Anti-Corruption Act, 2009

1 UgandaAnti- corruption Act, 2009 Legislation as at URI: /akn/ug/act/2009/6/eng@2015-11-11 PDF created on 2021-07-15 at 16 may have been updates since this file was for updatesAbout this collectionThe legislation in this collection has been reproduced as it was originally printed in the Government Gazette, withimproved formatting and with minor typographical errors corrected. All amendments have been applied directly tothe text and annotated. A scan of the original gazette of each piece of legislation (including amendments) isavailable for reference. This is a free download from the Legislation Commons, a collection of African legislation that is digitisedby and made available for is no copyright on the legislative content of this PDF copy is licensed under a Creative Commons Attribution License (CC BY ).

2 Share widely and Legislation Commons444455667777888999991010101011111 1111212121212121313131414141515151516161 617171818181919 Table of ContentsAnti- corruption Act, 2009 Act 6 of 2009 Part I Preliminary1. InterpretationPart II Corruption2. Corruption3. Corrupt transactions with agents4. Corruptly procuring tenders5. bribery of a public official6. Diversion of public resources7. Payment of compensation to aggrieved party8. Influence peddling9. Conflict of interest10. Loss of public property11. Abuse of office12. Sectarianism13. Nepotism14. Officers charged with administration of property of a special character, Unauthorised administration of oaths16.

3 False assumption of authority17. Personating public officers18. Threat of injury to persons employed in public service19. Embezzlement20. Causing financial loss21. Fraudulent disposal of trust property21A. Dealing with suspect property22. False accounting by public officer23. Fraudulent false accounting24. False claims by officials25. False certificates by public officersPart III Offences and penalties26. Punishment for offences under sections 3, 4, 5, 6, 7, 8, 12, and 1327. Penalty to be imposed in addition to other punishment28. Principal may recover amount of secret gift29. Acceptor of gratification to be guilty notwithstanding that purpose not carried out, Evidence of pecuniary sources or property31.

4 Illicit enrichment32. Evidence of accomplice33. Special investigation powers of the Inspector General of Government and Director of Public Prosecutions34. Court to restrict disposal of assets or bank accounts of accused, Payment of compensation out of resources of convicted personPart IV Powers of Inspector General of Government and Director of Public Prosecutions36. Powers of the Inspector General of Government and the Director of Public Prosecutions, to order inspection ofdocuments37. Orders of search and seizure38. Duty to give information39. Obstruction of search, Obstruction of investigations41. Director of Public Prosecutions and Inspector General of Government s powers to obtain information42.

5 Evidence and defence of custom43. Duty to arrest44. Protection of informers45. Penalty for giving false information46. Disqualification47. Protection of persons acting in pursuance of the ActTable of ContentsUgandaBy and contributors. Licensed under CC-BY. Share widely and Invalidity of appointment as bar to prosecution49. Prosecution of offences50. Appointment of special investigatorsPart V Jurisdiction51. Jurisdiction to try offences52. Punishment for attempts, preparations, abetments and criminal conspiraciesPart VI Restraining order53. Application for restraining order54. Contents of application for restraining order55.

6 Issue of a restraining order56. Contents of a restraining order57. Notice of application for restraining order58. Service of restraining order59. Registration of restraining order60. Setting aside disposition61. Duration of restraining order62. Review of restraining orderPart VII Confiscation order63. Court to assess benefit derived from the act of Presumption of property or interest63B. Assessment order64. Confiscation order64A. Court to appoint a manager, receiver or administer64B. Review of a confiscation order64C. Confiscation costs65. Procedure for confiscation order in relation to property where person dies or absconds66.

7 Voidable transfersPart VIII Miscellaneous67. Minister s power to amend Schedule67A. Power of the Chief Justice to make rules67B. Declaration of reciprocating States or territories and courts and reciprocity with other States or territories67C. Extraterritorial enforcement68. Repeal of Cap. 12169. Consequential amendment of Cap. 12070. Consequential amendment of Act No. 17 of 2002 ScheduleCurrency pointTable of ContentsUgandaBy and contributors. Licensed under CC-BY. Share widely and (a)(b)(c)(d)(e)UgandaAnti- corruption Act, 2009 Act 6 of 2009 Published in Uganda Gazette no. 42 on 25 August 2009 Assented to on 25 July 2009 Commenced on 25 August 2009[Up to date as at 30 September 2020][Amended by Anti-Corruption (Amendment) Act, 2015 (Act 21 of 2015) on 11 November 2015]An Act to provide for the effectual prevention of corruption in both the public and the private sector, torepeal and replace the Prevention of corruption Act, to consequentially amend the Penal Code Act, theLeadership Code Act and to provide for other related IT ENACTED by Parliament as follows:Part I Preliminary1.

8 InterpretationIn this Act, unless the context otherwise requires agent means a person employed by or acting for another, and includes a trustee, an administrator andexecutor, and a person employed in the public service or under a corporation or a public body, and for thepurposes of section 5 includes a subcontractor and a person who is employed by or acting for the subcontractor; authorised officer means a police officer not below the rank of Assistant Inspector of Police authorised inwriting by the Inspector General of Police or an inspectorate officer authorised in writing by the InspectorGeneral of Government or a State Attorney authorised in writing by the Director of Public Prosecutions; confiscation includes forfeiture and where applicable, means the permanent deprivation of property by orderof court; confiscation order means a confiscation order referred to in section 63.

9 Corruptly means purposely doing an act, which tends to corrupt, or influence a person to do an act or omissioncontrary to established procedures; currency point has the value specified in the Schedule to this Act; gratification includes money or any gift, loan, fee, reward, commission, valuable security or other property or interest inproperty of any description, whether movable or immovable;any office, employment or contract;any payment, release, discharge or liquidation of any loan, obligation or other liability, whether in wholeor in part;any other service, favour, or advantage of any description, including protection from any penalty ordisability incurred or apprehended or from any action or proceedings of a disciplinary or penal nature,whether or not already instituted, and includes the exercise or the forbearance from the exercise of anyright or any official power or duty; andany offer, undertaking or promise of any gratification within the meaning of subparagraphs (a), (b), (c) andAnti- corruption Act, 2009 UgandaBy and contributors.

10 Licensed under CC-BY. Share widely and (a)(b)(c)(d)(e)(f)(a)(b)(c)(d); inspectorate officer means an officer of the Inspectorate of Government designated as an inspectorateofficer; property includes money, assets of every kind whether corporeal or incorporeal, movable or immovable,tangible or intangible and legal documents or instruments evidencing title to or interest in such assets;[definition of "property" substituted by section 1 of Act 21 of 2015] principal includes an employer, a beneficiary under a trust, and a trust estate as though it were a person andany person beneficially interested in the estate of a deceased person as though the estate were a person and inthe case of a person employed in the public service or a public body, includes the Government or the public body,as the case may be; public body includes the Government, any department, services or undertaking of the Government;the East African Community, its institutions and corporations;the Cabinet, Parliament, any court.