The Court of Appeal has rejected former Karamoja Affairs Minister Mary Goretti Kitutu Kimono’s claims that separate investigations and prosecutions by the Director of Public Prosecutions (DPP) and Inspectorate of Government (IGG) amounted to an abuse of process and violated her right to a fair hearing.
The ruling followed Kitutu’s appeal against a High Court Anti-Corruption Division decision that declined to consolidate two criminal cases arising from investigations into the management of the Karamoja supplementary budget.
Kitutu had argued that the parallel proceedings amounted to the fragmentation of what she considered a single criminal transaction. She further complained that defending two cases increased her expenses and placed an additional burden on her.
However, a panel comprising Justices Geoffrey Kiryabwire, Christopher Gashirabake and Moses Kazibwe Kawumi found no basis for the claims.
In a judgment delivered by Justice Kawumi on Friday, September 18, 2026, the court held that the Constitution gives the DPP and IGG independent mandates to investigate and prosecute criminal conduct within their respective jurisdictions.
The judges found no evidence that the IGG had reopened or duplicated investigations that had already resulted in the charges brought by the DPP.
The court also rejected Kitutu’s argument that the summonses, search measures and the burden of defending two criminal cases had infringed her right to a fair hearing.
According to the judges, Kitutu had not demonstrated any actual prejudice or shown that her ability to prepare for and defend herself in either case had been impaired.
The court further held that additional expenses incurred in defending separate prosecutions could not, on their own, amount to a constitutional violation where the cases concerned distinct criminal conduct.
The judges also considered a preliminary objection by the respondents, who argued that the appeal was incompetent because it had not been determined within three months as required under the Human Rights Enforcement Act.
Justice Kawumi rejected the objection, ruling that the three-month period was a directive to the court and that failure to comply with it did not automatically deprive the court of jurisdiction.
The Court of Appeal therefore dismissed Kitutu’s appeal and upheld the High Court decision refusing to consolidate the two cases.
The ruling means the two criminal proceedings will remain separate, with each case proceeding on its respective allegations.
