Kitutu challenged the trial in 2023, shortly after she was charged for diverting over 10,000 iron sheets from the intended Karamoja Community Empowerment Program on grounds that she was tortured while in state custody and that her trial should instead be halted on that basis.
"In the result, I find that the trial Judge erred in dismissing the petition for lack of jurisdiction, without recourse to the EACJ preliminary reference mechanism for a preliminary ruling on such issues raised in the petition as called for Treaty interpretation,” said Mugenyi.
According to the prosecution, between June 2022 and January 2023, at the office of the Prime Minister's Stores in Namanve, Mukono District, Kitutu is accused of causing the loss of public property in the form of 9,000 prepainted iron sheets.
The Electoral Commission in January 2021 declared Omara of the ruling National Resistance Movement as the winner of Abim District LC5 Local Government elections with 14, 417 votes against his only challenger Johnny De West Ariko's 4,809 votes.
The notice communicating the withdraw of the appeal against Wanyoto and businessman Mugisha Patrick alias Allan Kantu was tendered on Thursday before a panel of three Court of Appeal Justices comprised of Lady Justice , Elizabeth Musoke , Catherine Bamugemereire and Steven Musota