The legal saga surrounding former Karamoja Minister Mary Gorreti Kitutu has taken a new turn as the Court of Appeal in Kampala intervened, temporarily halting proceedings against her in the Anti-Corruption Court. Kitutu stands accused of allegedly causing a financial loss of 1.5 billion shillings intended for peace-building activities.
Justice Oscar Kihika, serving as a Single Judge of the Appellate Court, delivered the ruling to halt the proceedings. He expressed concern that Kitutu might suffer irreparable damage if the case continues while there is a pending appeal challenging the legality of the charges against her. This decision stemmed from Kitutu’s appeal against the judgment of Anti-Corruption High Court Judge Jane Okuo Kajuga, who refused to dismiss the charges, citing allegations of torture while in state custody.
Kitutu’s legal team argued that the charges brought against her violated her right to a fair trial, contending that they stemmed from the same investigation as the earlier “iron sheets case.” They emphasized that these proceedings should be stayed until her appeal is conclusively determined to prevent potential injustice.
However, the Inspector General of Government (IGG), Beti Olive Namisango Kamya, opposed Kitutu’s plea, asserting that the offenses in question were distinct from those in the iron sheets case. The IGG maintained that the appeal lacked merit and urged the dismissal of Kitutu’s application.
In his ruling dated March 28th, 2024, Justice Kihika emphasized the importance of upholding the right to a fair hearing guaranteed by the Constitution. He deemed it prejudicial to proceed with the criminal proceedings before determining whether Kitutu’s fair hearing rights were infringed upon. Consequently, he ordered a stay of the criminal proceedings until the Civil Appeal pending before the court is resolved.
The charges against Kitutu were amended, leaving her as the sole suspect on the charge sheet after other officials were set free by the court. The accusations against her allege negligence in conducting peace-building activities in the Karamoja sub-region during her tenure as Minister for Karamoja Affairs, resulting in the purported financial loss to the government.
The case, originally scheduled for April 30th, 2024, has been temporarily halted due to the court’s intervention. Meanwhile, Kitutu’s removal from Cabinet by President Museveni, along with her Junior Minister Agnes Nandutu, underscores the gravity of the situation, indicating the advanced stages of their respective trials.
