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The three-year saga pitting Robert Kayanja against fellow pastors, Moses Male, Martin Ssempa, Michael Kyazze and Robert Kayiira took a couple of twists this week.

The co-accused are, businesswoman Anita Deborah Kyomuhendo, and musician David Mukalazi. Kayanja, who accuses the pastors of tarnishing his name by alleging that he sodomised some youth in his church, drew first blood this week when the accused failed in their bid to recall prosecution witnesses. The pastors had petitioned High Court after magistrates Patrick Wekesa and Julius Borore ruled against them.

It all started in November of 2011 when, after 11 months of court proceedings, Wekesa ordered the accused to defend themselves after prosecution presented some 21 witnesses. But the defendants accused Wekesa of having been bribed to reach his decision. Borore, who succeeded Wekesa on the case, also refused to consent to the defendants’ demand to recall the prosecution witnesses in April. This forced the accused to petition High Court, claiming that Wekesa’s records were inaccurate. Their petition was, however, dismissed yesterday.

While dismissing the appeal, Justice Lameck Mukasa noted that while the law allows recalling witnesses in some instances, the accused delayed to apply for the same.

“It is my considered view that this particular application does not warrant a revision of the lower court. The application fails and I order that the file be returned to the lower court for hearing to proceed expeditiously,” Justice Mukasa ruled.

New claims

Justice Mukasa’s ruling comes a week after another development in which the two parties made counter-accusations against each other. While two of the prosecution witnesses, John Mutumba and Robinson Matovu, last week registered a case with the Special Investigations Unit, alleging that they had been attacked by unknown people in Kampala, the pastors also filed a case at the CID. Pastor Male, on July 26, 2012, complained to Kampala Metropolitan CID boss, Charles Kataratambi, alleging that two DVDs had been delivered to his office, bearing recordings of Mutumba and Matovu confessing that, contrary to what they had said in court, Kayanja did sodomise them.

We have since established that on July 28, Male also wrote to the Inspector General of Police, Lt Gen Kale Kayihura, with the President’s Office, the Chief Justice and ministers of Internal Affairs and Ethics in copy. In the letter, Male calls for an independent investigation into the discs’ contents. Police is investigating the two parallel complaints. The videos, which The Observer has watched, show Mutumba and Matovu apologising to the accused pastors for having given false evidence against them.

Speaking in Luganda, Mutumba claims that Kayanja actually sodomised him more than eight times in different places, including at Rubaga Miracle Centre and at his (Kayanja’s) residence in Bunga, a Kampala suburb. In the video, Matovu, who apologises to various people, including the accused persons, the First Lady, Kayihura and MPs Ken Lukyamuzi and David Bahati, alleges that the CID boss, Grace Akullo, knows how bribery was used to manipulate the case. Mutumba and Matovu, who are under police witness protection, are some of the prosecution witnesses the accused pastors wanted recalled.

The accused, who start their defence next week, have made a series of demands. In his letter to Kayihura, Male, who heads the National Coalition against Homosexuality & Sexual Abuses in Uganda, appeals to the IGP to appoint independent police officers to investigate the new developments. Male also demands investigations into the 2009 “kidnaps of Pastor Kayanja’s aides, Chris Muwonge and Herbert Tumukunde”.

He claims that the kidnaps were an inside job, adding that that is why the CID, now headed by Grace Akullo, who testified as a prosecution witness, never investigated them yet they could vigorously investigate the conspiracy misdemeanor and finally charge the accused.

When contacted on Wednesday, Male said he had found the same video discs in his office on July 25 and watched them before reporting the matter to police. He said he gave copies to Kayihura and Kataratambi. Pastor Kayanja’s aide refused to comment on the matter, referring us to Kayanja himself, who was reportedly out of the country.

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Comments

 
-3 #1 Paddy Ankunda 2012-08-03 08:55
It is really a shame for our religious leaders to wash their dirty linen in public. Perhaps they should have gone to the Archbishop for counseling. What now do they expect of us the followers? Style up, Pastors.
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+1 #2 Kalanzir 2012-08-03 14:01
The process of establishing Justice has not always been easy.Thereis a debate as to the right forum to settle issues of the church.

To the repentant it is the Church to the unrepetant the bible says treat such as a pagan and use approriate channels .When the kids cry for justice how come you accuse the one who tasks you to explain.Power corrupts absolutely.
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+2 #3 Vincent Kizza 2012-08-03 14:48
It is good the truth seems to be finally coming out!
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+3 #4 Twakoladda 2012-08-03 15:51
This is a big test to the judiciary, pollice and the government atlarge. Ugandans are watching to see whethet the vulnerable in society can ever get justice.

It can also be seen as a last nail in the coffin as regards this governments ability to protect it's citizens. Questions as to whether we have a functional police are also inevitable.
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+2 #5 Robinah 2012-08-03 18:00
Thanks be to God that the truth is coming out. pastors who do things contray to the bible will be reviled.

l pray that even more can come out and speak the truth.

Uganda's police still has a long way to go because we have not yet got a leader who can handle things with justice.
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0 #6 Rachel_Tendo 2012-08-03 19:23
Ugandan Pastors are known to have been offered millions of dollars under the pretext of spreading the of word of God. Stealing in the name of Jesus!

Some pastors have killed,raped and duped politicians. In Uganda, where religion runs rampant, we know a pastor of the Makerere Full Gospel Church who was arrested for the mysterious death of his 14 year old house cleaner,Rose Na
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+2 #7 Rachel_Tendo 2012-08-03 19:28
Ugandan Pastors are known to have been offered millions of dollars under the pretext of spreading the of word of God. In Uganda, where religion runs rampant, we know a pastor of the Makerere Full Gospel Church who was arrested for the mysterious death of his 14 year old house cleaner,Rose Nakazzi.

Some evil people intervened and got this Pastor off the hook despite the alarming evidence of rape and negligence against this evil pastor. This bogus pastor should have been charged with manslaughter.
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-3 #8 tom 2012-08-03 21:19
What I know is that this is a struggle for which pastor is more influential and powerful in the country...Sodomy case is a tool being used by 'opposition pastors' against Kayanja.

In fact if I were Kayanja , I would not accuse these characters. Let the complainant go to court and let the State produce the evidence against me. No need to waste time as if the Holy Bible has not stressed that such conspiracy would always occur.
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-1 #9 Fred 2012-08-04 14:31
All Pastors are being accused of Sodomy! How come nobody has been accused of Gomorrah as yet?
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+1 #10 JosefStalin 2012-08-04 16:32
I indeed have enjoyed this Drama between one powerful Conman & the Uganda Police Force one side against a spirited & united front of other 'smaller' pastors.
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+1 #11 Humless A 2012-08-04 18:15
Have just 2points to make,

1.NOT EVERYONE WHO CALLS ME LORD LORD WILL ENTER THE KINGDOM OF HEAVEN...SO SAYS THE HOLY BIBLE.

CHRITIANS TAKE HEED,BE VIGIRANT THAT YOU DO NOT BE DECEIVED BY THE MANY MUSHROOMING PASTORS WE HAVE TODAY.

2.POLICE IS ABIG PROBLEM IN THIS CASE AND AS ALWAYS JUSTICE MIGHT NOT BE ACHIEVED.
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+1 #12 Pastor Kitende 2012-08-04 23:32
I have watched the videos of the two boys. Robson Matovus and John Mutumbas videos are here. Watch and decide. Please share them as well.
http://www.youtube.com/watch?v=Ejho6ojmtTg
http://www.youtube.com/watch?v=QCOxEyAtNo8
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+1 #13 Josh Karama 2012-08-05 11:13
In such criminal cases, where you have strong suspects minus enough evidence, the solution lies in undercover investigations. CID should have known better during the initial investigations that they did not have enough evidence to pin Pastor Kayanja.

STRONG SUSPECT - ENOUGH EVIDENCE = UNDERCOVER INVESTIGATIONS.
This could have been done by deploying an "agent provocateur" someone who offers an opportunity to a awould be criminal to commit a crime with an intetion of adducing admissable evidence in court.
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