Kerry Howard Mwesigwa.
KAMPALA, November 29, 2023 | The Anti-Corruption Division of the High Court has dismissed the application brought forth by Hon. Kitutu Mary Goretti Kimono, the Minister for Karamoja Affairs. The application alleged torture and mistreatment by various entities during investigations into the mismanagement of Karamoja iron sheets. The dismissal paves the way for the continuation of the criminal trial against the Minister.
Hon. Kitutu had asserted that the alleged violation of her rights warranted declaring the trial a nullity and dismissing the charges. She also raised concerns about being singled out for prosecution while some co-accused were not.
The court, however, asserted that there was no justification for the expectation that all suspects in the iron sheets case should be treated identically. It emphasized that differences in treatment did not imply a violation of the law.
While delivering her judgment Justice Jane Okuo Kajuga stated, that “There is no indication that the cases against the applicant and the suspects not prosecuted are essentially the same requiring that all are either prosecuted or all are conversely set free and allowed to return the iron sheets.”
Addressing the core allegations, the court found no irreparable tainting of the investigations or gross abuse of the applicant’s rights. It concluded that the right to a fair hearing had not been violated by the denial of disclosure of exculpatory evidence held by the state. The media reporting on the case was also deemed not to have irreparably infringed on the right to a fair hearing.
Crucially, the court determined that members of the Uganda Police, the Parliamentary Committee on Presidential Affairs, and other state institutions did not subject Hon. Kitutu to torture or cruel, inhuman, and degrading treatment during the investigations.
Consequently, the court has directed the resumption of the trial against Hon. Kitutu Mary Goretti Kimono, which had been stayed pending the legal challenge to the investigation’s legality. The charges, brought by the Office of the Director of Public Prosecutions, relate to the alleged diversion of iron sheets intended for the Karamoja Community Empowerment Program.
This legal development signals a significant step toward justice and underscores the impartiality of the legal process. As the trial proceeds, it will continue to shed light on the alleged mismanagement of public resources, with a hope of holding those responsible accountable.
