The Director of Public Prosecution (DPP) has written to the Attorney General seeking guidance on how to proceed with the Kidney Transplant case of Judith Nakintu whose right kidney was removed while working as a domestic worker in Jeddah, Saudi Arabia.
Agnes Igoye, the deputy coordinator of national trafficking in person department at the Ministry of Internal Affairs, explained that the DPP wrote to the Attorney General because it is a requirement in Section 19 (a) in the prevention of trafficking in person Act especially when a case was committed outside Uganda.
“There has been a lot in the media about issues of trafficking. I know the issues of Nakintu are still ongoing. Section 19 (a) of the prevention of in persons Act requires that the Attorney General put it in writing so that ODPP can go ahead,” Igoye explained.
When an offense is committed outside Uganda’s jurisdiction, the DPP can only proceed with investigations and prosecution only if the Attorney General writes consenting it. “No proceedings shall be instituted under this section without the written consent of the Attorney General. If the consent of the Attorney General is received under (a)proceedings may be instituted in any appropriate court and such court shall have jurisdiction to try the matter as if the offense or offenses had been committed within its jurisdiction.”
Nakintu was returned in October last year after spending more than a year without contact with her relatives in Uganda. But the labor export company the Nile Treasure Gate that took her to Saudi Arabia in December 2019 had earlier informed her relatives that she had been involved in a road accident.
Two medical examinations conducted by the family of Nakintu at Mulago hospital and another comprehensive examination by police in a private health facility have all confirmed that Nakintu right kidney was removed.
Igoye accused Nile Treasure Gate of conspiring with Nakintu’s employer to remove her kidney.
Nakintu in her statement at the Criminal Investigations Directorate (CID) said her employer, Saad Dhafer Mohamed Al-Asmari, took her to King Fahad hospital for a Covid19 checkup but she woke up in the Intensive Care Unit (ICU) with paralyzed arms and legs.
Igoye, on Monday last week said investigations by security agencies and immigration team showed that Nile Treasure Gate had conspired with medical doctors in Saudi Arabia to falsify medical reports showing she was involved in a road accident and her organs were intact.
But five days ago, Nile Treasure Gate, through the company lawyer, Atanansi Nsubuga, presented documents showing that Nakintu was on March 20 involved in an accident alongside her boss and family members. The alleged traffic report showed that Dhafer lost her two children in the accident.
“The car overturned at New Coast Road, a few metres from Al-Qattan Bridge towards Al-Laith.
A traffic accident occurred in which a vehicle of Tahoe model overturned, plate number (5569), driver Saadi Dhafer, Saudi national, I.D number 1036733028 holds a driver’s license and insurance” Nsubuga’s document allegedly translated by Makerere University college of education and external studies read in part.
Nsubuga went ahead to show that they had sued Dhafer and successfully won a case against him. The documents indicated that Nakintu has been awarded 270 Million Shillings. Nsubuga added that even after learning that Nakintu’s kidney was missing, they wrote to King Fahad hospital where she allegedly spent over a year on accident treatment.
But Igoye advised Nile Treasure Gate to collect its defense which will be necessary for courts of law other than showing them in the media.
“I don’t follow Nile Treasure Gate neither do I follow Makerere University. Anyone can produce documents. Can we wait and they produce evidence in court? That is a rumor. Did the car enter her body and removed the organ? I am not a medical doctor and I need evidence in court,” Igoye said.
Nakintu’s case like others is being closely followed by Interpol, the immigration, CID team in charge of trafficking in persons’ department.
Nakintu was a market vendor in Mubende Municipality and she left Uganda in December 2019.