The Director of Public Prosecutions has concluded its investigations into the case involving Karamoja Affairs Minister Mary Gorreti Kitutu and two others, who are accused of misappropriation of public property.
Joining Kitutu as co-accused are Michael Naboya Kitutu, her brother-in-law, and Joshua Abaho, her Personal Assistant.
The prosecution alleges that between June 2022 and January 2023, at the office of the Prime Minister's Stores in Namanve, Mukono District, Kitutu diverted 9,000 pre-painted Iron sheets of Gauge 28 from the intended purpose of benefiting the Karamoja Community Empowerment Program.
It is alleged that the ironsheets were diverted for Kitutu's personal gain and for the benefit of third parties, with full knowledge of the potential loss of public property.
The prosecution further claims that in January 2023, at the same location, Kitutu and Abaho diverted an additional 5,500 iron sheets for unrelated purposes. These sheets were subsequently received by third parties, despite Abaho's responsibility to keep them in good and secure custody as the receiver.
According to the prosecution, Naboya received 100 pieces of iron sheets in Namisindwa district, which were part of those allegedly diverted by the Minister and Abaho.
On Thursday, the accused parties appeared before Chief Magistrate Joan Aciro at the Chambers of the Anti-Corruption Court. State Attorney Jonathan Muwaganya informed the court that the inquiries in the case have been finalized, and they are prepared to refer the accused persons to the High Court for trial.
Muwaganya also provided copies of the case documents to the defense lawyers, allowing them to adequately prepare for the upcoming trial.
However, John Musiime, the lawyer representing Naboya, objected to the committal, citing an application challenging the territorial jurisdiction to try his client in Kampala. Musiime argued that the alleged crime took place in Namisindwa district, and the application is currently awaiting a ruling in the High Court. He insisted that subordinate courts should not proceed until the pending matter is resolved.
Muwaganya countered Musiime's objection by stating that in the absence of an injunction or any other order restraining the judicial officer, the court can proceed with the case, even if there is another matter ongoing in a superior court.
Chief Magistrate Aciro adjourned the proceedings to June 29th, awaiting the outcome of the pending ruling on Monday.
Muwaganya had brought the necessary documents to commit the accused persons for trial but will now await the court's decision.
Bail for all the accused persons was extended until the next court session.
However, Abaho was returned to Luzira Prison after being remanded on Wednesday. He was arraigned before Acting Senior Principal Grade One Magistrate Abert Asiimwe on charges related to embezzling over 2 billion shillings for the Karamoja Peace Initiative project between February and June 2022.
Abaho was remanded alongside five other staff from the office of the Prime Minister, all of whom were involved in various capacities in the multi-billion-shilling scandal.
In December 2021, Parliament approved a supplementary budget of 39 billion shillings to support various programs in Karamoja. Among the allocations, 22 billion shillings were designated for purchasing goats, while 5 billion shillings were intended for procuring 100,000 iron sheets, which are now alleged to have been diverted.
