The Anti Corruption Division of the High Court in Kampala on Friday sentenced former State Minister for Karamoja, Agnes Nandutu to four years imprisonment after being found guilty of diverting iron sheets meant for the vulnerable in Karamoja.
Justice Jane Okuo also barred Nandutu from ever occupying any public office for a period of 10 years.
The judge said at the time of committing the crime, Nandutu was the Woman Member of Parliament for Bududa District and the Minister of State for the Karamoja Affairs Ministry and that both positions are among the highest in our country, both in the executive and legislative arms of government.
She said this calls for impeccable integrity, the highest levels of accountability, and respect for the law and established procedures.
“They are positions of influence, calling for good stewardship of public resources and effective implementation of Government programs. These are offices held in trust for the good of the ordinary citizen,” the judge said.
According to court, the iron sheets that Nandutu diverted had been procured by the Office of the Prime Minister to support vulnerable groups in Karamoja, including youth, reformed warriors (karachunas), and the elderly, among others.
She said while the program aimed at supporting disarmament, empowering communities, and restoring peace in the area, and it had been approved by cabinet and parliament, each beneficiary was expected to receive 26 iron sheets.
According to the judge, it is appalling that to date, only 1,000 iron sheets have reached the region, and only 25 beneficiaries have received the allotments.
“Whereas she has expressed remorse, the gravity of her actions cannot be downplayed.”
The judge said while Nandutu is the breadwinner for her family and ailing mother, and that she is a first offender, she didn’t provide evidence of her current medical condition and ought to have presented proof that her condition cannot be managed in prison if it still persists.
“I am unable to rely on illness in this sentencing proceeding. It would be speculative.”
While Nandutu had asked court to consider the return of iron sheets and repayment of 26.7 million to the Office of the Prime Minister she made after police investigations into the iron sheet scandal began, the judge argued that this was a directive from the Prime Minister.
“She(Nandutu) does not, therefore, benefit from lenience on that ground. I find that the convict breached the public trust and that the offence had significant impact on the community.”
Justice Okuo said while Nandutu made an apology after conviction, she was only saving her face before the public, President Museveni and the people of Karamoja.
“I find that imposing a fine alone, the highest of which is a paltry shs3.2 million would be inadequate. I am firmly of the view that custodial sentence is necessary for punishing, reforming and deterring further crime. It is also important to send the message that corruption does not pay and that dealing with the proceeds of corruption is punishable. It is imperative that the legislature reconsiders the range of fines prescribed in the law for corruption offences.”
The judge said that fines are very low and make it difficult to hand down such sentences.
The jail term
The judge explained that sentencing guidelines recommend a starting point of three and a half years for the offence of abuse of office, noting she would use the same as a guide for the offence of dealing with suspect property that Nandutu was convicted of.
“Since the aggravating factors outweigh the mitigating 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, considering that the iron sheets have been recovered, the missing iron sheets have been paid for, the convict is remorseful, and there was no premeditation I find, instead, a sentence of four years suitable in the circumstances.”
The judge also ordered that Nandutu is barred from holding any public office for ten years from the date of conviction.
