{"id":8792,"date":"2023-04-20T09:13:23","date_gmt":"2023-04-20T09:13:23","guid":{"rendered":"https:\/\/ugandaupdatenews.com\/?p=8792"},"modified":"2023-04-20T09:13:28","modified_gmt":"2023-04-20T09:13:28","slug":"legal-experts-explain-why-state-minister-for-karamoja-agnes-nandutu-was-committed-to-high-court-unlike-other-suspects-before-her","status":"publish","type":"post","link":"https:\/\/prowebinhost.com\/anzu\/legal-experts-explain-why-state-minister-for-karamoja-agnes-nandutu-was-committed-to-high-court-unlike-other-suspects-before-her\/","title":{"rendered":"Legal experts explain why State Minister for Karamoja Agnes Nandutu was committed to High Court unlike other suspects before her"},"content":{"rendered":"\n

By Our Court Reporters<\/strong><\/p>\n\n\n\n

The general public has been buzzing with speculation following the committal of State Minister for Karamoja Affairs, Ms Agnes Nandutu to the High Court for trial.<\/p>\n\n\n\n

Many had expected the  Anti-Corruption  Magistrate Court in Kololo, to hear Nandutu\u2019s bail application yesterday just like her colleagues before her , Minister Kitutu and Lugolobi .<\/p>\n\n\n\n

But to the surprise of many Nandutu was instead committed to the High Court for trial on the recommendation of the  Director of Public Prosecution (DPP).<\/p>\n\n\n\n

This after Nandutu was  charged with dealing with suspect property contrary to section 21A (1) of the Anti-Corruption Act,2009 (As Amended).<\/p>\n\n\n\n

ugandaupdatenews.com<\/em><\/strong> has since established that under section 169 of the Magistrate Court Act , (MCA) the Director of Public Prosecutions has the powers and mandate to determine the offences to be committed to the High Court for trial.<\/p>\n\n\n\n

Subject to section 168 of the MCA for avoidance of doubt , provides that \u201cit shall be within the discretion of the Director of Public Prosecutions   to determine which offences are to be proceeded with under  section 168 for trial before the High court or to be tried by a magistrate\u2019s court; and trial by the High Court of an offence committed to that court under section 168 shall not be refused merely on the ground that a magistrate\u2019s court has jurisdiction to try  the offence.\u201d<\/p>\n\n\n\n

Legal experts have explained that once the prosecution in Nandutu\u2019s case told court that investigations were complete and she should be committed to the High Court for trial, the magistrates \u201chands were tied.\u201d<\/p>\n\n\n\n

\u201cThe magistrate according committed Nandutu to the High Court and the legal doctrine of functus officio came into play,\u201d a criminal law legal expert explained .<\/p>\n\n\n\n

Latin maxim and or legal principle of functus officio simply means that once a judicial official makes a decision then he has no more powers to re-examine such a decision .<\/p>\n\n\n\n

But why did the DPP make the decision to commit Nandutu to the High Court  <\/strong><\/p>\n\n\n\n

Well placed sources have told the publication that after perusing Nandutu \u2018s file , the DPP came to the conclusion that her case based on the findings and facts on the ground was very serious in nature.<\/p>\n\n\n\n

According to the investigators , the aggravating factors in Nandutu\u2019s case if that she took 2,000 iron sheets yes, 2,000 mabaati to her farm. Of those 1,400 were recovered but 600 are yet to be accounted for.<\/p>\n\n\n\n

\u201cThese items were meant for the vulnerable people in Karamoja and they ended up at a minister \u2018s farm. And this is the Minister who was in charge of the Karamoja docket. That\u2019s why the DPP considered this to be a serious criminal to be tried by the  High Court ,\u201d a well placed source explained.<\/p>\n\n\n\n

But other legal experts have still questioned the DPP\u2019s wisdom and noted that this provision of the law can be abused for political purposes .<\/p>\n\n\n\n

\u201c When you have accused persons charged over the same case with similar offences and facts, its not legally prudent to charge some in a lower court and others in a High Court . This causes suspicion as you can clearly see in the case of Nandutu . I\u2019m sure the Uganda Law society will take up this matter for further scrutiny and discussion ,\u201d a senior criminal lawyer who preferred not to be named stated.<\/p>\n\n\n\n

Editor:msserwanga@gmail.com<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

By Our Court Reporters The general public has been buzzing with speculation following the committal of State Minister for Karamoja<\/p>\n","protected":false},"author":1,"featured_media":8793,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[65],"tags":[],"class_list":["post-8792","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-national-news"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/04\/latest12pix-data.jpg","jetpack-related-posts":[{"id":8748,"url":"https:\/\/prowebinhost.com\/anzu\/state-minister-nandutu-goes-into-hiding-as-her-colleague-lugolobi-is-arrested-for-stolen-mabaati\/","url_meta":{"origin":8792,"position":0},"title":"Karamoja State Minister Nandutu goes into hiding as her colleague Lugolobi is arrested for stolen mabaati","author":"UgandaUpdate","date":"April 15, 2023","format":false,"excerpt":"State Minister for Karamoja Agnes Nandutu as a former journalist knows the rule book -that never be arrested on a Friday . Police sources now say that they are looking for the elusive Nandutu formerly of Daily Monitor and NTV to be arraigned in court on charges of diverting government\u2026","rel":"","context":"In "National News"","block_context":{"text":"National News","link":"https:\/\/prowebinhost.com\/anzu\/category\/national-news\/"},"img":{"alt_text":"","src":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/04\/Agnes-Nandutu.jpeg","width":350,"height":200,"srcset":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/04\/Agnes-Nandutu.jpeg 1x, https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/04\/Agnes-Nandutu.jpeg 1.5x, https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/04\/Agnes-Nandutu.jpeg 2x"},"classes":[]},{"id":8777,"url":"https:\/\/prowebinhost.com\/anzu\/state-minister-for-karamoja-nandutu-sleeps-in-kira-police-cells-to-be-produced-in-court-and-charged-in-mabaati-national-scandal\/","url_meta":{"origin":8792,"position":1},"title":"State Minister for Karamoja Nandutu sleeps in Kira Police cells , to be produced in court and charged in Mabaati national scandal","author":"UgandaUpdate","date":"April 18, 2023","format":false,"excerpt":"Police is holding State Minister for Karamoja Agnes Nandutu who will spend a night at Kira police station and is expected to be produced in court and charged for diverting iron sheets meant for the vulnerable communities in Karamoja region and abuse of office. Nandutu who went in hiding to\u2026","rel":"","context":"In "National News"","block_context":{"text":"National News","link":"https:\/\/prowebinhost.com\/anzu\/category\/national-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":15944,"url":"https:\/\/prowebinhost.com\/anzu\/dpp-drops-charges-against-minister-lugoloobi-in-karamoja-iron-sheets-fiasco\/","url_meta":{"origin":8792,"position":2},"title":"DPP Drops Charges Against Minister Lugoloobi In Karamoja Iron Sheets Fiasco","author":"UgandaUpdate","date":"November 12, 2025","format":false,"excerpt":"The Anti-Corruption Court has dropped all charges against State Minister, Amos Lugoloobi, after the DPP entered a nolle prosequi, ending his two-year trial over the Karamoja iron sheets fiasco. Justice Jane Kajuga declared him a free man and ordered the refund of his bail money and securities.\u00a0 Lugoloobi was accused\u2026","rel":"","context":"In "National News"","block_context":{"text":"National News","link":"https:\/\/prowebinhost.com\/anzu\/category\/national-news\/"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":8664,"url":"https:\/\/prowebinhost.com\/anzu\/embattled-karamoja-minister-kitutu-snubs-parliament-arrested\/","url_meta":{"origin":8792,"position":3},"title":"Embattled Karamoja Minister Kitutu snubs parliament , arrested","author":"UgandaUpdate","date":"April 5, 2023","format":false,"excerpt":"Her Deputy Agnes Nandutu returns diverted items By Our Parliamentary Reporters Embattled Karamoja Affairs Minister, Mary Goretti Kitutu has been arrested and taken into custody by the joint team of the Criminal Investigations Directorate (CID) and State House Anti-Corruption Unit (SHACU) who are investigating diversion of relief items including goats\u2026","rel":"","context":"In "Accountability"","block_context":{"text":"Accountability","link":"https:\/\/prowebinhost.com\/anzu\/category\/accountability\/"},"img":{"alt_text":"","src":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/02\/dr-mary-goretti-kitutu-biography.jpg","width":350,"height":200,"srcset":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/02\/dr-mary-goretti-kitutu-biography.jpg 1x, https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/02\/dr-mary-goretti-kitutu-biography.jpg 1.5x"},"classes":[]},{"id":9301,"url":"https:\/\/prowebinhost.com\/anzu\/karamoja-iron-sheets-theft-odpp-clears-17-top-govt-officials-ministers\/","url_meta":{"origin":8792,"position":4},"title":"Karamoja Iron sheets theft: ODPP clears 17 top govt officials, ministers","author":"UgandaUpdate","date":"June 25, 2023","format":false,"excerpt":"By Our Reporters In an unexpected twist of events , the Office of Director Of Public Prosecutions has now come out to state that after investigations there is no sufficient evidence to prove a criminal case against 17 government top officials including ministers that were implicated in the Karamoja mbaati\u2026","rel":"","context":"In "Crime"","block_context":{"text":"Crime","link":"https:\/\/prowebinhost.com\/anzu\/category\/crime\/"},"img":{"alt_text":"","src":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/06\/R.jpeg","width":350,"height":200,"srcset":"https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/06\/R.jpeg 1x, https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/06\/R.jpeg 1.5x, https:\/\/prowebinhost.com\/anzu\/wp-content\/uploads\/2023\/06\/R.jpeg 2x"},"classes":[]},{"id":8706,"url":"https:\/\/prowebinhost.com\/anzu\/president-museveni-directs-all-ministers-who-took-karamoja-mabaati-to-return-them-says-he-will-take-political-action-against-those-involved\/","url_meta":{"origin":8792,"position":5},"title":"President Museveni directs all Ministers who took Karamoja mabaati to return them , says he will take political action against those involved","author":"UgandaUpdate","date":"April 11, 2023","format":false,"excerpt":"By Our\u00a0 Reporters \u00a0 President Yoweri Museveni has written to the Prime Minister Robinah Nabbanja and directed that cabinet ministers who took mabaati meant for the vulnerable people of\u00a0 Karamoja should return them immediately . 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