Uganda is a common law jurisdiction with English as the official language. The Constitution of the Republic of Uganda, 1995 requires all persons in leadership and responsibility in their work to be answerable to the people.1 Further that all lawful measures shall be taken to expose, combat and eradicate corruption and abuse or misuse of power by those holding political and other public offices.2
There are two constitutional offices established to combat corruption and related offences specifically and crime generally, namely:
The Inspectorate of Government Act (Act No. 5 of 2002) provides for the functions and powers of the Inspectorate and all incidental matters in combating corruption.
The Leadership Code Act (Act No. 17 of 2002) inter alia provides for minimum standards of behavior and conduct for leaders, requires leaders to declare their incomes, assets and liabilities and puts in place an effective enforcement mechanism. The Code is enforced by the Inspector General of Government (IGG)5.
The Prevention of Corruption Act, 1970 (Cap. 121) provides for the special powers of the Director of Public Prosecutions to investigate and prosecute corruption cases and all incidental matters. It should be noted that the Prevention of Corruption Act was enacted in 1970 before the office of the Ombudsman was established so up until 1988, the DPP had monopoly in prosecuting corruption cases. Efforts are underway before Parliament to consolidate the laws against corruption into one Act.6 The only challenge could be with regard to the implementation of the new law as it empowers both the DPP and IGG to concurrently investigate and prosecute corruption cases.
As regards assets recovery, the Penal Code Act (Cap. 120), the Leadership Code Act, the Inspectorate of Government Act and the Prevention of Corruption Act inter alia empower the DPP and IGG to recover assets obtained through corrupt means or through any other illegal means.
There are other bodies such as the Auditor General7, the Public Accounts Committee of Parliament, the Directorate of Ethics and Integrity and the Public Procurement and Disposal of Public Assets Authority that are involved in ensuring accountability of public funds and assets.
The Criminal Investigation Directorate (CID) is the investigative arm of the Uganda Police that the other stakeholders rely on to assist in investigations and apprehending suspects.
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