Court of Appeal halts former Minister Kitutu’s case proceedings in Anti-Corruption Court

By Elizabeth Ankunda

29^th March 2024

The Court of Appeal in Kampala has halted the proceedings against the former Karamoja Minister Mary Gorreti Kitutu in the Anti-Corruption Court. 

Kitutu is being accused of causing the government a financial loss of 1.5 billion shillings meant for peace building activities.

The proceedings were halted in a ruling delivered by Justice Oscar Kihika who sat as a Single Judge of the Appellate Court.

Kihika ruled that he is convinced that Kitutu is most likely to suffer irreparable damages if the case proceeds when there is a pending appeal challenging the legality of the charges levied against him.

The ruling arises from an application in which Kitutu appealed the judgment of Anti-Corruption High Court Judge Jane Okuo Kajuga who declined to dismiss the charges on grounds that Kitutu had been tortured while in state custody.

She also declined to  halt proceedings in the Chief Magistrates Court where Kitutu is accused of causing financial loss saying the case had no nexus/connection to the iron sheets scandal  therefore  it was a rising from a different set of investigations , not for iron sheets.

Following the rulings, Kitutu through her lawyers led by Jude Byamukama appealed to the Court of Appeal saying she was aggrieved by the decision failing to stop the Inspector General of Government Beti Olive Namisango Kamya from instituting parallel and additional criminal proceedings against her.

Kitutu argued that the proceedings were arising from one broad investigation concerning alleged mismanagement of a supplementary budget for Karamoja sub region in the financial year 2021/2022.

Justice Kihika was told that the charges preferred against Kitutu by the IGG violate her right to a fair trial as they arise out of the same broad investigation that led to the charges against her in the iron sheets case.

She said her appeal has a high likelihood of success and it is unjust for the criminal proceedings in the 1.5 billion shillings loss to commence against her as it had been scheduled on 29th February, 2024 before the appeal is conclusively determined.

In his ruling dated March 28th 2024, Justice Kihika said that the right to a fair hearing in Article 28 of the Constitution is an inalienable right that ought to be strictly observed adding that whether the right was violated is still a matter not yet determined.

Last week, President Museveni dropped Kitutu from Cabinet as well as her Junior Minister Agnes Nandutu whose trial is in advanced stages.