By Juliet Kigongo
The Anti-Corruption Division of the High Court has temporarily stopped the hearing of the corruption charges against Karamoja Affairs minister Mary Goretti Kitutu.
On November 28, 2023, Justice Jane Kajuga dismissed Dr Kitutu’s application in which she wanted her trial halted on grounds that she was tortured by police during arrest and interrogation. Yesterday, the judge held that it is not in contention that Dr Kitutu had filed an application in the Court of Appeal as a notice was attached to the affidavit in support of the application together with a memorandum and the grounds of appeal.
“I am unable to conclude that the appeal is vexatious (causing or tending to cause annoyance, frustration, or worry), lacks a legal basis or merit and is filed in bad faith, even though the application before me failed. I am only required to be satisfied that the points are arguable,”Justice Kajuga said.
The judge also reasoned that it is in the spirit of the Human Rights (Enforcement) Act, 2019 that any allegaions of violation of fundamental rights and freedoms that arise during criminal proceedings, especially non-derogable (whether the right may be infringed in certain circumstances) rights specified in Article 44 of the Constitution, that the question must first be settled before the trial resumes. Details in today’s copy of the Daily Monitor. Read here