KAMPALA – The Anti-Corruption Court at Buganda Road on Monday sentenced a former public servant to a custodial sentence of two years and nine months for his role in a multi-faceted land fraud scheme that required the direct intervention of the President to uncover.
Ateng Francis, 53, was convicted by Chief Magistrate Nakyazze Racheal on a total of 11 counts, including Abuse of Office, fraudulent procurement of a certificate of title, forgery, and uttering false documents.
In her sentencing ruling, Chief Magistrate Nakyazze balanced the convict's personal mitigation against the gravity of the offences, which she described as an egregious breach of public trust.
"The convict was a public officer who had a duty to preserve and protect the property in the Lands office but he abused his office by participating in a fraud in public land," the magistrate stated, agreeing with the prosecution's argument that land fraud is "rampant" in Uganda and requires deterrent sentences.
The court heard that the fraud was of such a magnitude that it prompted a directive from President Yoweri Museveni to investigate the matter. Senior State Attorney Viola Tusingwire, representing the prosecution, argued that without this intervention, the crime would have "gone unnoticed."
In mitigation, the convict's lawyers, Mr. Evans Ocheing and Mr. Derrick Ruzima, pleaded for leniency. They presented Ateng Francis as a 53-year-old first-time offender who had served the government for 23 years without any prior criminal record. They further argued that he was the sole breadwinner for a large family, including two spouses, seven children, and other dependents.
However, the prosecution stressed the seriousness of the crimes, noting that one of the charges carried a maximum sentence of life imprisonment. They also highlighted that the convict subjected the court to a "protracted trial" and therefore did not deserve leniency.
The magistrate noted a key aggravating factor: a co-accused, Ocen Joseph, who pleaded guilty and did not face the abuse of office charge, was sentenced to two years imprisonment. "It would thus make no meaning for Ateng Francis to be sentenced to a non-custodial sentence yet he went through a full trial," the magistrate reasoned.
Chief Magistrate Nakyazze sentenced Ateng Francis as follows:
· Count 1 (Abuse of Office): 2 years and 9 months imprisonment.
· Counts 3 & 4 (Fraudulent Procurement of Title): 1 year and 1 month imprisonment.
· Counts 5-10 (Forgery): 9 months imprisonment.
· Count 11 (Uttering False Documents): 6 months imprisonment.
The court ordered that all the sentences run concurrently, meaning the effective time the convict will serve is 2 years and 9 months. The 31 days he spent on remand were deducted from the original sentences.
Notably, the magistrate declined to pass a sentence on Count 12 (Conspiracy to Commit a Felony), citing a binding Court of Appeal decision which found it unnecessary to punish both the agreement and the actual offence.
The convict was reminded of his right to appeal against both the conviction and the sentence to the High Court within 14 days.
