(Kampala) – The trial of businessman Mukesh Shukla, who is accused of obtaining money by false pretenses, will proceed as planned after the Nakawa Chief Magistrates Court declined his request to halt the case. Mukesh, who previously contested for the Nakawa West parliamentary seat, had requested the court to pause the proceedings until a related civil case in the High Court’s Commercial Division in Kampala is resolved.
Chief Magistrate Erias Kakooza dismissed Mukesh’s application on November 4, 2024, ruling that it lacked merit. Magistrate Kakooza clarified that the civil and criminal cases Mukesh is involved in do not address the same matters and thus can proceed independently.
Mukesh is facing charges alongside Judith Ayebare, a manager at Shumuk Investments Ltd, and Dharamdip Kadikar, an accountant for Shumuk Group of Companies. The three are accused of obtaining money by false pretenses under sections 304 and 305 of the Penal Code Act, along with conspiracy to defraud under Section 309 of the same Act.
Under Ugandan law, obtaining money by false pretenses can lead to a maximum prison sentence of five years upon conviction, while conspiracy to defraud carries a possible three year sentence.
State Attorney Mariam Kulusum informed the court that the prosecution has completed investigations and is ready to proceed with the trial. Kulusum added that the prosecution has already provided the defense team with the evidence it intends to present in court, and witnesses are prepared to testify.
Table: Legal Charges and Potential Sentences
| Charge | Penal Code Sections | Maximum Sentence |
|---|---|---|
| Obtaining Money by False Pretenses | Sections 304, 305 | 5 years imprisonment |
| Conspiracy to Defraud | Section 309 | 3 years imprisonment |
The prosecution alleges that between November 2020 and November 2021, in the areas of Banda and Nakawa Industrial Area in Kampala, Mukesh and his co-accused obtained UGX 221 million from Alvi Auto Village Ltd under false pretenses. They reportedly claimed to lease two plots of land to Mahmood Shahid, the director of Alvi Auto Village Ltd, a claim the prosecution says was untrue.
It is further alleged that Mukesh, Ayebare, and Kadikar conspired to defraud Shahid of the UGX 221 million. The court has scheduled the next hearing for December 2, 2024, when further proceedings are expected.
