KARAMOJA IRON SHEETS SCANDAL

Presented & edited by Joseph Kizza
Additional information by Michael Odeng
(Scroll down the page for earlier updates)
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12:42 pm  |   IN PICTURES 📸

Relief and smiles in the defence camp as Karamoja affairs minister Mary Goretti Kitutu and her brother, Michael Naboya Kitutu, are granted bail by the Anti-Corruption Court.

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12:38 pm  |   REACTIONS: 'I am excited'

Another supporter of minister Kitutu is mobbed by members of the press for a comment.

"This is just the beginning," he says. "I don't have much [sic] comments. All I can say is that I am excited."
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12:36 pm  |   REACTIONS: 'I gladly welcome decision'

After the court verdict, reporters crowd around the State Minister for Trade, Michael Werikhe Kafabusa, outside the courtroom to get his thoughts.

"I am glad that bail has been granted," he says.

"Of course we are all law-abiding citizens and this is what we had been hoping for. I gladly welcome the decision of Her Worship."
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12:34 pm  |   MINISTER KITUTU GRANTED BAIL

Chief Magistrate Joan Aciro adjourns the case until April 27, 2023 at 9am.

Below, Kitutu embraces businessman Gregory Gidagui Mafabi, one of her sureties, after the court bail verdict.

Aciro says that A2, who is Joshua Abaho, the senior assistant secretary in the Ministry of Karamoja Affairs in the Office of the Prime Minister, will be expected to appear in court then. Abaho is accused of corruption in this case.
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12:23 pm  |   MINISTER KITUTU GRANTED BAIL

A1 (Mary Goretti Kitutu) has been granted bail after court finds her sureties substantial.

The conditions for granting her bail are:

▪️ A cash deposit of sh10m
▪️ Each surety is bonded at sh200m not cash
▪️ Kitutu's two land titles are deposited in court

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12:20 pm  |   Minister set to learn fate

Next is minister Mary Goretti Kitutu's bail verdict.
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12:19 pm  |   KITUTU'S BROTHER GRANTED BAIL

A3 (Michael Naboya Kitutu) has been granted bail after court finding his two sureties substantial.

The conditions:

▪️ He will make a cash deposit of sh3m.
▪️ Each surety is bonded at sh100m not cash.
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12:14 pm  |   Kitutu's brother to learn bail fate

First up, the verdict for the bail application by A3 (Michael Naboya Kitutu) - minister Kitutu's brother, who is accused of receiving stolen property (iron sheets meant for Karamoja people).

The application was made last Wednesday, during which his team presented two sureties.
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12:03 pm  |   'No comment' from State on sureties

The defence team are now hoping that they have done enough to present sureties that are substantial enough for court to grant bail their client, Karamoja affairs minister Mary Goretti Kitutu, bail.

The prosecution team have elected not to make comment on the sureties presented, saying that if court finds the proposed sureties substantial, "the State will reiterate its earlier submissions of stringent conditions in the event of grant".

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11:57 am  |   Surety: Dr. John Faith Magolo

The final surety presented is Dr. John Faith Magolo, MP for Bungokho County North in Mbale district.

He is 49 years old and is "ordinarily" a resident of Namugongo in Kira Municipality. He is a friend and a colleague of A1 in Parliament.
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11:53 am  |   Surety: Gregory Gidagui Mafabi

The next surety is Gregory Gidagui Mafabi, 65, who is a businessman based in Mbale city and owns two hotels in Mbale.

He is a friend of A1 and is also a designate-leader of the Bamasaba Cultural Institution.
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11:48 am  |   Surety: Peter Christopher Werikhe

The next proposed surety is Peter Christopher Werikhe, who represents Bubulo County West in Manafwa district in Parliament.

He is 55 and a resident of Kito zone A in Bweyogerere Division in Kira Municipality. He is a friend and colleague in Parliament of A1.

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11:44 am  |   Surety: Godfrey Wakooli Matembu

The next surety is Godfrey Wakooli Matembu, the MP for Butiru county in Manafwa district, where A1 (Mary Goretti Kitutu) is the Woman MP.

He is a resident of Kira Division, Kira Municipality and a parliamentary colleague to A1.
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11:40 am  |   Surety: Dominic Mafwabi Gidudu

The defence team are set to present their other proposed sureties for A1 (Mary Goretti Kitutu).

The second one is Dominic Mafwabi Gidudu. Minister of State for the Elderly and also the MP for Older Persons for Eastern region.

He is the chairman for the ruling party National Resistance Movement (NRM) Elders League and a member of the Central Executive Committee of the ruling party (NRM).

He is 75 and a resident of Nasuti cell, Ntawo ward, Mukono central division. He is a friend to A1.
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11:34 am  |   Sub judice application 'dismissed'

In their rejoinder to the State's reply, the defence team say they will make a formal application in due course.

Chief Magistrate Joan Aciro rules that the defence team has "conceded" to the State's reply and thus the application is dismissed.
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11:26 am  |   'Application is fatally defective'

In their conclusion, the prosecution team say: "The application is fatally defective, not supported by evidence and should be dismissed."

The team prays that the application is dismissed "but we are not praying for costs".
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11:20 am  |   'A public trial'

The prosection submit that "this is a public trial".

The team says that their other concern is that "all the allegations made by the defence were false". For instance, the allegation that ODPP (Office of the Director of Public Prosecutions) "implied that A1 (Mary Goretti Kitutu) was to be charged with conspiracy to committ a felony which was not done is also false. False because the charge of conspiracy under charge 6 is a felony".

"The right of the public to freedom of information must be respected even in reports on criminal proceedings. Judicial power is derived from the people. The confidence of the public in the Judiciary can never be built on restraints, on publication and access to courtroom information or decisions by investigative authorities like the DPP."

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11:12 am  |   On evidence

"Our third concern relates to the source of evidence produced. The best principle here is the basic evidence rule, which requires that only original documents in written form may be admissable in the courts of law. Once a document is put in issue, the burden is on the person alleging to prove that it is original," adds the prosecution team.
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11:05 am  |   'Submissions from the bar'

The prosecution team continues: "Our second concern is that all the evident produced by the esteemed brother were submissions from the bar. Your Honour, proof of the allegations required proper evidence through a witness either through a physical presence in court or through an affidavit.
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10:56 am  |   'Presentation of hearsay'

The state is replying to the submission by the defense team on alleged abuse of the sub judice rule. Part of the prosecution team's argument against the submission is the mode of application.

"It was orally made in court and in totality was a presentation of hearsay. None of the allegations made were supported by any evidence worth of admission for the consideration of this court."

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10:38 am  |   What to expect today

The prosecution team begins by saying there are three businesses to take care of today:

▪️ A pending bail ruling for A3 (Michael Naboya Kitutu)
▪️ A pending reply to the submission on alleged abuse of the sub judice rule
▪️ A possible bail application for A1 (Mary Goretti Kitutu)
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10:35 am  |   Inside the courtroom

And here comes Chief Magistrate Joan Aciro. All rise!

A reminder of what the charge sheet says...

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10:32 am  |   Inside the courtroom

Kitutu's brother, Michael Naboya Kitutu, will also learn the fate of his bail application today.

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10:32 am  |   Inside the courtroom

The wait is on. A filled courtroom is patiently waiting for Chief Magistrate Joan Aciro to emerge to get today's session under way.

The defense legal team is sat in . . .

Minister Kitutu is seated next to her brother, both wearing light-blue masks.

The State Minister for Trade, Michael Werikhe Kafabusa (below centre), is inside the courtroom.

Kitutu's legal team will present a new set of sureties after three of her four initial choices - including her husband - were deemed unsubstantial by the magistrate last Wednesday.

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10:00 am  |   Will Minister Kitutu - finally - get bail?

Hello and good morning. This question is the reason Karamoja affairs minister Mary Goretti Kitutu is back in court today. Here, she is seen arriving at the Anti-Corruption Court this (Friday) morning.

Mid-this week, Kitutu made a fresh bid for bail after her earlier move was rejected over unsubstantial sureties.

The 61-year-old politician, who is also the Manafwa district Woman MP, is accused of diverting iron sheets meant for Karamoja sub-region. Chief Magistrate Joan Aciro on Wednesday declined to release the minister on bail because the sureties were not substantial.

"The sureties cannot compel the accused person to attend trial when need arises," she ruled, much to the disappointment of the defence teamThe magistrate advised the lawyers to present other people to stand surety for Kitutu.

Kitutu is battling charges of loss of public property, contrary to Section 10 (1) of the Anti-Corruption Act, 2009 and conspiracy to defraud, contrary to Section 309 of the Penal Code Act.

She denied the offences, which elicits a 10-year jail term on conviction.

The embattled minister is facing the charges alongside her brother Michael Nabwoya Kitutu and personal assistant Joshua Abaho. Naboya is accused of receiving stolen property while Abaho of corruption.

Last week, the Assistant Director of Public Prosecutions (DDP) Josephine Namatovu informed court that investigations are in advanced stages but that there are a few critical areas that are yet to be done, especially on recovering the diverted iron sheets from Kitutu herself.

The Office of the DPP seeks to recover 14,500 iron sheets from the people implicated in the saga.

Namatovu also informed court that the Police is hunting for Kitutu’s accomplices and key suspects, who are her close family members.

Currently on the run are Kitutu’s son, Philemon Weganga, Jeniffer Amongin (sister-in-law), Lydia Namutosi (niece), Steven Wabwire (nephew), and Winfred Ndagire (daughter-in-law).