Nandutu jailed four years, barred from public office for 10 years

Kampala, Uganda | URN | The Anti-Corruption Court has sentenced Agnes Nandutu, the former Minister of State for Karamoja Affairs and the outgoing Bududa Woman Member of Parliament, to four years in prison.

The ruling delivered by Justice Jane Okuo Kajuga, marks a significant moment in the government’s crackdown on the diversion of relief materials intended for the vulnerable Karamoja sub-region.

In addition to the custodial sentence, Justice Kajuga barred Nandutu from holding any public office for the next 10 years, effectively halting her political career.

In her legal reasoning, Justice Kajuga emphasized that Nandutu held positions of “impeccable trust” both in the Executive and the Legislature. The court found that the convict’s actions were a direct betrayal of her duty to manage public resources for the benefit of the poor.

The case centered on 2,000 iron sheets, part of a larger consignment intended to support the reformed Karachuna, and the elderly in Karamoja. Justice Kajuga noted with concern that out of the 10,000 iron sheets under the specific program, only 1,000 reached the intended beneficiaries.

“These are offices held in trust for the good of the people and the country,” the Justice remarked. “The project was aimed at supporting disarmament and restoring peace. The convict was the recipient of 2,000 out of the 9,000 sheets under the scheme.”

The court applied the Constitution (Sentencing Guidelines) Practice of 2013, weighing aggravating factors against mitigating ones.

Among the aggravating factors, the court found the convict used her position for personal gain and that the offense targeted essential goods meant for a vulnerable community in a precarious environment.

The court also held that as a minister, Nandutu had a duty of the highest order to oversee the effective implementation of public policy.

Justice Kajuga noted that the aggravating factors overweigh the defense put by Nandutu’s lawyers who pleaded for leniency, citing that she is a first-time offender with no previous criminal record, and that she is a single mother of seven children and the sole breadwinner for her ailing 80-year-old mother.

The convict had also rendered a public apology to the President, the people of Karamoja, and the country and voluntarily returned the iron sheets and paid for missing ones.

While Justice Kajuga acknowledged Nandutu’s health history and family responsibilities, she noted that the defense failed to provide updated medical evidence proving she was currently unfit for prison.

One of the most striking parts of the ruling was Justice Kajuga’s refusal to grant the option of a fine. Under Section 21(1) of the Anti-Corruption Act, the maximum fine is 160 currency points, which totals only UGX 3.2 million.

Justice Kajuga described this amount as “paltry” and “inadequate” for a crime of this magnitude.

“The sentencing must be true to the crime committed. A fine of 3.2 million is so low that it makes it difficult to hand down to convicts. It may be useful for the legislature to reconsider the ranges of fines prescribed in the law,” the Judge stated.