By Bondry Kilenga
Kotido Grade One Magistrate Court has dismissed a case in which Kotido Municipal Council Commercial Officer Daniel Achila Lowot alongside Kotido District former Commercial Officer Tadeo Muria were accused of bribery and mismanagement of Emyooga program, a presidential Initiative on Wealth and Job Creation aimed at transforming subsistence households into market-oriented businesses.
The duo was arrested and interdicted in November, 2024 after the Kotido Resident District Commissioner, Charles Ichogor, commissioned a General Enquiry File at Kotido Central Police Station over bribery and mismanagement of Emyooga funds allegations.
This followed an audit into the SACCOS and plans by Micro Finance Support Centre to give additional 20 million shillings to each of the associations to enable more member’s access the funds.
In 2019, Kotido District received Shs1.1 Billion for 32 SACCOS but an audit showed that much of the funds were never disbursed to the intended beneficiaries by the officials and there is nothing to show that the project was serving its intended purpose.
Since November, 2024, Lowot and his co-accused have been appearing in court to answer charges of bribery and mismanagement of Emyooga funds labeled against them but court kept on adjourning the case to allow prosecution produce witnesses to testify in the case but in vain.
However on Wednesday 30th, 2025, Grade One Magistrate Rashid Katende dismissed the case with no costs after the prosecution failed to produce any single witness to testify in the matter since November, 2024.
“Since November last year this cases has been in court with prosecution seeking adjournments, which have been always been granted to present witnesses in the case which it has failed to adhere to. This case is hereby dismissed for want of prosecution and the accused are accordingly acquitted in accordance with Section 119 of the Magistrates Court”, ruled Katende.
He argued that the state had never disclosed to court evidence that it intended to use against Lowot and Muria as mandated under Article 28 of the Constitution of the Republic of Uganda.
No state witness had ever appeared in court and defense lawyer Gabriel Ogire had never been served with a charge sheet upon which the defendants were charged. These facts showed laxity of the state in prosecuting the matter. It’s upon this basis that court dismissed the case.
However, Katende held that the prosecution is at liberty to reinstate the case against Daniel Lowot and Tadeo Muria whenever they are ready to prosecute them, noting that justice delayed is justice denied.
After the dismissal of the case, the defense lawyer Gabriel Ogire welcomed the court decision saying that justice has been served.
He said that his clients were arrested and paraded before the media last year but surprisingly no single witness has been produced in court to testify against them.
In his part Muria described charges against him and his co-accused as framed charges aimed at tarnishing their names.
He thanked court for upholding the principle of Justine delayed is justice denied and warned those with ill motives against him to refrain from such actions.
Lowot on the other hand said the ruling has helped to clear his tainted name, promising to continue serving the community.
With the two officers now being acquitted of by court, the question on whether they would be reinstated to office or not remains lingering in people’s minds.
However, Regulation 38 section (7) of the Public Service Commission Regulations provides that:-
“On conclusion of investigations by the ministry, department or Police, the responsible officer, if he or she considers that the officer is innocent or the case against him or her is not serious enough to warrant criminal prosecution or dismissal shall
(a) Make a detailed report on the investigations carried out, a copy of the court charge, proceddings and judgement of the case against the officer.
(a). Make appropriate justification and recommendations on the lifting of the interdiction and reinstatement of the officer on full pay, including the arrears.”.
