The Anti-Corruption Court has sentenced former State Minister for Karamoja Affairs, Agnes Nandutu to four years in prison for diverting 2,000 iron sheets meant for vulnerable communities in Karamoja.
In addition to the custodial sentence, the court barred Nandutu from holding public office for a period of 10 years.
The conviction follows investigations by the State House Anti-Corruption Unit in collaboration with the Criminal Investigations Directorate and the Office of the Director of Public Prosecutions which begun in 2023.
Delivering the ruling, Anti-Corruption Court Judge Jane Kajuga said the gravity of the offense could not be overlooked, noting that aggravating factors outweighed any mitigation presented by the defense.
“Aggravating factors outweigh the mitigating factors set out and those that have been raised by the accused and the defense. The only saving grace is the public apology rendered which is public knowledge,”Judge Kajuga ruled.
The judge dismissed the defense’s plea for a fine, arguing that the penalties provided for under the law were too lenient to match the seriousness of corruption offenses.
“The highest penalty of a fine is one hundred and sixty currency points which comes to a paltry three million, two hundred thousand. By all standards, that amount is inadequate,” she said.
Kajuga further used the moment to call for legal reforms, stating that existing fines under the Anti-Corruption Act are too low to serve as effective punishment or deterrence.
“In my view, they are so low that they make it difficult to hand down sentences that reflect the crimes committed. One of the principles of sentencing is that the sentence must reflect the crime,” she emphasized.
Relying on sentencing guidelines, the court adopted a starting point of three and a half years, but moved upwards due to the weight of aggravating factors.
“I can only move upward from the starting range. I am of the view that the five years prayed for by the state is on the high side. I therefore find that a sentence of four years imprisonment is suitable for the offenses,” Kajuga noted.
The court, however, declined to issue a compensation order, citing recovery of the iron sheets and lack of clear evidence of loss.
“Compensation orders are intended to provide immediate relief to victims of crime and alleviate the grievances of complainants. In light of what I have stated about the recovery of the iron sheets, I decline the application,” she ruled, adding that the recovered iron sheets should be returned to government.
Earlier in the day, Nandutu had made an emotional plea for leniency, citing ill health and family responsibilities.
“I am a first-time offender. I would request this honorable court to have lenience on me,” she said.
She told court of her deteriorating health condition, stating, “I have been in and out of hospital and even the situation of having clots in my lungs makes me collapse at any time.”
Nandutu also appealed on humanitarian grounds, saying she is the sole provider for her family.
“I am a mother of four young school-going children, a single mother, and the only able person in the family to win bread. I am also taking care of orphans left by my siblings and my ailing mother suffering from dementia,” she said.
She offered an apology to government and the people of Karamoja.
“To government, I am apologetic. Whatever happened, I am sorry. To the people of Karamoja, I am sorry. And to the entire country, I am sorry,” she told court.
Nandutu insisted she had cooperated with authorities and returned the iron sheets upon realizing their intended purpose.
“The iron sheets that I received, I willingly returned them. I told the police that I have them and even those that were missing I paid all of them in cash to the government,” she said.
She pleaded for a non-custodial sentence, arguing that imprisonment would devastate her dependents.
“I would request this honorable court to give me a non-custodial sentence to allow me take care of my family. I am their only breadwinner,” she added.
Despite the plea, the court ruled that a custodial sentence was necessary to reflect the seriousness of the offense and serve as a deterrent.
