Kampala, Uganda. It appears that corrupt and elusive Karamoja Affairs Minister -Mary Goretti Kitutu Kimono is facing criminal charges for allegedly causing taxpayers financial loss worth Ugx1.5 billion.
The Anti-Corruption Court in Kampala on Thursday extended the criminal summons against her, requiring her to appear in court on March 19, 2024.
The Acting Senior Principal Grade One Magistrate Abert Asiimwe, granted the extension after Kitutu failed to appear in court, citing ‘medical’ reasons.
The prosecution alleges that between February and June 2022, while serving as the Minister for Karamoja Affairs, Kitutu failed to carry out essential peace-building activities in the Karamoja sub-region.
The prosecution contends that Kitutu’s omission was a knowing act that resulted in a financial loss of Ugx1,555,365,000.
Kitutu is not alone in this corruption case, since it involves several other officials from the Office of the Prime Minister (OPM). Others are, Geoffrey Sseremba, the Secretary/Accounting Officer, Deogratius Masagazi – Under Secretary/Head of the Department, Pacification and Development Programme, and Tracy Atuhirwe, an Accountant.
The charges stem from an alleged authorisation of a total cash payment of Ugx2,230,291,000 to various OPM staff, including Kitutu. The prosecution argues that these funds were obtained for personal benefits after Atuhirwe failed to manage and account for them properly.
Magistrate Asiimwe granted the extension, demonstrating the seriousness of the charges. Additionally, the court extended the same summons for co-accused Tracy Atuhirwe, as the prosecution reported difficulties in serving her.
Last month, the Inspectorate of Government amended charges against seven OPM officials, dropping charges against five and maintaining charges against Sseremba and Masagazi. The two officials now face corruption charges regarding the alleged authorisation of cash payments within the OPM.
Absenteeism in Court
During the recent court appearance, Sseremba and Masagazi were present, underscoring the legal gravity of the situation.
However, Kitutu and Atuhirwe were notably absent, raising questions about their respective defences and the overall progression of the case.
The prosecution apprised the court that when Kitutu received a court summons, she opted to contest the prosecution, but her challenge was unsuccessful.
Last week, High Court Lady Justice Jane Okuo Kajuga dismissed Kitutu’s application to set aside her trial in this case. Kitutu argued that the Ugx1.5 billion cases stemmed from a similar set of transactions involving a Ugx39 billion supplementary budget meant for purchasing goats, iron sheets, and other peace-building activities.
These transactions had already been investigated, and charges were instituted against her. However, Justice Kajuga disagreed, allowing the prosecution in the case to proceed.
State Attorney Ntumwa informed the court that they anticipated Kitutu’s appearance for plea-taking. Nevertheless, they received a letter from her lawyers at J Byamukama Advocates stating that she is unwell and requested an extension of summons for her recovery.
Kitutu’s lawyer, Jude Byamukama, explained to the magistrate that his client was suffering from high blood pressure. He expressed optimism that within a month or 45 days, she would be ready to appear and take a plea unless unforeseen circumstances arise.
Other co-accused individuals contested the proposed lengthy adjournment, highlighting that the case has already spent eight months without the trial commencing, affecting their right to a speedy hearing.
Magistrate Asiimwe, in his ruling, adjourned the case to March 19th, 2024, wishing Kitutu a quick recovery, emphasising the need for a healthy participant in court proceedings.
While acknowledging the unpredictability of sickness, he urged Kitutu’s lawyers to ensure her attendance at the next court session. Asiimwe assured Kitutu’s co-accused that once she takes the plea, the hearing would be expedited, providing them with a swift resolution.
He also instructed the prosecution to prepare committal papers if the matter would be handled by the High Court and to update his court on the next session.
Despite the legal developments, Kitutu has appealed against Lady Justice Kajuga’s decision, arguing that her role as a Minister involves policy-making, not technical work handled by technocrats like accountants.
Kitutu asserted that she never requested funds to conduct field activities and emphasised her role as a policy guide rather than directly participating in implementation.
She further questioned the involvement of the Inspectorate of Government (IGG), citing the IGG’s prior role as a Cabinet Minister less than two years ago.
END