Pastor Kayanja accusers' bid for fresh trial rejected

By Andante Okanya

A bid for a fresh trial in the Pastor Robert Kayanja reputation case has been rejected after Buganda Road Court in Kampala declined a request by the six accused to recall all the 22 prosecution witnesses.

It is alleged that in 2008 and 2009 at various places within Kampala district, the accused "conspired to cause injury to Kayanja's personality and reputation" by claiming he sodomised boys at his church. They are pastors Solomon Male of Arising for Christ Ministries, Martin Sempa of Makerere Community Church, plus Michael Kyazze and Robert Kayiira of Omega Healing Centre.

Also accused are businesswoman Dorothy Kyomuhendo, and local musician David Mukalazi. Kayanja heads the Rubaga Miracle Centre, and runs the global Robert Kayanja Ministries.

Appearing  in court on Monday presided  by grade one magistrate Julius Borore, the defence lawyers argued that the certified record of proceedings was not indicative of what transpired.The defence lawyers are Paul Rutisya, Kato Sekabanja, Isaac Walukagga, and Edward Akankwasa.

Citing Section 144 of the Magistrates Court Act, Rutisya said once a case is assigned to another magistrate, the defence team is empowered to apply to recall witnesses. The then trial magistrate Patrick Wekesa has since been transferred to Nakawa Court in line with the routine judicial movement of officers.

But prosecution led by Stephen Asaba objected, saying recalling the 22 witnesses would be a difficult task to accomplish since some of them are abroad. He added that the certified record of proceedings tallies with what transpired since January 2011.

In his ruling, the magistrate stated that according to the record which he had scrutinised, the defence was availed the opportunity to cross-examine all the witnesses.

"All the defence lawyers had the chance to cross-examine the witnesses. The record as it stands does not warrant a recall of witnesses. In the circumstances, the application is rejected," Borore said.

The magistrate agreed with the prosecutor, noting that it would be tedious to recall some of the witnesses who live and work overseas.

Accordingly, he scheduled the defence hearing for June 7.Speaking outside shortly after the ruling, the accused and their lawyers said they would deliberate on their next course of action.