The Anti-Corruption Division of the High Court has sentenced former State Minister for Karamoja Affairs Agnes Nandutu, to a four years imprisonment term and banned her from holding public office for 10 years, over diverting 2,000 iron sheets meant for vulnerable communities in Karamoja.
Justice Jane Okuo sentenced Nandutu, on Friday over dealing with suspect property contrary to section 21A (1) of the Anti-Corruption Act.
Earlier during sentencing, Nandutu had asked court for leniency and asked for pardon from the people of Karamoja, government and all Ugandans, noting that she was misled into committing the offence.
“The Iron sheets that I received, after finding out that they were intended for the people of Karamoja, Lord, I willingly returned them, I willingly told police that I had them.
Nandutu further asked court for a non-custodial sentence, citing her deteriorating health condition and the obligation to look after her ailing mother, children and other family members.
“I’m a first-time offender, on such grounds, I would request this honourable court to have lenience on me. As you are aware, you know the history of my health, I have been in and out of hospital for a while, in court and up to date, my health is not okay, I’m still in and out of hospital” she said.
Nandutu told court that she has blood clots in her lungs which lead her to collapse at any time.
“I’m a single mother of seven school-going children, I’m the only able person in the family to win bread for both my family, my local family, the children, orphans that I’ve been lifting from my siblings and my ailing mother who is about 80 years suffering from pressure” she said.
However, the prosecution maintained its stance, asking court to impose a sentence of not less than five years, arguing that iron sheets remained in Nandutu’s possession for nine months, indicating that the offence was premeditated.
Prosecution has further dismissed the defence’s argument that returning the iron sheets should warrant leniency, contending that it was only after police intervention that the legislator handed them back.
On Wednesday, Hon. Lady Justice Jane Okuo, convicted Nandutu after court found that she knowingly received and retained government property diverted from a public program.
Case Against Nandutu
Court found that between June and July 2022, Nandutu dealt with government property consisting of 2,000 pre-painted iron sheets of gauge 28 marked “Office of the Prime Minister”.
She received and retained the said iron sheets at the Office of the Prime Minister stores in Namanve and later at her residence in Mukono District, in circumstances where she had reason to believe that the property had been irregularly obtained as a result of loss of public property.
During the hearing, prosecution led by Chief State Attorney Mr. David Bisamunyu and Senior State Attorney Ms. Innocent Aleto, alleged and court found that at the time, the Ministry for Karamoja Affairs where she was the state minister was implementing a government programme funded under a supplementary budget of approximately UGX 39.94 billion for the 2021/2022 financial year.
The programme was intended to support disarmament and community empowerment in the Karamoja Sub-region by distributing relief items, including iron sheets, to vulnerable groups.
In execution of this programme, the OPM procured a total of 95,044 pre-painted iron sheets which were delivered to and stored at the OPM stores in Namanve for official distribution.
In June 2022, a requisition for 10,000 iron sheets was made to facilitate the presidential launch of the distribution exercise in Moroto District on June 13th 2022 which Hon Nandutu attended.
Although the requisition was approved, only 1,000 iron sheets were issued, leaving a balance of 9,000 iron sheets in the stores.
Prosecution evidence during trial showed that shortly thereafter, the Minister for Karamoja Affairs informed Hon. Nandutu that 2,000 iron sheets had been allocated to her from the remaining stock, purportedly for landslide victims, which Hon. Nandutu accepted and facilitated the collection of the iron sheets.
On 23 June 2022, she provided funds for transportation and instructed her political assistant to collect the 2,000 iron sheets from the OPM stores.
The iron sheets were first transported to a private residence in Wakiso District, where Hon. Nandutu personally verified their quantity and were thereafter subsequently transferred, on her instructions, to her residence in Seeta, Mukono District, where they were received and stored under her authority.
During investigations in March 2023, Hon. Nandutu recorded a statement with the police confirming these events and led investigators to her farm, during which a search was conducted by the Evidence Response Team leading to a recovery of 1,617 iron sheets from the premises.
Nandutu however failed to account for the remaining 383 iron sheets.
On the basis of this evidence, the court found that Hon. Nandutu knowingly received and retained government property that was not lawfully allocated to her and which she had reason to believe had been irregularly diverted from a public programme intended for vulnerable beneficiaries.
What they did to Hon Nandutu is unfair ..why should there be selective justice when it comes to the small fish. Hon Nandutu was the sacrifical lamb. Very unfortunate.