exploitation and potential future revenues” (OAG, P: viii, 2016).

This should all be worrying that the State and the Industry isn’t sufficiently ready for the activity, as the URA cannot even allocate funds correctly. This is even before the Petroleum Data is taken care of and made sure that the exploitation and drilling happens where the best well is within the block. Secondly, the real value of the reports and the licenses that the state would offer to the companies. That because the flow of data and the status of it wouldn’t be where it could be. This is losses created by maladministration and lacking will of institutionalize the knowledge. Instead, the Petroleum Industry is controlled and has just a few handshakes away from the State House. That is why the URA might have delivered the funds to the Consolidation Fund instead of the Petroleum Fund. All of the potential might be wasted in the lack of protocol and care of resources management that is needed in the Ministry of Energy and Mineral Development (MoEMD).

The recommendations and the looks into the issues should be taken serious by the Petroleum Industry and the MoEMD. So the state could both earn more on the industry and also create more positive growth through the provisions that is already made in Public Finance Management Act (PFMA) 2015. So time will tell if they will be more reckless, if they will listen to the OAG or if the Presidential Handshakes will steal it all for keeping the NRM cronyism at bay. Peace.

Reference:

Office of the Auditor General Uganda – ‘REPORT OF THE AUDITOR GENERAL ON THE FINANCIAL STATEMENTS OF THE PETROLEUM FUND FOR THE SIX MONTH PERIOD ENDED 31sT DECEMBER 2016’ (07.06.2017) – John F.S. Muwanga

Office of the Auditor General Uganda – ‘Management of Petroleum Data by the Ministry of Energy and Mineral Development’ (December 2016) – John F.S. Muwanga

Sigiri Bridge collapse is the perfect breakdown and picturesque misuse of government loans by Jubilee!

We are the only political party that has a track record that speaks for itself in an array of areas” – Deputy President William Ruto (Jubilee Manifesto Launch, 26.06.2017).

Certainly the relationship between Chinese Government and Kenyan Government is paying-off under the Jubilee Administration, as President Uhuru Kenyatta and Deputy President William Ruto. Who had inspected the done project of building the Sigiri Bridge over River Nzoia in Budalangi. A promise he made in September 2014, when he was traversing the district. Therefore, that it just under two weeks after falls to pieces, is showing how shoddy the works of the bridge must have been.

The business of the bridge that makes it special is that Geotechnical Sub Consultants, second company BAC Engineering and Architecture Ltd, third company China Overseas Engineering Group Co Ltd (COVEC), which is a Chinese State Owned Engineering, and the last company is Abdul Mullick Associates Ltd (AMA), therefore the should have been enough man-power and consultants for securing the bridge building in Budalangi and over the River Nzoia. So it took 5 companies to make a faulty bridge on the price of a fortune. That should boggle your mind, all of them are displaying the working on their pages. I checked it out today on the 26th June 2017.

That a project started in 2016 and finished early June 2017. Should have the time and preparation for building it, as the State started in 2014 the whole infrastructure project, they signed with the Chinese Engineering company on the 1st July 2015. The whole project was anticipated to cost about Ksh. 1 Billion. Therefore, the visit of the President and deputy in mid-June checking of the bridge seems now a bit pointless. Since it broke-down last night.

Citizen TV Kenya also reported this today: “10 construction workers injured after a section of Sigiri bridge in Busia County collapsed last night” (Citizen TV Kenya, 26.06.2017). But if there was 10 construction workers on open bridge, means that they we’re done yet. That the construction still continued after the President and Vice-President visited it in June. Certainly, the Kenyan government could have made this better and made sure both the engineering, architecture, geotechnical consultation and implementation of the works. The government should have made sure the infrastructure project of this size and spend this sort of funding, as the Ksh. 1 billion.

That all of the contractors and suppliers, together with the engineers are clearly not delivered. If so the bridge would last longer than a month. As the project started as a promise in 2014 and broke down in 2017. This is proof of lack of governance and procurement of infrastructure projects. We should be able to see the reason for why COVEC got the deal, why the other companies was hired and the reason for the broken down bridge in Budalangi and over River Nzoia. This is clearly a giant slap in the face and proof of bad work and not of promising use of state funds. Since this was a Billion Kenyan Shillings used on building it!

That the Jubilee needs answer, the locals in Budalangi needs answers, also the Kenyan people need answers as this bridge was built on commercial loans and for the possible benefit of them all. Instead, it will be more expensive and need to be fixed. Maybe even get another design to make it safe. What is certain, is that this massive project and its expenses will be remembered as the tax wasted by President Kenyatta and DP Ruto. Peace.

The Presidential Handshake report doesn’t say much, but it was a clear “error” by Museveni!

I finally got the whole COSASE report of the Presidential Handshake, what has been reported on my blog or page, has been comments of it. This time it would be direct quotes from the report that was put forward in Parliament from the Parliamentary Committee. That the President had an “error” was been weak, the whole ordeal was a bribe and the Committee didn’t have the courage to say so. Even as the position of every one was spelled out in the Report. Every single person paid out bribe was spelled out and the whole part of the allocation was broth to the daylight. Not that the insights was saying much new. But it still, shows how the President is controlling the Parliament and the use of funds. Since he was shocked of certain acts and that he was making it bonafide, but it wasn’t so. This story has been written back- and fourth.

Before more comments, let’s look at quotes from the report!

The Committee was informed by the management team of URA led by the Commissioner General that before the final arbitration ruling, the Uganda Government team briefed Cabinet on the 19th of November 2014 on the progress of the HOGL arbitration and H.E. the President promised to reward the team if they won the case” (…) “The Final Award on the merits of the arbitration was delivered on the 24th February, 2015 wherein the full panel of three Arbiters agreed in favour of Uganda Government and dismissed the entire claim of HOGL and awarded USD 4,083,840 in cost. The then Attorney General Hon. Fred Ruhindi on the 13th April 2015 (App. B1) wrote to H.E. the President reminding him of his promise to reward the team and requested him to consider a reward for noble team. He also attached a list of 24 proposed beneficiary” (…) “The Committee was informed that the Attorney General further led the Government team to meet H.E. the President at his country home in Rwakitura on the 17th May 2015 where the victory in the Heritage arbitration case was among other things discussed. That the H.E. The President thanked the team and directed the Commissioner General of URA to propose an appropriate reward for the team. H.E. The President also guided that the other Public Officers who had tremendously Contributed to the success of the case but had not been included on the first list generated by the Attorney General be included too” (COSASE, P: 8-9. 2017).

As a follow up to the H.E. the President’s letter of 16th November, 2015, the Commissioner General of URA wrote to the Permanent Secretary/Secretary to Treasury (PS/TS) in a letter dated 11th December, 2015 (App. B6) requesting him to formally designate her as accounting Officer through whom the reward would be paid and to formally requisition for the UGX 6,000,000,000 (Uganda Shillings Six Billions Only)” (…) “The Commissioner General, as advised and in a letter dated 5th May 2016 (App. B8) sought authority from the Hon. Ministry of Finance, Planning and Economic Development to reallocate UGX. 6 Billion (Uganda Shillings Six Billion Only) from URA Tax Refund Account to URA Expenditure Account so that the 42 Public Officers could be paid and suggested that a supplementary to URA for that amount to be considered and handled by the Hon. Minister of Finance, Planning and Economic Development. The Hon. Minister of Finance, Planning and Economic Development did not grant this authority. However, by letter dated 19th October, 2016 (App. B10) he requested the Auditor General to issue an audit warrant for UGX 6 Billion” (COSASE, P: 10-11, 2017).

The Committee reviewed the budget for Financial Year 2016/2017, which was approved by the Board and subsequently appropriated by Parliament for URA activities and the UGX 6 Billion “handshake” was not budget for. The Committee further received evidence from the Board of URA to the effect that such money had not been provided for and they were hearing of that expenditure for the first time” (COSASE, P: 29, 2017).

The Committee observers therefore:

1. That it is true that USD 157 Million, which would have accrued as part of the Capital Gain Tax, was waived.

2. The contention arose out of a clause in the PSA which provided for waiver of tax signed by the then minister Hon. Syda Bbumba.

3. That the dispute would not have arisen if the PSA did not have a waiver of tax.

4. The then Ministry of Energy, Hon. Syda Bbumba, did not have authority to waive tax in that transaction and her auction of not having read the agreement before signing was irregular.

5. All the then Ministry of Energy who signed PSAs with similar clause acted ultra vires the law” (COSASE, P: 44, 2017).

Conclusion:

This “handshake” expenditure was not budgeted URA activity and therefore, a diversion of the UGX 6 Billion without lawful authority was contrary to the PFMA” (…) “H.E. The President’s approval of this “handshake” was bonafide. However, it was an error of judgement” (…) “That all funds paid out of URA account to the beneficiaries of the “handshake” should be refunded” (…) “The Executive should come up with a Bill within 90 days to regulate and streamline the Presidential Donations Budget” (COSASE, P: 45, 2017).

The Presidential Handshake has clearly showed the proof of how a visit at the Presidents farm in 2015 can lead-up to. President Museveni offered honorarium and bonuses to all the staff in the Tullow/Heritage Oil Tax Case, so all their work would benefit them. Without having it in budgets, without any votes or any sort of procedural activity, therefore it was an illegal allocation. That the Uganda Revenue Authority did allocations without proper actions, that the Ministry of Finance, Planning and Economic Development and Ministry of Energy all actors did wrong in this scenario. They misused the tax to their own benefit and the President allowed it to happen. Therefore, it is weird that the only thing the Committee concludes with a new legislation to stop it. Secondly, also refunds of the benefits for the civil servants and the NRM cronies. That the act was done without lawful authority, but that was well-known and not rocket science. IT was clear misuse of government funds to give someone an extra payday, which wasn’t allocated or had the proper legal stamp. Therefore, a clear bribe… not solicited funds which the state should pay their civil servants. Peace.

Reference:

The Committee on Commissions, Statutory Authorities and the State Enterprises (Cosase) – ‘Report of the Committee on Commissions, Statutory Authorities and the State Enterprises (COSASE) on the Investigations into the Circumstances under which the reward of UGX 6 BN was given to 42 Public Officers who participated in the Heritage Oil and Gas Arbitration Case’ (May, 2017)