Nandutu ‘hiding’ behind sickness to delay trial—DPP

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The Office of the Director of Public Prosecutions (ODPP) has accused former Karamoja affairs state minister Agnes Nandutu of falsely claiming she is sick to delay her prosecution in iron sheets case.

When the case resumed on March 12, 2025, chief state attorney David Bisamunyu questioned the validity of Nandutu’s illness, saying she was at the Constitutional Court on Friday (March 6, 2025).

“This is a ploy by the defence lawyers to delay the matter,” he said. The Anti-Corruption Court was presided over by Justice Jane Okuo Kajuga.

Bisamunyu made the submissions after the defence lawyers led by Caleb Alaka informed the court that Nandutu, who is also the Bududa District Woman Member of Parliament, was unable to start her defence, citing illness.

Other lawyers included Evans Ochieng, Charles Nandaah Wamukoota and John Nalela.

Presenting medical documents from Nakasero Hospital, the lawyers said Nandutu is suffering from bilateral pulmonary embolism, a serious condition where blood clots obstruct blood flow in the lungs, potentially leading to life-threatening complications.

The lawyers, therefore, requested for an adjournment, citing concerns about trying someone while sick, which has led to fatalities in the past, such as former Kawempe North MP Muhammad Ssegirinya and city lawyer Bob Kasango.

However, Kajuga acknowledged Nandutu’s health issues but noted that similar concerns were raised during the previous hearing.

She permitted the prosecution to investigate the medical documents to determine whether Nandutu’s illness is being used to avoid the hearing.

“The court cannot try someone who is ill or incapable of defending themselves,” she emphasised. The matter has been adjourned to March 28, 2025.

The case

Nandutu, is battling charges of dealing with suspect property, contrary to Section 21A (1) of the Anti-Corruption Act. If found guilty, Nandutu will be sentenced to seven years in prison.

However, Nandutu is contesting the legality of the law that led to her charges in the iron sheets case.

Through her lawyers, Nandutu argues that that the provisions of sections 21A (1) and (2) of the Anti-Corruption Act, 2009, under which she is charged are unconstitutional. She says the provision contravenes Articles 20 (1), 21 (1), 28 (1) and 44 of the Constitution.

The justices, led by Justice Hellen Obura, have reserved their ruling, stating that they will notify the parties once it is ready.

Other justices on the panel are Margaret Tibulya, Moses Kazibwe Kawumi, Dr. Asa Mugenyi and Musa Ssekaana.

Allegations

Prosecution alleges that Nandutu between June and July 2022, at the OPM stores in Namanve, and in Kkola Cell, Bulwanyi Parish, Mukono district, dealt with government property, namely, 2000 pre-painted iron sheets of gauge 28 marked “Office of the Prime Minister”, by receiving and holding the items, which she had reason to believe were acquired as a result of loss of public property, an offence under Section 10 (1) of the Anti-Corruption Act 2009.

On the other hand, Kitutu, who is the Manafwa district Woman Member of Parliament, faces two counts of loss of public property and conspiracy to defraud at the Anti-Corruption Court together with her brother Micheal Kitutu Naboya and personal assistant Joshua Abaho.