Pastor Kayanja wants tough penalties for sodomy accusers
Rubaga Miracle Centre Cathedral's Pastor Robert Kayanja in the dock at Mwanga II Court in Mengo on October 18, 2024. PHOTO | ABUBAKER LUBOWA
What you need to know:
- Pastor Robert Kayanja, the founder of Rubaga Miracle Centre Cathedral, yesterday concluded his testimony by calling upon the court to issue tougher punishment for a group of his nine former workers, who accused him of sodomising them. He says community service that court sentenced his accusers in the past was not sufficient. Juliet Kigongo was in court and now brings you the highlights.
It is 10:45am and presiding Principal Magistrate Adams Byarugaba enters court.
Chief State Attorney Jonathan Muwaganya: Your worship, I appear for the State. All the accused persons are present in court. PW13 (Pastor Robert Kanyanja) is in the witness stand for further cross-examination by counsel for A7 to 9. We came ready to proceed.
Robert Ojambo (defence lawyer): The last time you informed the court you made three statements, I would like you to confirm.
Pastor Kayanja: Yes.
Ojambo: Can you kindly tell the court the dates.
Pastor Kayanja: The first one was January 28, 2022. Another one January 17, while another one on September 23.
Ojambo: Will I be right, you signed on them?
Pastor Kayanja: Yes.
Ojambo: My Lord, I pray that these statements be tendered in court as defence exhibits.
Muwaganya: We have no objection.
Ojambo: Let me take you to Rubaga. You told the court that A1-6 forced their way to the premises shouting obscenity. Did you witness them?
Pastor Kayanja: I did not witness but I was given a report. I was in the office.
Ojambo: In fact you did not witness the beating.
Pastor Kayanja: I saw it on video.
Ojambo: You talked about fighting but none of the previous witnesses talked about the fighting and beating. Who told you about sodomy and obscenity?
Pastor Kayanja: I heard them shout sodomy and obscenity. It was on September 16, 2021 at 10 while I was in my office when I got information that a group of young boys forced themselves into the church.
I heard them shout that I want to see Herbert and they also said they wanted to see me. I remained in the office and told them to push them out.
Ojambo: Did you know Mawanda and Aggrey?
Pastor Kayanja: I answered at the press conference.
Ojambo: Did you know them after or before? Do you have any evidence of the press conference?
Pastor Kayanja: Yes we will avail it.
Ojambo: Had you physically met them?
Pastor Kayanja: I have seen them on video and not physically in the same room.
Ojambo: Do you have any evidence of the conspiracy?
Pastor Kayanja: No
Ojambo: What is your basis of conspiracy charges?
Pastor Kayanja: Am here as a witness. Ask that from the State.
Ojambo: Pastor, I'm okay with that answer.
Pastor Kayanja: Can there be a conspiracy after the fact?
Muwaganya: I thought that was a legal question.
Ojambo: I will drop it. Do you have any evidence of conspiracy after [January] 17.
Pastor Kayanja: I have already answered that question. Am not the one preferring charges.
Ojambo: You mentioned that they had filed several charges of sodomy against you and other pastors. Is it true?
Pastor Kayanja: Yes, your worship.
Ojambo: You mentioned that the accused persons filed many cases against you in 2010. Do you have any evidence?
Pastor Kayanja: Yes. On October 18, 2021, the PRO of CID Atwine at Naguru headquarters made a public address carried by all media houses and mentioned Aggrey Kanene, Isreal Wasswa and their place of work, Christian Life Church [Reads the press briefing].
Ojambo: Do you have proof? Your evidence was about 2010.
Pastor Kayanja: I said their handlers in 2010. We can read the court record of what I stated.
Ojambo: The audience is interrupting. We are here for justice. We are officers of the court.
Magistrate: Can we have some silence here. It could be the first time for you to come. We have rules here.
Ojambo: Do you have proof of Afande Twine talking about the 2010 case?
Pastor Kayanja: I was asked about an appeal of the 2010 case and I stated that their handlers were. Your client has handlers [who were feeding some of the accused persons with information about the 2010 case].
Ojambo: Pastor Kayanja, you are answering your own questions and not mine. My question is that did Atwine give you the particulars of the people at the press conference?
Pastor Kayanja: No, he did not.
Ojambo: Did you find out the truth? Where is the proof?
Pastor Kayanja: I have mentioned an officer of the court and he is willing to come here and give evidence.
Ojambo: I can see the people here gave false information. You claim Atwine told you they gave false information. Do you have any evidence?
Pastor Kayanja: No, I do not.
Ojambo: Have you brought any evidence to court of the alleged handlers?
Pastor Kayanja: Today, no.
Ojambo: Let's go to the particulars of these charges before court. Can you confirm to court that you didn't go to police to record the statements?
Pastor Kayanja: The first one I didn’t but the second I did. Is it a crime to record a statement from anywhere?
Ojambo: You seem to be given preferential treatment. People say you recorded the statements at church.
Pastor Kayanja: Am here in my own capacity and I have told you the truth. In addition to my statements earlier made to police against the suspects, on the advice of the DPP about my uncircumcised penis and scar.
Ojambo: When did you become privy to the information by the police? You were cooperating with the police yet you should be suspect. A complaint has been lodged against you and instead of the police treating you as a suspect, its letting you know about the advice of the DPP.
Pastor Kayanja: This is an additional statement. Cases that are being investigated, files come back for further investigations.
Ojambo: Who gave you that information?
Pastor Kayanja: The investigating officer.
Ojambo: Pastor, I want to take you back to page 24 of the statement. Can you read aloud?
Pastor Kayanja: I also want to be in a good life like you ....so I need the money which you used to promise me when you were fucking me. Do you remember at the farm, you fucked me and you only paid presido.
Ojambo: Did you refute these claims in this report?
Pastor Kayanja: I sent him a message that Reagan, God will judge.
Ojambo: Will you be surprised that the I.O said there is a case against you and this evidence is on record?
Pastor Kayanja: Yes, I would be surprised.
Ojambo: Did you send any other accused person a message apart from Reagan?
Pastor Kayanja: Yes, we communicated with some other people with various responsibilities on the farm.
Ojambo: Did any of them send you obscene messages?
Pastor Kayanja: I do not know. They could have or not.
Ojambo: The I. O has concluded there is a case and investigations have not been carried out. The police came to court and obtained a court order that you surrender your phone? Did you surrender your phone?
Pastor Kayanja: I do not remember the court order; it's been three years and at that moment they were asking for some phones.
Ojambo: So they didn't show you the court order?
Pastor Kayanja: Yes.
Ojambo: If someone came here and said you refused to surrender your phone, they would be lying?
Pastor Kayanja: Don't put words in my mouth. I did not see the court order.
Ojambo: The I.O is on record saying they carried out investigations and closed the file before surrendering your phone. Now how can you say they gave false information about you when the file was closed prematurely?
Pastor Kayanja: I do not prefer charges. Am witness number 13. People of expertise have come to this court and are not the police or DPP. My name is Robert Kayanja and I am a pastor. It leaves me to wonder whether you are representing your client.
Ojambo: Am representing A7, 8 and 9 and are ably represented. Do not confuse issues. I am putting it to you that you did not surrender your phone to see what information is in it.
Benard Mugenyi (defence lawyer): Good morning Pastor Kayanja. You say you met the accused as they had come to church as members of kifesi. Do you have evidence that they were kifesi members?
Pastor Kayanja: Yes, I have it today. They can play it now.
Mugenyi: Your honour, they can leave it because it was not disclosed to us. You talked of medical entitlements. Which medical facility were they getting it from?
Pastor Kayanja: They were getting it from Kiryandongo clinic and the in-charge was Lukyamuzi.
Mugenyi: Do you have any proof of payments of medical bills?
Pastor Kayanja: Yes, I have it and I will provide it later.
Mugenyi: You said Atwine said Wasswa was bringing bogus cases against pastors. Did Atwine tell you if they charged him?
Pastor Kayanja: That question is for Atwine .
Mugenyi: Do you have any evidence that Wasswa has ever been charged?
Pastor Kayanja: Wasswa is a convicted fellow.
Mugenyi: You as Kayanja, do you have any proof of these bogus charges?
Pastor Kayanja: No, but what police say we take it as gospel truth.
Mugenyi: In your evidence, you talked about the incidents in Kiryandongo of the boys stealing and aggravated robbery. Did you witness any of these crimes?
Pastor Kayanja: No.
Mugenyi: So how did you come to know about these cases?
Pastor Kayanja: I’m the head of the farm and the RDC and police informed me when they arrested them. Another incident is when Reagan Ssentongo called to inform me that one of them had got a gun and wanted to kill a neighbour.
Mugenyi: Have you come up with any evidence to that effect?
Pastor Kayanja: Those clients of his are serving sentences of five and seven years. We can bring the evidence.
Mugenyi: You testified that the events of September 14 you were shocked and surprised and annoyed that they were raising these issues that they have never raised before. Are you sure it was the first time they were raising these issues?
Pastor Kayanja: I could hear them in rumours like a BBC journalist breaking a story but they had never raised it to me before.
Mugenyi: You talked about Wasswa that he was the one facilitating others. Correct?
Pastor Kayanja: Yes
Mugenyi: And the reason for that is that he was the first person to show up when they were arrested. And you said they were welcomed to church even after you got to know that they were Kifesi and the reason is that you wanted to help them. What is wrong with Wasswa wanting to help them?
Pastor Kayanja: You are seeking my opinion?
Mugenyi: Yes.
Pastor Kayanja: He could have so many people to help at Christian Life Church. Why does he come miles away to our church?
Mugenyi: Is there anything criminal about helping?
Pastor Kayanja: No. But Wasswa is a convicted fellow for assaulting someone at Christian Life Church.
Mugenyi: You stood surety for Serugo at Kiryadongo police. Were you conniving with him?
Pastor Kayanja: No.
Mugenyi: On the day the boys came to church, who welcomed them?
Pastor Kayanja: There was no welcome. They forcefully came in. I was told by the person in charge that day was Aggrey.
Mugenyi: Was he the only one they found?
Pastor Kayanja: Security is not manned by one person.
Mugenyi: When they came up as a group of ten, tell us more names besides A1 to A6.
Pastor Kayanja: I did not see them but I heard their voices.
Mugenyi: Do you have the photos of the boys allegedly at Christian Life Church?
Pastor Kayanja: Their clients took the photos and shared them with their friends.
Mugenyi: You talked about Pastor Ssenyonga attacking you on the radio and at the funeral of Pastor Mulinde's son. Did you report any cases?
Pastor Kayanja: Yes. I can give you the file number. Investigations are still ongoing.
Re-examination.
Muwaganya: My learned brother asked you about the person you claimed to be a minor. Is it Reagan that you subjected to police training? Was Reagan a minor?
Pastor Kayanja: When they went for training at Kabalye, everyone's fingerprint was taken. I have a fingerprint record of Reagan Ssentongo aged 19 by 2018 and his father’s name is Mutabaazi and he went for training in November 2017.
Humphrey Tumwesigye (defence lawyer): I object to this, we don't have any disclosures regarding fingerprints.
Muwaganya: Pastor, it's the manner of answering. I think just answer what I ask you. Was Reagan a minor?
Pastor Kayanja: No.
Muwaganya: You were asked what proof you have that these people came from the streets. Do you have any evidence to that effect?
Tumwesigye: State is seeking to re-open its case and tender in evidence which they didn’t tender in during the examination in chief.
Pastor Kayanja: I have a video of them coming to church and confessing they are from the streets and need rehabilitation.
Muwaganya: I pray that this video clip is played in court, specifically Mr Ojambo asked for evidence which can be demonstrated in court. It's a short video of one to two minutes.
Tumwesigye: Your honour, I find it disturbing that the learned State Attorney would want to take the court in that line. On September 21, 2023, we received a list of disclosuresabout . No video was ever disclosed to us. Disclosure of evidence is mandatory before trial.Re-examination We have closed our cross-examination and we have no chance to ask Kayanja the authenticity of this video.
Muwaganya: These are matters of re-examination. Whereas my learned brother says new evidence can't be introduced in re-examination, he falls short of citing the law. Re-examination is intended to clarify matters that arose during cross-examination. The extent of re-examination is not restricted by law. This matter has arisen in cross-examination. The witness has been asked for evidence to show that A1 -A6 came from the streets and his evidence is in the video. Why should the other party be worried about evidence? We are seeking to clarify this matter and it's not a new matter. Even in the worst-case scenario if you find that the playing of the video is a new matter, we shall seek leave to have the video played and they shall have a chance to cross-examine.
Magistrate: I have heard the submissions. The State is not praying to tender in a video as evidence but to play the video to show where the suspects came from. This came out in cross-examination and the State seeks clarification through the PW 13 Pastor Kayanja Robert. As a court of justice I can't fail to hear or see what the witness is telling the court. If it's evidence to clarify what the witness asked for in cross-examination. I grant the State leave to play the video and if the defence feels it wants to cross-examine, they can have a chance.
[Video is played]
Muwaganya: Can you identify the people in the video, pastor?
Pastor Kayanja: Reagan Sentongo in a checkered shirt, the one in a suit is Peter Serugo.
Tumwesigye: I have an objection. The person charged is Peter Serugo and the person speaking is Peter Serunjoji.
Magistrate: We come to court but life still continues. I see emotions are high but the trial will pass but we should remain as one people. This is one case that has attracted a full house. If I could enlarge walls we could go far. I have seen the video and we should now proceed legally.
Muwaganya: Pastor, you have been asked several questions regarding the forensic report.
Pastor Kayanja: [Reads messages sent by Reagan Ssentongo on August 22] Mum is going for an operation. Please help me with some money on my salary. September 22... Reagan Ssentongo, try to understand me, my mum is sick, I need some money on my salary. Please please Mzee help me.
Muwaganya: Go to page 34 of the report.
Pastor Kayanja: The messages of May 5, 2021. Reagan Ssentongo. Morning papa , Guys are coming back to church but for me, I went back to the village and wouldn't be able to be around, I do not want to get involved in any gang. So please, I want to start up something in the village. You promise to pay us today but people are busy confusing us.
Muwaganya: Then you finally reply on page 20. Messages under June 3, 2021.
Pastor Kayanja: Will arrange today afternoon naye (but)the Reagan, God will judge.
Muwaganya: Pastor, you learn to answer directly. The lawyer has insinuated that the reply was for the other messages that had come before. Is that the position?
Pastor Kayanja: No.
Muwaganya: You have been asked why Reagan sent these messages and you were not replying to them. Why?
Pastor Kayanja: If you look at the cyber message, we could respond and he was a good worker. When they abandoned the farm and animals died, I began to only receive his messages because he had stopped working and he was asking for his salary. Am a busy person. I respond to calls than messages and his friends had asked him to pick up their money and speak for them. And also I know where they came from, where God had brought them from. They had recovered, transformed, they had discipline and had jobs. He sent mixed messages, he said Dad is dead, dogs have bitten me, I’m in Masaka, poison is entering my brain
Muwaganya: You have been asked if you know Wasswa, Kanene. What makes you think they conspired to frame you?
Pastor Kayanja: The evidence is overwhelming. The day they were arrested they were there and have been following them. To my knowledge the evidence that has come out of their communication and the information that was being spoken, Wasswa and Aggrey work for Pastor Ssenyonga who has deliberately for the past four years spoken to me in my presence, at funerals and on television.
Muwaganya: In the messages you say Reagan was threatening you that he has videos and photographs of you. Have you ever seen any?
Pastor Kayanja: No. He has never. I’m here he can bring them. He promised to put them out on social media.
Muwaganya: That is all. One more aspect that came out which is related to what we have been having. Counsel asked you if you have evidence of the dead animals at the farm. Do you have pictures of the dead animals at the farm?
Pastor Kayanja: Yes. I have them.
IT: Personnel displays carcasses of dead animals.
Muwaganya: Pastor, if you could just speak to the pictures.
Pastor Kayanja: I asked Reagan, how could you have let this happen? And he said the animals were sick and this could have happened when we left.
Mugenyi: We pray that we are given leave to cross-examine the photos. What shows that those photos were taken from your farm?
Pastor Kayanja: Based on the pictures, you can't tell where were taken from there but when Reagan was shown the photos, he knew and responded.
Mugenyi: You said it’s Mr Mukiibi who sent you the photos at the farm.
Pastor Kayanja: Yes.
Muwaganya: The pastor has said all that other witnesses could have said, we pray to close our case and we ask that each of the accused is put on their defence accordingly.
Tumwesigye: That is the prayer for the State and we pray that no case has been made out and we intend to file our submissions and say there is no need to waste the court's time and one week is enough.
Mugenyi: The prayer by the State is jumping the rules of procedure. A7-9. We shall file a full record of submissions and we pray that we be availed a record of proceedings so that we can ably file. It will take us three weeks.
Muwaganya: It is a right for the defence to make their submissions and when they do we shall reply. However, this process should not be used to occasion undue delay in the matter. First, all of us counsels have been attending, observed and taken notice and the record is not strange to us. In any case by the time you form your mind that there is no evidence you must have knowledge. Applying for the record takes a substantial amount of time. Counsel cannot say it's his right as if he has been absent. We also feel the three weeks asked for is a very long period.
Magistrate: Given the magnitude of this case, I don't want to handle it casually. If the parties want to file written submissions, I just want to ask the witness, since cases against your personality, what is the basis? Some from your colleagues and these accused? Why you?
Pastor Kayanja: Thank you, your worship. That is a million-dollar question but I will try to answer it to the best of my knowledge and ability. In 2010 there was a similar case brought about by Pastor Male and others. Investigations were made even from the President's office. The accusations were found to be false.
In 2013, a similar accusation came to court in Mwanga 11 court between Ibrahim Nsubuga and Muwanguzi. When they were found guilty, they went to Mulago and attempted to bribe a doctor to falsify sodomy results. He reported them and the Anti-corruption Court found them guilty and served a sentence at Luzira prison. Here we are in 2024.
Your worship, it’s the threat that makes a fabric. In 2013, the one behind Nsubuga and Muwanguzi was Solomon Male and we have evidence that one of the suspects in this case was Wakamara.
Magistrate: So what do these fellow pastors want from me?
Pastor Kayanja: When the first people were found guilty, they were given a slap on the lap. Community service was a lighter punishment and yet if I had been found guilty, it would be different. In all these cases, justice has not been served because the punishments have not been deterring.
Magistrate: What is their purpose?
Pastor Kayanja: Your worship, I don't know what they have asked me but am sure all these cases have been investigated and brought to court and I pray this time the punishment doesn't only stop on these ones but also to deter others who are still at large. Enough is enough.
