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Iron sheets saga: Minister Kitutu’s brother loses bid to transfer trial to Namisindwa
L-R: Mr Micheal Naboya Kitutu, Ministry of Karamoja Affairs Senior Assistant Secretary Joshua Abaho and Karamoja Affairs Minister, Mary Goretti Kitutu in the dock at the the anti-corruption court in Kololo on April 27, 2023. PHOTO | ABUBAKER LUBOWA
What you need to know:
- Naboya wanted the case transferred from Kampala to Namisindwa district where he allegedly committed the crime.
The High Court at the Kololo based Anti-Corruption Court has declined to transfer the case of Michael Naboya Kitutu to Namisindwa.
Mr Naboya, the brother to Karamoja Affairs Minister, Mary Goretti Kitutu is facing corruption trial for allegedly receiving stolen iron sheets meant for the people of Karamoja.
Naboya wanted the case transferred from Kampala to Namisindwa district where he allegedly committed the crime.
Justice Jane Okuo Kajuga dismissed Naboya’s application saying the particulars of his offence of receiving 100 pieces of stolen iron sheets that were marked "Office of the Prime Minister” constitutes a corruption case that can be handled under the Anti-Corruption Court jurisdiction.
Justice Kajuga further stated that “there is a nexus between the corruption charges” against him, his sister and senior assistant secretary in the Ministry of Karamoja Affairs in OPM, Joshua Abaho.
She also explained that the period of the alleged commission of the trio's offences in June 2022 and January 2023, presents a series of a same transaction.
“I am satisfied that they are offenses which occurred in the series of the same transactions by virtue of continuity as defined herein before,” Justice Kajuga ruled.
Adding that, “By virtue of the fact, therefore, that the main offenses under the Anti-Corruption Act are connected to the charge of receiving stolen property, I find that the Magistrate’s court at the Anti-Corruption Division has the jurisdiction to entertain the matter.”
Naboya had told the court that he is a poor, vulnerable and sole breadwinner in his family yet his trial is in a court 270 kilometres away from where he lives.
However, Justice Kajuga overruled him on grounds that he had not demonstrated any legal prejudice he may suffer from being tried together with his sister and Abaho.
As such she had no cause to interfere with the jurisdiction of court.
“I do not find any irregularity on the record to warrant exercise of the powers under section 48 of the Criminal Procedure Act, the magistrate’s court at Anti-Corruption Court has jurisdiction to handle the case against the applicant, hence the application fails. The same is therefore dismissed,” Justice Kajuga ruled.
She insists that there is no legal prejudice Naboya will suffer facing a joint-trial.
The Justice also expressed dismay at the way the Director of Public Prosecutions, DPP, drafted Naboya's charge.
She said the DPP failed to show the connection or any transactions between Naboya and Kitutu or Abaho who are said to have diverted the Karamoja Iron sheets to the benefit of third parties.
The three await their committal by the Chief Magistrate’s court to the High Court for trial after prosecution indicating to court that investigations were complete.
Minister Kitutu faces two counts of loss of public property and one count of conspiracy to defraud.
The state claims the Minister caused the loss of public property amounting to 9,000 pre-painted iron sheets intended for the Karamoja Community Empowerment Programme.
