The trial of former Karamoja Affairs minister Mary Gorreti Kitutu over the alleged diversion of government iron sheets has been further delayed, with the Anti-Corruption court adjourning the case to October 12, 2026.
Kitutu and her former personal assistant, Joshua Abaho, appeared before justice David Makumbi on Monday. Kitutu’s brother, Michael Naboya Kitutu, who is jointly charged with causing loss of public property, was absent.
Kitutu’s lawyer, Jude Byamukama, told court that Naboya, who lives in Namisindwa district, had been unable to attend because the document issued when his bail was last extended indicated that the case would return on September 31, 2026, a date that does not exist.
Chief state Attorney Richard Birivimbuka asked the court to issue criminal summons requiring Naboya to appear and follow up on the proceedings. Justice Makumbi also sought an update on Kitutu’s case before the Court of Appeal, where she is challenging an earlier decision dismissing her claim that her rights were violated during her arrest and subsequent investigations.
Byamukama told court that the appeal is awaiting judgment. Justice Makumbi consequently adjourned the trial, saying the circumstances required the proceedings to await the Court of Appeal’s decision.
He directed Naboya’s lawyers to ensure that he attends the next hearing and extended bail for Kitutu and her co-accused until October 12.
The trial has now stalled for nearly two years following Kitutu’s appeal, in which she alleges that state agents violated her non-derogable rights during her arrest and investigations.
Iron sheets allegations
Prosecution alleges that between June 2022 and January 2023, at the Office of the Prime Minister’s stores in Namanve, Mukono district, Kitutu caused the loss of 9,000 pre-painted gauge 28 iron sheets intended for the Karamoja Community Empowerment Programme.
The prosecution alleges that the iron sheets were diverted for Kitutu’s benefit and that of third parties. Kitutu and Abaho are further accused of diverting another 5,500 iron sheets in January 2023 for purposes unrelated to the programme.
According to the prosecution, the iron sheets were under Abaho’s custody in his capacity as senior assistant secretary in the ministry responsible for Karamoja Affairs but were allegedly diverted and ended up in the hands of third parties.
Naboya is accused of receiving 100 of the iron sheets in Namisindwa district as part of those allegedly diverted by Kitutu and Abaho. Kitutu has denied the allegations.
Torture allegations
Kitutu challenged her prosecution in 2023, alleging that she had been tortured while in state custody. In November 2023, however, Justice Margaret Mutonyi Kajuga dismissed her application, finding that Kitutu had not presented substantial evidence to support the allegations and that portions of her testimony contained falsehoods.
The judge relied on statements from police officers who denied that Kitutu had been tortured or coerced. Kitutu, through lawyers led by Byamukama, appealed the decision and separately sought to have the criminal proceedings stayed pending determination of the appeal.
In her case against the Attorney General, Kitutu alleges that on April 3, 2023, she received a telephone call from Prime Minister Robinah Nabbanja, directing her to meet the Director of Criminal Investigations, Tom Magambo, to avoid what she described as the embarrassment of a forceful arrest.
She says that when she arrived at the Criminal Investigations Directorate (CID) headquarters in Kibuli, she was immediately arrested and interrogated by nine police officers who confiscated her phones.
Kitutu further alleges that the following day she was taken before the parliamentary committee on presidential affairs, where she was forced to take an oath despite allegedly being denied access to her lawyers.
She also alleges that she was held in police custody for three days without food or water and subjected to torture, including being blindfolded and driven to Kayunga district in an attempt to force her to confess to offences she had not committed.
Kitutu further alleges that state agents mounted a targeted media campaign against her and made prejudicial statements about her through the media and social media platforms.
She argues that the alleged conduct was intended to deny her a fair hearing and portray her as a criminal in the public domain. She also contends that the State failed to disclose exculpatory exhibits and documents relevant to her defence.
Kitutu is asking the Court of Appeal to dismiss the charges on account of the alleged rights violations.
Last minister facing trial
Kitutu is now the only former minister still facing prosecution in connection with the iron sheets scandal. Her former junior minister, Agnes Nandutu, was convicted and sentenced to four years in prison earlier this year over related charges, while former state minister for Economic Planning Amos Lugolobi was acquitted.
Nandutu previously blamed Kitutu for failing to guide her while she served as the junior minister in charge of Karamoja Affairs.