Embattled Director-General of the Institute of National Museum of Rwanda (INMR) Alphonse Umulisa, yesterday, appeared before Nyarugenge Intermediate Court, where he was formerly charged with three counts of abuse of public funds.

Umulisa, according to prosecution, is specifically accused of giving undue advantages during execution of a contract, awarding a tender without open competitive bidding and embezzlement or property destruction.

Prosecutors successfully argued that Umulisa should be kept on remand, saying they had sufficient evidence and that if released, he could jeorpadise investigations or even flee.

While submitting evidence pinning Umulisa, prosecution stated that the first count is related to a contract of furniture supply to Museum of Environment in Karongi District, which was entered with Atlas General Supply Ltd, whose owner, Olive Habiryayo, received the final payment before delivering all assets, as stipulated in the contract.

The prosecution said on this count, Umulisa instructed his employees in the logistics department to provide a final delivery note to allow him process final payment transactions to Habiryayo.

The latter is jointly accused with Umulisa.

In the contract that was worth more than Rwf137 million, Atlas was to supply chairs, tables, television sets and other items. The contract was signed on April 24, last year, and was supposed to be executed in 45 days.

However, according to prosecution, until the time of Umulisa’s arrest on May 16, a portion of some furniture had not yet been delivered.

Prosecution lays down charges

The contractor, Habiryayo, who is accused of accepting undue advantages even when she had not completed the contract provisions, had by the end of July last year received all the payment.

Prosecution further stated that even the supplied appliances had not met required specifications and terms of reference in the contract.

On the second count – awarding a tender without going through competitive bidding – prosecution told the court that Umulisa had breached tender awarding regulations by carrying out single source market where a one Elias Uzabakiriho, was awarded the tender to cut close 270 trees in the museum forest reserves.

Additionally, Umulisa stands accused of embezzlement during his tenure at the museum, including granting himself unnecessary lump-sums and mileage allowances even when he was using public vehicles and or hiring private transport means.

"We found it surprising that as a director-general, he was the one doing requisition forms for allowances and mileage and later approve them as the chief budget manager. The law does not allow this; he used public resources as his own,” prosecution told the court.

"Therefore, we are requesting court to remand him and the co-accused for 30 more days to pave way for more investigations since up to now, we still receive new information regarding the entire case.”

‘Charges are concocted’

In their defence, both Umulisa and his legal counsel, Johnson Kabera, contended that all charges are made up.However, they admitted that there was delay in the execution of the furniture supply contract.

"It is unfair for me stand here accused, when all these charges concern more than one person,” Umulisa said, alluding to the fact that even his director of administration and finance, logistics and procurement managers should have been in the dock with him.

Umulisa, who assumed office in 2010, argued that since the contract with Atlas had provided settlement clauses in case a contract had not been fully executed, including penalties on the delays, there was no need to drag him in court.

On the second count, Umulisa argued that prosecution submissions were misinformed on the implementation of activities that led to the cutting of the trees.

"The trees were cut in areas where the museum was supposed to erect a fence, that was supposed to be made of 120 swords once utilised by King Yuhi Musinga, the whole tender was about Rwf300 million and there is no way we would have issued another tender to cut trees; it was inclusive,” he said.

On the other hand, Umulisa added, arguments by the prosecution over his third charge are not true, since he has been using private vehicles that he personally had hired after his car was sold.

However, he admitted that he approved his own travel clearance.

Both the accused Umulisa and Habiryayo prayed the court gives them bail, arguing that they posed no flight risk, nor could they tamper with evidence.

Habiryayo told the court that she saw no reason of being in court since the delays in contract execution would have resulted into penalties which she wouldn’t contest.

Court is expected to pronounce itself on the matter today.

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