The Court of Appeal in Kampala has dismissed an appeal by former Karamoja Affairs Minister Mary Goretti Kitutu challenging her prosecution in two separate criminal cases arising from investigations into the management of the Karamoja supplementary programme.
A three-member panel comprising Justices Moses Kazibwe Kawumi (Deputy Chief Justice), Christopher Gashirabake and Geoffrey Kiryabwire on Friday upheld the decision of the Anti-Corruption Division of the High Court, which had rejected Kitutu’s application seeking to have the two criminal proceedings joined or one of them declared invalid.
The judgment, delivered by the Deputy Chief Justice Moses Kazibwe Kawumi as the lead author, has found that the two cases were based on different allegations, expenditure items, periods of alleged offending, co-accused persons and evidential requirements.
Kitutu, who was Minister for Karamoja Affairs and Woman Member of Parliament for Manafwa District at the time of the alleged offences, had argued that the two prosecutions arose from substantially the same facts relating to the Karamoja supplementary budget for the 2021/2022 financial year.
She contended that being subjected to separate proceedings amounted to fragmentation of what was essentially one criminal transaction and violated her constitutional right to a fair hearing under Article 28 of the Constitution.
The first case, High Court Criminal Case No. HCT-00-AC-0005-2023, was instituted by the Director of Public Prosecutions and principally concerns allegations surrounding the diversion of more iron sheets procured under the Karamoja Community Empowerment Programme.
Kitutu faces two counts of causing loss of public property involving 9,000 and 5,500 pre-painted iron sheets, respectively, as well as a charge of conspiracy to defraud. Other accused persons in this case, including her brother Michael Naboya Kitutu and Personal Assistant Joshua Abaho, face charges including corruption and receiving stolen property.
The second case, HCT-00-AC-0056-2023, was instituted by the Inspectorate of Government and concerns alleged irregularities in the management of supplementary funds intended for peacebuilding, disarmament, monitoring and related administrative activities in Karamoja.
In that case, Kitutu and her co-accused faced charges of causing financial loss involving 1.555 billion shillings and corruption involving 2.230 billion shillings. Uganda Radio Network, however, understands that these charges arising from the IGG’s office were later withdrawn from her co-accused. Kitutu is alone on the case file before the Anti-Corruption Court.
The Court of Appeal, however, in its ruling, has found that the two sets of charges were founded on different sections of the law and concerned different conduct.
Justice Kazibwe Kawumi said the constitutional protection against double jeopardy does not prevent separate prosecutions where the offences are distinct, even if they arise within the same government programme or broader public inquiry.
The Court also rejected Kitutu’s argument that the involvement of several investigative agencies amounted to abuse of the prosecutorial process.
The judgment states that complex allegations involving public expenditure may require investigations by different constitutional and statutory bodies, each acting within its mandate. According to the Court, institutional overlap by itself does not amount to constitutional abuse.
The judges found no evidence that the Inspectorate of Government had simply reopened or duplicated investigations that had already resulted in the prosecution brought by the Director of Public Prosecutions.
The Court further rejected claims that Kitutu had suffered constitutional prejudice from summonses, investigative measures or the burden of defending two criminal cases at the same time.
Justice Kazibwe Kawumi said a person alleging violation of the right to a fair hearing must demonstrate actual prejudice or show that the fairness of the criminal process had been substantially undermined.
The Court noted that although the wording of one summons could have been clearer, Kitutu had not complied with it and there was no evidence that essential documents had been seized or withheld from her.
It also found that the additional financial burden of defending two separate criminal proceedings could not, on its own, amount to a constitutional violation where the prosecutions concerned distinct criminal conduct.
The Court consequently dismissed the appeal in its entirety and upheld the High Court’s decision that was made by Lady Justice Jane Okuo Kajuga, who is no longer the trial judge in this case.
Each party was ordered to bear its own costs of the appeal.
On August 31st 2026, Kitutu returned before the Anti-Corruption Court nearly two years after the Court had halted the hearing of the iron sheets scandal case. She appeared before Judge David Makumbi, who adjourned the case to October 12th 2026, pending the outcome of this decision of the Court of Appeal.
The decision that was delaying the trial of the trio to take place in the Anti-Corruption Court is here.