KAMPALA, UGANDA: Karamoja affairs minister Mary Goretti Kitutu is staring at spending 10 years in jail after being charged with four counts of loss of public property, corruption, receiving stolen goods and conspiracy to defraud.
Kitutu was on April 6, 2023, afternoon charged alongside her personal assistant, Joshua Abaho, who is also the senior assistant secretary in the ministry and her brother, Michael Naboya Kitutu.
Kitutu, Naboya and Abaho appeared before the Anti-Corruption Court in Kampala and were charged under the Anti-Corruption Act 2009, which stipulates the punishment for the corruption offences committed.
A person convicted of an offence under sections 2, 3, 4, 5, 6, 7, 8, 12, and 13 is liable, on conviction, to a term of imprisonment not exceeding 10 years or a fine not exceeding 240 currency points, or both.
This would mean Kitutu, together with her co-accused, are each to pay sh4,800,000 in addition to the sentence.
If convicted, Kitutu would be barred from holding any public office for 10 years. Under Article 80 (e) of the 1995 Constitution, she would also be barred from being an MP if found guilty.
Kitutu arrived at the court at around 12:15pm while covering her face and her vehicle parked right at the holding cells, where she was ushered in pending her arraignment in court.
On the loss of public property contrary to Section 10 (1) of the Anti-Corruption Act, the state alleges that Kitutu, between June 2022 and January 2023, at the Office of the Prime Minister (OPM) stores in Namanve, Mukono district caused a loss of public property in the form of 9,000 pre-painted iron sheets (gauge 28).
They allege that by diverting the said iron sheets from the intended purpose of benefitting the Karamoja Community Development Programme (KCEP) to her own benefit and to the benefit of third parties, there is reason to believe that such an act would result in the loss of the said public property.
Abaho was charged with corruption, contrary to Section 2 of the Anti-corruption Act. The state alleged that Abaho, from June 2022 at the OPM stores in Namanve, Mukono district, being a public official in the position of senior assistant secretary in the Karamoja affairs ministry, diverted 9,000 pre-painted iron sheets meant for KCEP, for purposes unrelated to those for which they were intended and for the benefit of third parties, which he received by virtue of his position for purpose of custody and distribution.
On the second count of corruption under Section 2 of the Anti-Corruption Act, the state alleged that Abaho, during the month of January 2023 at the OPM stores being a public official, diverted 5,500 pre-painted iron sheets which were meant for KCEP for purposes unrelated to those of which they were intended, and for the benefit of third parties which he received by virtue of his position for purposes of custody and distribution.
Naboya was charged with receiving stolen items, contrary to Section 314 of the Penal Code Act with the state alleging that between the month of June 2022 and January 2023 at Situmi village, Bukhawekha sub-county, Namisindwa district, he received 100 pre-coasted iron sheets of gauge 28 marked OPM-Uganda having reason to believe the same to have been feloniously obtained.
Kitutu and Abaho were also jointly charged with conspiracy to defraud contrary to Section 309 of the Penal Code Act with the state alleging that between the month of June 2022 and January 2023, they conspired together by deceit to defraud beneficiaries under the KCEP of 9,000 pre-painted iron sheets of gauge 28.
Only environment state minister Beatrice Anywar stood by Kitutu. Anywar brought her a changing dress and was also allowed to meet her in the cells.
In court, a lanky, mean-looking Police officer stood by the minister throughout the session.
Kitutu arrested
Kitutu was arrested on Tuesday in Parliament while appearing before the presidential affairs committee that is also probing the matter and handed over to the CID.
She was then taken to Kibuli, where the joint team of CID and State House Anti-Corruption Unit (SHACU) were waiting for her. This was after Kitutu snubbed the summonses that had been served to her by Police.
When she appeared before CID, Kitutu declined to speak to the detectives, forcing the Police to detain her. At about 10:45pm, a decision was made to drive Kitutu to Kira Division Police headquarters in Kira municipality where she spent two days.
On Wednesday, detectives carried out a search at the minister’s home and also hoped that she would lead them to another venue in Bulindo and Kayunga, where it is alleged she was keeping other iron sheets, but she declined.
Detectives had hoped that Kitutu would explain why she allocated herself the iron sheets she had requested claiming they were being taken to the vulnerable in Karamoja.
She was also supposed to explain how other ministers accessed the iron sheets that had been released to the OPM stores and were supposed to be delivered to Karamoja.
The detectives also hoped to establish why the iron sheets were not delivered and who gave the directive of the distribution to the ministers.
Kitutu was also supposed to explain how the iron sheets ended up in Namisindwa at the homes of her mother and brother, only for them to start selling them.
Her file was then sent to the Directorate of Public Prosecution, which recommended that Kitutu be charged alongside her brother, Michael Nabwoya, who was arrested on February 12.
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