Remanded minister’s bail ruling for today

After spending the Easter weekend behind the gates of Luzira prison, embattled Karamoja Affairs Minister Mary Goretti Kitutu Kimono, will this afternoon, again take a stand in the court dock.

This time, she will be attentively listening to the Chief Magistrate of the Anti-Corruption Court,  Ms Marion Aciro, read a ruling that will determine whether she is temporarily released on bail or not.

The minister, who has for more than two months been at the centre of controversy of allegedly diverting iron sheets meant for the vulnerable people in Karamoja, was sent to Luzira last Thursday after the presiding magistrate stood over the matter to today, citing insufficient time to review the lengthy bail arguments made by both her lawyers and the State.

According to the charge sheet that was presented before court last week, Minister Kitutu faces two counts of loss of public property and one count of conspiracy to defraud.

She is jointly charged with her younger brother Michael Naboya Kitutu and Mr

Joshua Abaho, the senior assistant secretary in the Ministry of Karamoja Affairs in the Office of the Prime Minister.

Mr Abaho did not appear in court last Thursday, prompting the prosecution led by Ms Josephine Namatovu and Jonathan Muwaganya to pray for criminal summons against him, which prayer was granted.

He is today expected in court to plead to the charges, which the Kitutus have since denied.

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 them 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. On count two of the same charge of causing loss of public property, the minister is accused of causing the loss of 5,500 iron sheets.

Under the charge of conspiracy to defraud, the DPP contends that 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, Dr Kitutu’s brother is accused of receiving stolen property. The charge sheet says he received 100 pre-coated iron sheets from OPM, having reason to believe the same to have been feloniously obtained.

Grounds for bail

Minister Kitutu’s lawyers led by Mr Micheal Wamasebu, a former deputy DPP; Mr John Musiime, and Mr Jude Byamukama, listed ill health, advanced age of 61, having a permanent residence in Bunga within the jurisdiction of court and handed to court two land titles, each measuring half an acre, in Wakiso District as grounds for her release on bail.

Dr Kitutu also handed over her two diplomatic passports and presented four sureties; her husband Micheal George Kitutu; former MP and current African Union envoy Simon Mulongo; MP for Mbale City Northern Division Seth Wabende, and Dr Joel Wadawa, a plastic surgeon working with Kiruddu Hospital in Kampala.

But the prosecution rejected all the sureties on grounds of not being substantial and not proving that they have the financial resources to execute their bond should the minister jump bail.

The prosecution also objected to the application for the release of the minister on bail, claiming she deliberately refused to honour police summons and also obstructed investigations when she allegedly shielded her mother, Ms Cotilda Kitutu, from recording a police statement after several exhibits were recovered from her house.

Prosecution expressed fear that once the minister was released on bail, she would pose a huge risk given her high level standing and influence she has in society to interfere with witnesses and the remaining investigations.