KOLOLO– Anti Corruption High Court judge, Jane Okuo Kajuga has dismissed an application which was filed by the Hon. Maria Gorretti Kitutu the Minister for Karamoja Affairs challenging Hon Betty Kamya , the Inspectorate General of Government’s decision of instituting parallel criminal charges against her.
She contended that IGG’s act of Instituting of summoning and subsequently initiating parallel criminal charges against her vide HCT-00-AC-CO-0056- 2023 founded on the same character with criminal charges for which she is already charged in HCT-00-AC-005-2023 contravened her rights to a fair hearing.
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Kituutu therefore asked court to issue a permanent injunction be issued restraining the IGG , its employees and agents from prosecuting her in respect of the alleged mismanagement of supplementary funds released to the Office of the Prime Minister to support peace-building activities in the Karamoja sub- region.
“I therefore decline to grant the reliefs sought. The Inspectorate of Government, its employees or agents shall not be restrained from prosecuting the applicant in respect of the alleged mismanagement of supplementary funds released to the Office of the Prime Minister to support peace- building activities in the Karamoja sub-region.” Ruled the judge as she dismissed the application.
Before the above decision, the trial Judge analyzed the evidence which was brought before her and found out that there is no connection between the acts that constitute the transactions in the alleged diversion of iron sheets and the peace- building activities as the Minister wanted court to believe.
“No connections can be seen between the accused persons in either case, and going the summary of the case in Case No 5/2023, no link whatever to the charges under case No 56/2023. It cannot be said that from the beginning, the various offenses were in contemplation, or necessarily arose therefore or formed parts of one whole transaction.”
In the Attorney General’s response to the application, he noted that the IGG’s interest is solely in the mismanagement of administrative and monitoring costs which court didn’t find any contradicting evidence.
Background
Hon. Gorretti Kitutu, is the Minister for Karamoja Affairs in the Office of the Prime Minister (OPM) and was charged by the Office of the Director of Public
Prosecutions (ODPP) with two counts of Loss of Public Property c/s 10(1) of the Anti-Corruption Act 2009 and Conspiracy to Defraud c/s 309 of the Penal Code Act Cap 120 in Criminal Case No. HCT-00-AC-005-2023.
She is charged along with her assistant, Joshua Abaho and Naboya Micheal Kitutu in the matter whose trial has not yet commenced.
The trial has been stalled by several applications made by the applicant alleging a violation of her fundamental rights and freedoms by various agencies of Government and sought amongst others.
One application was heard and dismissed by this court, prompting her to file Civil Appeal 1525/2023 in the Court of Appeal. She then filed Miscellaneous Application No 76/2023 seeking to stay the criminal trial pending the outcome of the appeal.
This application was allowed and the trial was stayed.
The above application aroused from the actions of another prosecuting agency, the Inspectorate of Government (G) which issued a written summons dated 6th December 2023 requiring the applicant to appear at its offices on the 11th of January 2024 to give information on an ongoing inquiry, and to produce any documents in respect of the management o supplementary funds released to the OPM for FY 2021/2022.
