Why court declined to release Minister Kitutu on bail

Karamoja Affairs minister Mary Goretti Kitutu, was last evening sent back to Luzira prison after court ruled that three of the four sureties including her husband presented, were not substantial.

Presiding Chief Magistrate at the Anti-Corruption Court, Ms Joan Aciro, observed that the three sureties failed to demonstrate their financial capacity that they would be able to execute court bond in case the minister was temporarily released but disappeared as required by the rules of the same court.

The only surety found substantial for having demonstrated financial capacity was MP for Mbale City North Division, Mr Seth Wabende.

Ms Kitutu is accused of diverting 14,500 iron sheets meant for the vulnerable people in Karamoja for her own selfish benefit.

“…It is only surety two, Hon Wabende Seth who has presented before this court proof of employment as the current Member of Parliament for Mbale City North Division. I must say the earnings of MPs are sufficient for one to be considered as a surety, especially in this court. I find that he is the only surety who passes the test of Rule 7 (b) of the above rules and he is the only surety that this court finds substantial,” ruled Magistrate Aciro.

She added: “Much as court finds surety number three substantial (MP Wabende), this court declines to grant the applicant (minister Kitutu) bail as it requires at least more than one surety. Let the applicant go back to the drawing board and find other sureties and add onto the one that court has found substantial.”

The rejected sureties were Mr Micheal George Kitutu, the minister’s husband, Mr Simon Mulongo, a former MP and current diplomat with African Union and Dr Joel Wadawa, a plastic surgeon working with Kiruddu hospital.

In her analysis, Magistrate Aciro said the trio sureties merely mentioned their places of work without proof of financial capability like presenting their bank statements and that this fell short of the court rules.

Kitutu’s husband had told court that he was a professional accountant though currently into real estate business.

“I find surety one, Mr Micheal Kitutu George, surety two, Mr Simon Mulongo and surety four, Mr Wadawa not substantial. This court finds no merit in all grounds of objection raised by the prosecution save for those raised in regard to the sureties are found not to be substantial as they do not meet requirements of Rule 7 (b) of the rules of this court,” held magistrate Aciro.

Kitutu’s lawyers led by Micheal Wamasebu and John Musiime, shortly after the unfavourable ruling, pleaded with court to allow them present two more substantial sureties by 6pm last evening.

Ms Aciro instead said she would find some time tomorrow at 9am to allow Ms Kitutu bring on board two more substantial sureties.

The third suspect in this matter, Mr Joshua Abaho, the senior assistant secretary in Ministry of Karamoja Affairs in the Office of the Prime Minister did not appear before court to be officially charged.

Mr Abaho instead, sent his lawyer Mr Paul Kutesa to inform court of how he has never formally received criminal summons, requiring him to appear. He added that his client only learnt of the same through media.

Mr Kutesa also defended his client and asked for more time to enable him appear, stating that his wife got a miscarriage and that he is the only one taking care of her in hospital.

Subsequently, court extended criminal summons against Mr Abaho to April 27 when he will appear and be charged.

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

The DPP, among others, contends 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 them from the intended purpose of benefiting the Karamoja Community Empowerment Programme.

It is alleged that she diverted the sheets to her own benefit and to the benefit of third parties. Count two, of the same charge of causing loss of public property, the minister is accused of causing the loss of 5,500 iron sheets.

She is jointly charged with her younger brother Michael Naboya Kitutu who is also currently on remand.

Court will tomorrow, also rule on an application for bail for Kitutu’s brother.

Kitutu’s brother is accused of receiving stolen pre-coated iron sheets totaling to 100 between June 2022 and January at Situmi Village, Bukhawekha Sub-county, Namisindwa District, having reason to believe the same had been feloniously obtained.

The Karamoja iron sheets scandal that has since sucked in over a dozen ministers as beneficiaries, saw President Museveni come out strongly this week to denounce the ministers involved, saying the same amounts to subversion, undermines the country’s security and that they should be charged with theft.

The office of the DPP on Tuesday this week, said it had received eight more case files from police for perusal and possible prosecution.