Court issues ‘final’ warning to suspects in pastor Kayanja sodomy case

The Mwanga II Magistrate’s court has issued a final warning to six of the nine youths accused of defaming city pastor Robert Kayanja with sodomy allegations, ordering them to prepare their defence without further delay.

The suspects are Regan Ssentongo, Peter Serugo. Khalifa Labeeb, Israel Waiswa, Alex Wakamala, Martins Kagolo and Moses Tumwine, who is on the run. They are jointly charged with Jamil Mwandha and Aggrey Kanene, who defended themselves yesterday.

On Tuesday, the group was expected to proceed with their defence in a case involving allegations of giving false information to police and trespassing at Rubaga Miracle Centre Cathedral, where they claim to have been sodomized.

However, the hearing once again stalled before grade one magistrate Adams Byarugaba after one of the defence lawyers wrote to the court requesting an adjournment, citing ill health.

As a result, there was an exchange between the prosecution and defence teams. Chief state attorney Jonathan Muwaganya accused defence lawyers Humphrey Tumwesigye, Robert Ojambo, and Bernard Mugenyi of rotating representation and intentionally missing court in a bid to stall the case.

“With due respect, we are opposed to the adjournment, which in our opinion is not being sought in good faith and on justifiable grounds,” said Muwaganya.

He added that, throughout the trial, Tumwesigye represented three suspects as a sole counsel while Ojambo and Mugenyi acted only for two others, not until April 25 that they went on record as joint counsel.

“The prosecution’s understanding is that since we have two law firms and three counsel representing the accused, the absence of one wouldn’t jeopardise the progress of the case,” Muwaganya told the court.

The trial, which began in July 2023, has been marked by multiple delays and adjournments, with some of the accused still on remand. This prompted magistrate Byarugaba to issue a strong caution, directing the suspects to secure lawyers who can commit fully to the proceedings or risk representing themselves at the next hearing on July 18, 2025.

“I see frustrations coming from the state, and the reason is that since 20th December 2024, the defence has been delaying this case. We have spent two years in court since 26th July 2023, and if this court is to continue handling this case, it should be taken seriously; otherwise, it will take radical measures,” the magistrate said.

He added that “let this be the very last adjournment on the ground of sickness of either counsel or absence of any of the accused persons and other grounds.”

The nine suspects have since refused to testify under oath, implying that the prosecution, headed by chief state attorney Muwaganya, can’t cross-examine them on allegations of fabricating false evidence of unnatural offences against Kayanja.

The prosecution alleges that the accused and others still at large conspired around September 17, 2021, to falsely accuse Kayanja of committing unnatural offences. They also face charges of conspiracy to defeat justice, criminal trespass, and providing false information to police.

It is alleged that Serugo, Ssentongo, Khalifa, Wakamala, and Kagoro, then serving as police officers, gave false information to detective Cotilda Nandutu, alleging that Kayanja had sexually abused them.

Prosecutors claim they did so knowing it would mislead police and waste investigative resources. Medical reports indicate that there was no sign that the accused had been sodomized.