By KT Reporter
The High Court in Kampala has upheld the magistrate court’s decision to prohibit live media coverage in the ongoing criminal case in which nine youth are accused of giving police false information involving Pastor Robert Kayanja.
In his decision, Justice David Matovu dismissed an application filed by two of the accused, Alex Wakamala and Jamilu Mwandh, who had contested a ban imposed by Mwanga II Senior Principal Grade One Magistrate Adams Byarugaba on April 5, 2024.
The order barred media houses from making live audio or video recordings during the trial.
However, the same Magistrate allowed media to cover the proceedings but with minimum interruptions after realising that some people were relaying information on social media platforms like TikTok to scandalise the trial.
The case involves nine individuals accused of defaming Pastor Kayanja, leader of Rubaga Miracle Centre Cathedral, whom they had reportedly sodomized.
While the media adhered to the restrictions throughout the testimony of 13 prosecution witnesses, the two applicants challenged the ban once the suspects were required to begin their defence. They argued that the order limited transparency and risked misrepresenting them to the public.
However, State Attorney Jonathan Muwaganya defended the restrictions, citing concerns over the distortion of proceedings on social media platforms. He argued that lifting the ban could compromise the integrity of the trial.
“The applicants’ intentions lean toward trivialising and misrepresenting the court process,” Muwaganya told the court.
In his ruling, Justice Matovu agreed with the Prosecution and found that the magistrate’s order was legally and procedurally sound.
“Permitting unregulated coverage could undermine the testimony of witnesses who appeared under the media ban,” the judge said.
He also criticised the applicants for delaying their petition by nearly ten months and pointed out that their legal counsel had not thoroughly reviewed the trial records before applying.
“If the lawyer had carefully examined the proceedings, he would have guided the applicants more accurately,” Justice Matovu added.
The Judge has further clarified that while live broadcasts remain prohibited, accredited journalists can still attend the hearings and produce written reports.
He ruled that the restrictions were necessary for orderly trial management, and thereby dismissed the application and allowed the defence hearing to continue under the same conditions.
The defence phase of the trial is set to resume this Friday. So far, two of the nine accused persons have defended themselves, as Tumwine remains on the run.
The other suspects are:
The nine suspects have since refused to testify under oath, implying that the Prosecution, headed by Chief State Attorney Jonathan Muwaganya, can’t cross-examine them on allegations of fabricating false evidence of unnatural offences against Pastor Kayanja.
The prosecution alleges that the accused and others still at large conspired around September 17, 2021, to falsely accuse Pastor 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 officer,s gave false information to Detective IP 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 sodomised-URN. Give us feedback on this story through our email: kamwokyatimes@gmail.com
