KAMPALA– Anti Corruption High Court judge Jane Okuo Kajuga has halted the hearing of the case in which Hon. Gorretti Kituutu and two others are charged with Loss of Public Property and Conspiracy to defraud.
In the above matter , prosecution contends that between June 2022 and January 2023 at the Office of the Prime Minister’s stores in Namanve, Kituutu caused loss of public property to wit 9,000 and 5.500 pre-painted iron
Sheets Gauge 28 respectively by diverting the iron sheets from the intended purpose of benefitting the Karamoja Community Empowerment Program to her benefit and that of
Third parties.
Following her committal to the High Court for trial, she filed Miscellaneous Application No 53/2023 against the Attorney General under the Human Rights (Enforcement) Act, 2019 alleging violation of her non-derrogable due process rights by the agents of thee respondent and praying for nullification of the criminal proceedings against her.
In keeping with the provisions of section 8(1) of the Human Rights Enforcement Act, the Criminal proceedings were stayed pending the resolution of the human rights violation alleged. By a ruling delivered on 28th November 2023, the application was dismissed and an order for the resumption of the criminal trial was made.
Being dissatisfied with this court’s ruling, the applicant filed Civil Appeal No 1525/2023 at the Court of Appeal challenging the dismissal of her application.
By this current application, the applicant seeks an order for a stay of the criminal proceedings due to commence later in February 2024.
Having listened to all parties and carefully analyzing all the grounds presented in the application, the judge noted that halting the proceedings will not leading to any miscourage of justice.
“It will be a futile and costly exercise for the court to proceed with the trial, and for the prosecution to call its witnesses and proceed to lead evidence, and even for the accused to defend themselves, only for the Court of Appeal to decide otherwise.”
Kajuga also pointed out that , it is the spirit of the Human Rights (Enforcement) Act, 2019 that any allegations of violation of fundamental rights and freedoms that arise during criminal proceedings, most especially non derrogable rights specified in Article 44 of the Constitution, that the question must first be settled before the trial resumes.
“In conclusion therefore, the application succeeds. I accordingly stay the proceedings in Criminal Case No s/2023 pending the decision of the Court of Appeal in Civil Appeal 1525/2023.” Ruled court.
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