Prime
Minister Kitutu nailed to the cross
Director of Public Prosecutions sanctioned charges of corruption against minister Mary Gorretti Kitutu for allegedly diverting iron sheets meant for Karamoja community
What you need to know:
In the cold. Ugandans go into the Easter weekend keeping faith and in prayer that the intended prosecution of other ministers involved in the scandal comes to life and fill up the empty crosses besides Karamoja Affairs minister Dr Mary Goretti Kitutu
From her prison cell in Luzira, the Minister for Karamoja Affairs, Dr Mary Goretti Kimono Kitutu, is staring at least 10 years in prison and/or a fine if she is convicted on charges of causing loss of public property and conspiracy to defraud which were preferred against her yesterday afternoon.
She pleaded not guilty to both counts, but becomes the first high profile suspect to face the law over the ‘stolen iron sheets’ saga. Dr Kitutu has been in police custody since Tuesday.
Section 10(1) of the Anti-Corruption Act of 2009 (as amended) prescribes a maximum sentence of 10 years in jail and/or a fine of 240 currency points (Shs4.8 million) or both for the first count, while Section 309 of the Penal Code Act provides three years for conspiracy to defraud.
There was a media frenzy at the Anti-Corruption Court in Kampala as Dr Kitutu, 61, was marched into court by police, presented before a magistrate, and formally charged over the Karamoja iron sheets scandal.
An application for bail by her lawyers was stood over by Chief Magistrate Marion Aciro after a marathon hearing lasting four hours, and which closed just before 5pm. The minister was then whisked away to Luzira Maximum Security Prison where she will remain on remand over the Easter weekend, returning on Wednesday next week.
Two days ago, police arrested her after being handed over to Criminal Investigations Directorate (CID) officers by a House committee after she refused to testify under oath about her role in the affair.
It was also reported that the minister has allegedly been playing fast and loose with CID officers investigating the scandal.
Chief Magistrate Aciro said she could not pronounce herself on the bail application on account of insufficient time to review the lengthy arguments by the defence and state lawyers. Ms Aciro said she will give herself up to Wednesday.
Dr Kitutu was remanded alongside her younger brother, Mr Naboya Kitutu Micheal, 52. The prosecutors strongly objected to the bail, observing that the minister cannot be trusted to stick to bail terms.
Led by Ms Josephine Namatovu and Mr Jonathan Muwaganya, the prosecutors tendered an affidavit sworn by ASP Mohammed Sowedi, a police detective attached to CID, to oppose bail. He said Dr Kitutu’s case is a public interest one, which is about mismanagement and loss of 14,500 iron sheets.
“Investigations are in advanced stages but there are a few critical areas that are yet to be covered, namely; recovery of the diverted iron sheets from A1 (Minister Kitutu); arrest of accomplices and key suspects who are close family members of A1 and A3 and are currently on the run namely. Weganga Philemon (son), Amongin Jennifer (sister-in-law), Namutosi Lydia (niece), Wabwire Steven (nephew) and Ndagire Winfred (daughter-in-law),” Ms Namatovu quoted ASP Sowedi’s affidavit.
The prosecutors further accused the minister of having a history of obstructing investigations.
“The minister directly obstructed investigations by preventing her mother, Cotilda Kitutu, in whose house some critical exhibits were recovered, from recording a statement at her home at Situmi Village, Namisindwa District,” Ms Namatovu said.
She added: “By A1’s previous conduct of obstructing investigations, her position as a minister, and her level of influence, poses a high likelihood of interfering with other witnesses and jeopardising the remaining investigations.”
The other argument was that the minister deliberately refused to honour police summons, and that despite pleas by Prime Minister Robinah Nabbanja instructing her to appear before police, she refused.
But defence lawyer, Mr John Musiime, hit back, contending that no proof of service of the police summons was adduced.
He wondered how an affidavit of ASP Sowedi was commissioned even before their client’s case was registered in court.
“Lets us not be like the trial of Jesus; that public interest means a crowd shouting and social media… There are also people of Manafwa who love the minister. Just because someone is a minister, we should not gang up against her and have her in prison at all costs,” Mr Musiime pleaded.
Defence lawyers had presented four sureties, including the minister’s husband Micheal George Kitutu; former MP and current African Union envoy, Mr Simon Mulongo; MP for Mbale City Northern Division Seth Wabende, and Dr Joel Wadawa, a plastic surgeon working with Kiruddu Hospital in Kampala.
They also cited ill health, advanced age, having a permanent residence in Bunga within the jurisdiction of court and handed to court two land titles, each measuring for half an acre of land in Wakiso District.
Dr Kitutu also handed over her two diplomatic passports but the prosecution rejected all the sureties for not being substantial and not proving that they have the financial resources to execute their bond should the minister jump bail and flee.
Ms Namatovu also told court that they needed time to cross check the authenticity of the two land titles, a request that was granted by the chief magistrate.
Last minute pleas by Dr Kitutu’s lawyers to give her “interim bail” were not entertained either. The chief magistrate reasoned that with 15 minutes left to the close of court business, it was impossible to consider options for interim bail.
“This will also need an application to be argued and yet there is no time to do that,” Ms Aciro held as she walked out of the fully packed courtroom.
Only one minister, Ms Beatrice Anywar, the State Minister for Environment, was present in court.
Ms Jacquelyn Okui, the spokesperson at the DPP, said the charging and remanding of Dr Kitutu cannot be dismissed as selective prosecution as is being suggested in some sections of the public. She said all suspects named in the iron sheets scandal will be handled one by one.
The charges
After two nights in police cells, Dr Kitutu was driven into the court premises at 12:11pm in a police car. She was draped in wrapper, possibly to hide from the glare of media cameras. An hour later, she was led into the packed courtroom and the charges read out to her. “I have heard and understood the charge; it is not true and I am not guilty,» Dr Kitutu pleaded.
She was charged with causing loss of public property. Together with Mr Joshua Abaho, 46, a Senior Assistant Secretary, Ministry of Karamoja Affairs in the Office of the Prime Minister, the minister was also charged with a second offence of conspiracy to defraud.
Court issued criminal summons for Mr Abaho who was not in court and reported to be on the run. Mr Abaho faces two separate counts of corruption. The minister’s younger brother, Mr Naboya faces one charge of receiving stolen property.
Under the first charge (causing loss of public property), the DPP contends that between June 2022 and January 2023, at the OPM stores in Namanve, Mukono District, the minister caused loss of public property to wit 9,000 pre-painted gauge 28 iron sheets by diverting the said iron sheets from the intended purpose of benefiting the Karamoja Community Empowerment Programme.
It is alleged that she diverted the sheets to her own benefit and to the benefit of third parties, having reason to believe that such an act would result in the loss of public property. Count two, of the same charge of causing loss of public property, has the minister being accused of causing the loss of 5,500 iron sheets.
Under the charge of conspiracy to defraud, the minister and Mr Abaho, between June 2022 and January 2023, allegedly conspired to defraud beneficiaries under the Karamoja Community Empowerment Programme of 9,000 pre-painted iron sheets.
Under count five, Kitutu’s brother is accused of receiving stolen property between June 2022 and January 2023 at Situmi Village Bukhawekha Sub-county, Namisindwa District. The charge sheet says he received 100 pre-coated iron sheets from OPM, having reason to believe the same to have been feloniously obtained.
