The Independent Uganda: You get the Truth we Pay the Price
KAMPALA, UGANDA | THE INDEPENDENT | Prosecutors have accused nine suspects of delaying justice in the case in which they are implicated in the charges of falsely accusing Miracle Center Cathedral Pastor Robert Kayanja of sodomy.
This was raised by the Chief State Attorney Jonathan Muwaganya on Wednesday before the Mwanga II Magistrates Court presided over by Senior Principal Grade One Magistrate Adams Byarugaba when the suspects failed to start defending themselves, having been found with a case to answer more than two months ago. The matter came up for further hearing on Wednesday.
The accused are: Peter Serugo, Reagan Ssentongo, Moses Tumwine, Khalifa Labeeb, Alex Wakamala, Martins Kagolo, Israel Wasswa, Jamil Mwanda, and Aggrey Kinene.
However, the defence lawyers led by Humphrey Tumwesigye told the Court that the first suspect Ssentongo was supposed to be given his phone which was confiscated by police and handed over to the court as an exhibit to pick out some information to rely on to defend himself.
Tumwesigye said as of today, his phone has not been given to him and that the matter cannot be for a defence hearing, not until Ssentongo has been given his phone which he believes has evidence to set him free.
But the Magistrate asked if Ssentongo was going to defend all of the accused persons or himself.
In reply, the Defense said that since they are jointly charged, the evidence will be used by all the suspects. Tumwesigye asked the Court to adjourn the matter and court guide how Ssentongo should access his phone.
Another Defense lawyer Robert Ojambo told the court that he had a medical emergency and therefore unable to proceed. He also informed the Court that his clients were going to give evidence but not on oath while defending themselves.
However, the prosecution led by Jonathan Muwaganya objected saying the accused persons were put on defence about 66 days ago. They asked for one month to prepare for their defense which was given by the Court, up to January 24th 2025 when the matter was mentioned.
Muwaganya said when they attended Court in the previous session, Ssentongo asked to access his phone and was advised to approach the court in the morning so that the phone can be charged, he retrieves whatever information that he wants under the watch and inspection of Court.
Muwaganya noted the status of that phone is an exhibit and can only be interrupted with the under-court inspection to protect the integrity of the exhibit and to avoid tampering with the same.
Muwaganya said all evidence related to that phone as far as Prosecution is concerned, was retrieved and presented in a report which was admitted on the court record and has the accused persons.
The Prosecutor said it has not been made clear as to what other piece of evidence is on the phone to warrant inspection. He said the lawyer needed to clarify.
Muwaganya said they can reschedule their defense for Thursday and they start with other accused persons. He said the order doesn’t matter how they defend themselves.
However in response, the Defense said, the accused person came on July 5th 2023, and the State called their last witness on August 27th 2024, after one year and one month.
After listening to the submissions, Byarugaba allowed the accused to access his phone in his presence, and that of his lawyers and the Prosecutors to remove what he wanted and to print it out.
Consequently, the matter was adjourned to March 28th 2025 for further hearing.
Three of the suspects are still on remand. In his testimony in October 2024, Pastor Robert Kayanja told Byarugaba that the nine individuals accused him falsely of sodomy. He alleged a conspiracy to frame him, linking one of the accused, Israel Wasswa, to Pastor Ssenyonga, a longtime rival.
Pastor Kayanja expressed frustration over the repeated false accusations against him, citing previous cases in 2010 and 2013 where he was falsely accused of sodomy. He noted that in the 2010 case, five pastors – Solomon Male, Michael Kyazze, Martin Sempa, Mukalazi, and Deborah Kyomuhendo – were found guilty of falsely accusing him but were only sentenced to 100 hours of community service by the Buganda Road Chief Magistrates Court.
Pastor Kayanja also referenced the 2013 case where two individuals, Moses Muhanguzi and Ibrahim Nsubuga, falsely accused him of sodomy. He stated that they were handed non-deterrent sentences for attempting to bribe a doctor to conclude that they had been sodomized.
The pastor requested a deterrent sentence for his accusers, believing that stronger punishment would deter future blackmail against other would-be accusers.
The Prosecution alleges that the accused persons and others still at large on or about September 17th 2021 in Kampala District conspired together to falsely accuse Pastor Kayanja of unnatural offences.
They are further accused of conspiracy to defeat Justice, committing a felony, criminal trespass and giving false information to police.
It is alleged that Serugo, Ssentongo, Khalifa, Wakamala and Kagoro while employed in Public Service as Police officers gave false information to police detective IP Cotilda Nandutu saying that Pastor Kayanja had performed unnatural offenses with them.
The Prosecutors say they did this intentionally knowing that they would cause the said Nandutu and police to devote time and services to investigate information they knew was false.
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