Iron sheets scandal: The evidence against Kitutu, Lugoloobi

ICYMI: Museveni to decide ministers’ fate over iron sheets scandal

However, the same public prosecutor’s office last evening refused to comment on why DPP Jane Frances Abodo’s recent decision to close 17 files overlooked reports that those very suspects also received the same stolen iron sheets as unintended beneficiaries. 

“We don’t discuss evidence that we intend to use in court matters with the media,” Ms Jacquelyn Okui, the spokesperson of the office of the DPP, said over the phone. 

The DPP had also claimed that some of the named ministers had outstanding requests to the Office of the Prime Minister (where the Karamoja Affairs dockets sits) for relief assistance dating back to 2018 -- which they thought were being honoured when they received the iron sheets.  

Ms Okui indicated that in such cases, the ministers returned the iron sheets upon realising that they were actually meant for Karamoja. However, ministers are known to have started returning the roofing materials, or paying cash reimbursements, only after President Museveni’s March 13, directive issued in a letter to Prime Minister Robinah Nabbanja. 

At the weekend, Ms Abodo announced that she had cleared 17 case files for lack of incriminating evidence  – an action which has since drawn wide criticism in and outside Karamoja.  

It is understood that some of the 17 files may involve Vice President Jessica Alupo; Speaker of Parliament Anita Among; Prime Minister Nabbanja and other ministers. 

Ms Kitutu and Mr Lugoloobi join the junior minister for Karamoja Affairs, Ms Agnes Nandutu, who became the first minister to be committed for trial by the High Court in mid-April over the iron sheets scandal. Ms Nandutu was charged with dealing in suspect property contrary to Section 21a(1) of the Anti-Corruption Act, 2009.

At the Anti-Corruption Court yesterday, Chief State Attorney Jonathan Muwaganya presented a 10-page summary of evidence before Chief Magistrate Joan Aciro showing that in 2021 the Karamoja ministry, headed by Ms Kitutu, received a supplementary budget of over Shs39 billion. 

The billions were to be spent on disarmament, pacification and peace-building programmes in Karamoja. Goats and iron sheets would be bought and distributed to youth warriors known as karachunas, the elderly and other vulnerable persons. 

READ: Bad politics behind iron sheet saga - Nabbanja

Government released the money in three instalments with two companies; MM Integrated Steel Mills Uganda Ltd and M/S Roofings Group contracted to supply the iron sheets.

The case against Kitutu
“…the above iron sheets from MM Integrated Steel Mills Uganda and M/S Roofings Group totalling to 95,044 were delivered to the OPM stores at Namanve pending implementation of the programme in Karamoja sub-region,” the summary reads. 

“On June 8, 2022, Abaho Joshua (a co-accused to minister Kitutu), wrote an internal memo to the undersecretary/accounting officer OPM, requesting for release of 10,000 pre-painted iron sheets to be used at the official launch of the distribution of the items including iron sheets by His Excellency the President in Moroto.  

The memo was approved by the undersecretary on June 10, 2022 and forwarded to the senior inventory management officer to process and release 10,000 pieces of iron sheets.  

However, the DPP’s evidence will show that only 1,000 iron sheets were released for the launch by the President at Naitakwae grounds in Moroto District.   

“After the launch of the programme on June 13, 2022, A1 (Minister Kitutu) through A2 (Mr Abaho), started distributing the 9,000 iron sheets that had been left in the stores to various unintended beneficiaries, including ministers and members of Parliament. Out of the 9,000 iron sheets, A1 allocated herself and took 3,000 iron sheets,” the DPP contends. 

Adding: “Again, on January 12, 2023, A1 wrote an internal memo to the undersecretary requesting for the release of 12,200 pieces of iron sheets for distribution to special groups of vulnerable and karachunas. Out of the 12,200 iron sheets, 5,500 were released from the OPM stores and distributed amongst several unintended beneficiaries, including A1...”  

In February this year, the accounting officer at OPM and security agencies received intelligence alerts that iron sheets released for Karamoja were being sold on the open market in Namisindwa District, the minister’s home area. 

“… Investigations confirmed that on June 17, 2022, A1 directed her personal assistant (Mr Abaho), to pick 3,000 pieces of iron sheets from OPM stores and deliver to her home in Nsooba-Kyebando, the same were received by her daughter-in-law Ndagire Winfred,” the summary says. 

“… on February 1, 2023, A1 (minister Kitutu) directed her personal assistant, Abaho to pick another 3,000 iron sheets from OPM stores and deliver them to her Bulindo home in Kitukutwe, Kira Municipality Wakiso District, Parliamentary Sacco estate. Investigations confirm that the said home at Block 180 Plots 2120 and 2121 at Kitukutwe belongs to A1 having bought the same from Uganda Parliamentary Sacco.” 

It will be shown in court that 390 iron sheets were recovered from the homes of the minister’s relatives: at her mother’s home 89 sheets; 31 sheets from the home of her brother and co-accused, Mr Micheal Naboya Kitutu; 230 pieces from the home of her nephew, Mr Julius Wabwire and an unnamed quantity from a one Ms Loyce Musuya. 

ALSO READ: Arrests over iron sheets silence ministers’ sirens

The public prosecutor will also submit that another 19 pieces were recovered from a Manafwa District hardware shop belonging to Mr Emmanuel Wadada, a political assistant to the member of Parliament for neighbouring Butiru County, Mr Godfrey Wakooli Matembu. 

“The prosecution shall contend that the accused persons have no lawful excuse for their actions and pray that each of them be convicted as indicted.” the DPP prayed to court. 

Ms Kitutu faces two counts of causing loss of public property and one count of conspiracy to defraud. 

It is the prosecution’s case that between June 2022 and January, at the OPM stores in Namanve, Mukono District, the minister caused loss of public property to wit 9,000 pre-painted gauge 28 iron sheets by diverting the said iron sheets from the intended purpose of benefiting the Karamoja Community Empowerment Programme. 

It’s further alleged that the minister diverted the roofing material to her own benefit and to the benefit of third parties. In count two of the same charge, the minister is accused of causing the loss of 5,500 iron sheets. 

The minister’s younger brother Naboya is accused of receiving 100 stolen iron sheets between June 2022 and January 2023 at Situmi Village, Bukhawekha Sub-county in Namisindwa District, having reason to believe the same had been feloniously obtained.
 
The case against Lugoloobi
It will be shown in court that in June 2022, Mr Abaho called Mr Lugoloobi’s personal assistant, one Ms Hawa Bawaya, and told her that the minister was allocated iron sheets which should be collected from OPM Namanve stores. 

Ms Bawaya is said to have informed the minister of the call following which he allegedly instructed her to share the telephone contact of the OPM staff with his political assistant, Mr Allan Damulira. 

“On July 15, 2022, Mr Damulira together with the accused person’s driver, proceeded to the OPM stores in Namanve, where they were issued with 400 irons sheets to be delivered to the accused person,” the DPP states. 

“…A total of 400 iron sheets was loaded onto the accused person’s motor vehicle, Isuzu Canter Reg. No. UBG 430S and driven to his store in Matugga where they were kept until August 2022, when he started utilising them for different purposes.” the DPP further notes. 

The evidence summary shows that 84 of the 400 pieces of iron sheets were removed from Mr Lugoloobi’s store in Matugga and delivered to New Hope Primary School in Busolo village, Bukusu parish in Kayunga Sub-county (near the minister’s home area which is hundreds of miles away from Kampala) allegedly on the minister’s orders. 

Subsequent investigations revealed that this school belongs to one Mr Fred Mayinja who is definitely not one of the intended beneficiaries of the Karamoja iron sheets programme. 

“When the investigations into the diversion of the Karamoja iron sheets were commenced by the police, the accused person removed all his pre-painted iron sheets marked Office of the Prime Minister from his goat shed and instead replaced them with brand new iron sheets that had no markings,” the DPP avers. 

Adding: “…When the police visited the accused person’s farm on February 28, 2023, they found his workers replacing the roof of the goat shed with the new iron sheets. At that time, only the part of the shed had been roofed with the new iron sheets but the works were still ongoing.”  

Further, the DPP says that the police immediately conducted a search on the minister’s farm and recovered 108-gauge 28 iron sheets with nail holes, labelled Office of the Prime Minister. 

The DPP also alleges that 210 unused iron sheets, also branded ‘Office of the Prime Minister’ were recovered from the minister. 

“Apart from the 400 iron sheets that were received by the accused person as enumerated under the preceding paragraphs, the accused person also received an additional 300 iron sheets from the OPM on the January 12, 2023,” the public prosecutor says.  

The evidence against Mr Lugoloobi closes with the assertion: “All the iron sheets that were received by the accused person were property of the government of Uganda and were supposed to be distributed to the karachunas and the vulnerable groups in Karamoja Sub-region. The iron sheets were labelled office of the Prime Minister.” 

FYI: 30 MPs named in iron sheets saga

Mr Lugolooobi, who is also Ntenjeru North MP in Kayunga District, faces a lone charge of dealing with suspect property contrary to Section 21 A of the Anti-Corruption Act as amended. 

Some of the evidence
Documentary evidence against minister Kitutu
1. Terms and conditions of appointment letter of A1 (Kitutu) dated July 9, 2021.
2. Report on recovery of exhibits vide CID headquarters dated April 4,2023
3. Office of the Prime Minister (OPM) delivery note/issue vouchers.
4. Internal memo from Joshua Abaho to US/AO dated June 8, 2022.
5. Internal memo from Mary Goretti Kitutu Kimono dated October 12, 2022.
6. Stores requisition and approval voucher dated January 24.
7. Ledger book extracts.
8. Handwriting expert report dated May 15.
9. Digital forensic report dated April 17.
10. Submission of the list of beneficiaries for community empowerment programme dated March 22, 2022
11. Proposal for disarmament, pacification and peace building in Karamoja region Cabinet memo.
12.  Minutes of the 20th Senior Top Management Committee Meeting of the OPM held on Tuesday February 1, 2021 in the Prime Ministers main board room.
13.  Goods received notes from both MM Integrated Steel Mills Uganda Limited and Roofing Rolling Mills Limited.
14. Search certificates dated  February 11, 2023, February 12 and February 13.
15. Exhibit report dated February 11, 2023, February 12 and February 13.

Documentary evidence against minister Lugoloobi
1. The accused person’s terms and conditions as a minister of state
2. The guidelines for distribution of iron sheets dated March 22, 2022
3. Work plan for distribution of the iron sheets to Karamoja Sub-region 
4. Schedule of the recipients of the iron sheets.
5. The scenes of crime officer reports
6. A search certificate in respect of the search that was conducted at the accused person’s farm. 
7. Search certificates for the iron sheets that were returned to OPM stores by the accused person
8. OPM goods received notes for the iron sheets that were returned by the accused person to the OPM stores.
9. Exhibit slips in respect of the recovered iron sheets.
10. OPM stores ledger book for distribution of iron sheets.
11. Documents used in processing supplementary funding for the Karamoja disarmament programme.
12. Dr Kitutu’s internal memo dated January 12 to the Under Secretary OPM directing the release of 12,200 iron sheets. 
13. Dr Kitutu internal memo for donation of iron sheets under the Ministry of Karamoja Affairs.
14. Dr Kitutu’s distribution list for the Karamoja iron sheets.
15. OPM internal audit into the status of the iron sheets that were procured under the affirmative active programmes.
16. OPM requisition and grant of the supplementary budget for the Karamoja disarmament programme.

Additional reporting by Andrew Kaggwa Odaka.