Court halts cases against Minister Kitutu

The Anti-Corruption Division of the High Court has temporarily stopped the hearing of the corruption charges against Karamoja Affairs minister Mary Goretti Kitutu.

On November 28, 2023, Justice Jane Kajuga dismissed Dr Kitutu’s application in which she wanted her trial halted on grounds that she was tortured by police during arrest and interrogation.

Yesterday, the judge held that it is not in contention that Dr Kitutu had filed an application in the Court of Appeal as a notice was attached to the affidavit in support of the application together with a memorandum and the grounds of appeal.

“I am unable to conclude that the appeal is vexatious (causing or tending to cause annoyance, frustration, or worry), lacks a legal basis or merit and is filed in bad faith, even though the application before me failed. I am only required to be satisfied that the points are arguable,” Justice Kajuga said.

The judge also reasoned that it is in the spirit of the Human Rights (Enforcement) Act, 2019 that any allegations of violation of fundamental rights and freedoms that arise during criminal proceedings, especially non derogable (whether the right may be infringed in certain circumstances) rights specified in Article 44 of the Constitution, that the question must first be settled before the trial resumes.

“It will be a futile and costly exercise for the court to proceed with the trial, and for the prosecution to call its witnesses and proceed to [present] evidence, and even for the accused to defend themselves, only for the Court of Appeal to decide otherwise,” Justice Kajuga held.

She added: “I see no miscarriage of justice that would be occasioned by a grant of the application. In conclusion, therefore, the application succeeds. I accordingly stay the proceedings in criminal case No 5/2023 pending the decision of the Court of Appeal in Civil Appeal 1525/2023.

“It is my take that the above provisions of the Act, read together, support the position that the question relating to violation of human rights must be resolved first before the criminal trial can proceed.”

One of the grounds Minister Kitutu raised in the application is that there are serious questions about the risk of her  non derogable rights to [a fair trial] being compromised.

 Another is that the intended and impending trial will frustrate and undermine her unrestricted right to appeal.

The minister was on August 6, 2023 indicted for loss of public property and conspiracy to defraud, stemming from her alleged diversion of 9,000 pre-painted gauge 28 iron sheets meant for vulnerable Karimojong and youthful warriors.

The minister denied the charges and filed an application within the same court that her trial be discontinued because police and Parliament during investigations violated her rights, including subjecting her to cruel, inhuman and degrading treatment.

Among the grounds she had raised in her application before the same court that  were dismissed were  that she was denied food and access to a lawyer and relatives during detention in police cells where she alleged to have been held longer than the 48-hour constitutional threshold.

Although the court has halted the hearing of the charges against the three pending the determination of Dr Kitutu’s appeal.

background

Karamoja Affairs minister Mary Goretti Kitutu alongside her brother Micheal Naboya Kitutu and Mr Joshua Abaho, a senior assistant secretary at the Office of the Prime Minister, are facing prosecution for allegedly causing loss of public property, conspiracy to defraud and being in possession of suspect property.

[email protected]