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Court halts Kitutu’s trial pending court of appeal decision

by admin
February 8, 2024
in Uganda
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By THE INDEPENDENT UG

Kampala, Uganda | THE INDEPENDENT | The trial involving Karamoja Affairs Minister Mary Gorreti Kitutu Kimono, accused of causing loss of public property in the iron sheets scandal, has been temporarily halted by the Anti-Corruption Court in Kampala. Lady Justice Jane Okuo Kajuga presided over the decision on Wednesday, postponing the trial until the Court of Appeal determines Kitutu’s appeal.

Kitutu contested the trial in 2023, shortly after being charged with diverting over 10,000 iron sheets from the Karamoja Community Empowerment Program. She claimed she was tortured while in state custody and requested a halt to her trial based on this assertion. Kitutu is jointly accused with her brother Michael Naboya Kitutu and her Personal Assistant Joshua Abaho.

However, in November 2023, Lady Justice Kajuga dismissed Kitutu’s application, stating that she lacked substantial evidence and that her testimony contained falsehoods. The judge based her decision on consistent statements from police officers asserting that the minister was not subjected to torture or coercion.

Kitutu, through her lawyers led by Jude Byamukama, filed an appeal against the dismissal of her application and sought to stay proceedings in the High Court pending the appeal’s determination.

The Attorney General opposed the stay of proceedings, arguing that Kitutu’s appeal had no likelihood of success and lacked plausible or persuasive grounds. The government contended that delaying the trial would substantially affect the evidence, and witnesses were likely to be compromised.

Justice Kajuga ruled that it is crucial to halt the trial awaiting the Court of Appeal decision to avoid a potentially futile and costly exercise. She assured Kitutu that her case would be concluded within three months after the trial begins, citing Section 16 (z) of the Human Rights Enforcement Act, which prioritizes the hearing and resolution of appeals.

Kitutu faces charges from two separate criminal files, including accusations of diverting iron sheets in the Office of the Prime Minister and causing a 1.5 billion shillings financial loss, with the trial halted in the former case. Kitutu maintains her innocence in both instances.

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