Anti-Corruption Court orders Mulago to examine Agnes Nandutu

NANDUTU: My medical condition is not as usual sickness as malaria or anything else but it keeps attacking, and that when the advice of her medical doctors is not adhered to, it can even kill

Kampala, Uganda | THE INDEPENDENT | The Anti-Corruption Court in Kampala has ordered Mulago National Referral Hospital to conduct an independent medical examination of former Minister for Karamoja Affairs, Agnes Nandutu, and furnish a report within two weeks from today.

Lady Justice Jane Okuo Kajuga issued the order on Monday afternoon after Nandutu declined to begin defending herself, citing illness. She instead pleaded with the judge to meet her in private and show her the extent of her sickness, saying she could not disclose it in an open court “with men watching.”

This development came two hours after the judge had stood over the matter to give Nandutu, who had come from home and was not ready to begin her defense, time to prepare for a 1:00 PM session. When court resumed some minutes past 1:00 PM, Nandutu’s lawyers, led by Nandah Wamukota, informed the court that they had interacted with their client and she was not stable.

Nandah explained to the judge that, according to medical advice, Nandutu was supposed to be resting at that time. “Your Lordship, if it pleases you, the accused would want to speak to you and you listen from her other than hearing from her lawyers alone,” said Nandah. When Nandutu was given the opportunity to speak, she told the judge:

“My medical condition is not as usual sickness as malaria or anything else but it keeps attacking, and that when the advice of her medical doctors is not adhered to, it can even kill.” She then pleaded with the judge: “I want to show you the extent of my sickness my Lord. I want to show you in private as a fellow woman, I know you will understand. I can’t tell the condition in public because matters of sickness are private and I can’t show you when men are here. But my health is not okay.”

In response, Justice Kajuga ruled that an independent examination be carried out at Mulago, stating that she could not meet Nandutu in private or assess her medical state independently. According to the judge, a previous report from Nakasero Hospital indicated that Nandutu was in good health, although unable to withstand stressful conditions. She said a fresh evaluation was necessary to determine her ability to stand trial and speak in court.

“I have a feeling that when a court makes a ruling, the defense gets a way of bypassing it to delay the trial. I regret to say that the conduct of the defense can do better,” said Kajuga, visibly frustrated by the defense team, which also includes Caleb Alaka and Evans Ochieng. Kajuga noted that both the accused and her lawyers had made allegations without presenting supporting documents. She emphasized that the defense must now prepare witnesses and be ready to commence the defense at the next hearing without excuses.

“Unfortunately when I stamp hard, it affects the accused person,” she added. Justice Kajuga then ordered both the defense and the prosecution, led by State Attorney David Bisamunyu, to work together to ensure that the independent medical report is produced. Bisamunyu told the court that the prosecution had previously written to Nandutu’s private doctors but needed a court order to compel Mulago to conduct the examination. The judge directed that both parties extract the order and ensure it is served to the hospital.

The case was adjourned to May 5, 2025. Nandutu is expected to defend herself following a 2024 court ruling that found she had a case to answer regarding charges of dealing in suspect property. The prosecution alleges that she privately dealt with 2,000 pre-painted iron sheets, a form of government property, between June and July 2022. According to the records before court, the prosecution presented evidence that Nandutu received the iron sheets—a claim corroborated by their first witness. They also allege that she led police to her home, where the iron sheets were recovered. During the trial, several witnesses, including officials from the Office of the Prime Minister, testified.

However, few could confirm the origin of the iron sheets. The court found the testimony of Joshua Abaho, personal assistant to then-Minister Mary Gorreti Kitutu, to be the most reliable due to his involvement in the distribution of the sheets. Abaho testified that he was instructed to give iron sheets to Nandutu, although he was not present at the meeting where the decision was made.

Justice Kajuga noted that this testimony contradicted the defense’s claim that Nandutu had no knowledge of the origin of the sheets. Other witnesses, such as Godfrey Sseremba, Undersecretary in the Office of the Prime Minister, could not provide clear information on the sheets’ origin. However, the judge found the prosecution’s argument convincing: that Nandutu attended the launch of the iron sheets distribution project, knew there had been no requisition, and there was no justification for emergency distribution—meaning she was not entitled to receive them.

The defense argued that the state had failed to prove its case, citing inconsistent and unreliable evidence and maintaining that no offense had been committed. However, the court ruled that even if the iron sheets had not been recovered from Nandutu’s home, the available evidence was enough to sustain a criminal charge. Detective Superintendent of Police Winfred Nakatudde, one of the prosecution witnesses, earlier testified that 1,617 iron sheets were recovered from Nandutu’s farm in Mukono, although 383 were missing.

“But 383 iron sheets were missing but when we asked the farm manager, he said he did not know where the balance was because he did not count them,” Nakatudde told court. The case is part of a wider iron sheets scandal that has implicated three ministers. These include State Minister for Economic Planning Amos Lugoloobi, whose case returns to court in May 2025, and former Minister Mary Gorreti Kitutu, whose trial was halted pending an appeal over allegations of torture while in state custody.

The Inspectorate of Government accuses Kitutu of failing to implement peacebuilding activities in Karamoja between February and June 2022, leading to a financial loss of Shs1.5 billion to the government. Nandutu now becomes the second minister found with a case to answer in relation to the scandal. In 2024, Minister Amos Lugoloobi was also committed to defend himself over similar charges.

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