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Court quashes IGG charges against Kutesa, Nasasira, Rukutana

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The Constitutional Court has this morning halted the trial of ministers – Sam Kutesa, John Nasasira and Mwesigwa Rukutana, who were in December 2011 taken to the Anti-Corruption Court by the Inspectorate of Government, in connection with Commonwealth Heads of Government Meeting 2007.

Mr Kutesa (Foreign Affairs), Mr Nasasira (Government Chief Whip) and Mr Rukutana (Labour) petitioned the Constitutional Court, to question the mandate of the IGG Raphael Baku to prosecute them.

They had also questioned the mandate of Magistrate’s court in cancelling bail ‘merely because one is committed to the High Court for trial.’

However, a panel of Justices led by the deputy Chief Justice Alice Mpagi Behigeine ruled that Mr Bakku is executing work outside his mandate.

Other justices are Stella Arach Amoko, Steven Kavuma, Augustin Nshimye and Remmy Kasule.
Court has this morning stopped the trial against the ministers but declared unconstitutional the practice by the magistrate court to cancel suspects’ bail, on committal to High Court for Trial.

Mr Kutesa, Mr Nasasira and Mr Rukutana, all senior members of the ruling National Resistance Movement, were in December last year charged with abuse of office and causing financial loss of Shs14 billion tender for fixing Speke Resort Munyonyo, ahead of Chogm. They however deny the charges.

Prosecution led by the Head of Legal Affairs at the Inspectorate of Government, Mr Sydney Asubo alleges that on December 17, 2005 at Speke Resort Munyonyo, the three irregularly convened a consultative cabinet subcommittee meeting and decided that government would fully fund the construction of drive ways, parking areas, and, marina at Munyonyo which decisions they did not have mandate to make.

The IGG alleges that the ministers purporting to act on behalf of the Chogm Sub Committee irregularly committed government to fund the construction cost of drive ways parking areas and marina at Speke Resort Munyonyo, construction works that cost Shs14,008,138,092 well knowing or having reason to believe that such commitment would cause and did cause financial loss.

They have since maintained that the court which granted them bail will establish their innocence and have their names cleared.


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