The Court of Appeal has dismissed an appeal by former Karamoja Affairs Minister Mary Goretti Kitutu Kimono, ruling that her criminal prosecution over the diversion of iron sheets meant for Karamoja was not rendered invalid by alleged violations of her fundamental rights.
In a judgment delivered by Justice Moses Kazibwe Kawumi, with Justices Christopher Gashirabake and Geoffrey Kiryabwire concurring, the appellate court upheld an earlier High Court decision that rejected Kitutu’s human rights application seeking to halt her trial.
Kitutu had appealed against the November 28, 2023 ruling of the Anti-Corruption Division of the High Court, arguing that police investigators, parliamentary officials and prosecutors violated her non-derogable right to a fair hearing during investigations into the Karamoja iron sheets scandal.
She claimed she was summoned to the Criminal Investigations Directorate (CID) through the Prime Minister, arrested upon arrival, interrogated by several security officers, forced to sign a prepared statement and later subjected to degrading treatment before Parliament’s Presidential Affairs Committee. Kitutu further alleged she was detained incommunicado, blindfolded, denied food, water and access to her lawyers and family, while also accusing the State of withholding evidence that could aid her defence.
However, the Attorney General, Uganda Police, the Directorate of Public Prosecutions and Parliament denied the allegations through multiple affidavits, maintaining that Kitutu was lawfully summoned, treated with dignity, offered food and water, voluntarily recorded and signed her statement, and was produced before court within the constitutional 48-hour period.
The respondents also told court that the parliamentary inquiry into the procurement and distribution of iron sheets was conducted within Parliament’s constitutional oversight mandate and that Kitutu was afforded an opportunity to appear before the committee.
The High Court had previously found that Kitutu failed to prove claims of torture, cruel or degrading treatment, malicious media publicity or denial of a fair hearing, and concluded that the investigations and resulting criminal charges were not irreparably tainted by human rights violations.
Dissatisfied, Kitutu lodged ten grounds of appeal, challenging the trial judge’s findings on disclosure of evidence, prosecutorial misconduct, legal representation, media coverage, alleged blindfolding and detention, and the conclusion that her rights had not been violated during the investigations.
The Court of Appeal’s decision means the criminal proceedings against Kitutu over the alleged loss of public property and conspiracy to defraud in relation to the Karamoja Community Empowerment Programme remain valid and may continue before the Anti-Corruption Court.
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