news 1 October 2026 Daily Monitor (Uganda)
Prosecution Objects to New Witness in Pastor Kayanja Defamation Trial
The prosecution has strongly opposed the defence's attempt to introduce a new witness and additional evidence in the Pastor Kayanja defamation case, citing trial by ambush and potential prejudice. Source: https://www.monitor.co.ug/uganda/news/national/prosecution-opposes-new-witness-in-pastor-kayanja-defamation-case-5616540
In the ongoing defamation case involving Pastor Robert Kayanja, the prosecution has raised a stern objection to the defence’s late bid to present a new witness and supplementary evidence. Chief State Attorney Jonathan Muwaganya argued before Mwanga II Grade One Magistrate’s Court that such a move would constitute a “trial by ambush” and unfairly prejudice the State’s right to a fair hearing.
The defence, through its lawyer Bernard Mugenyi, sought to introduce fresh transcriptions and translations of audio and video recordings prepared by the Uganda Broadcasting Corporation (UBC), along with a witness to explain these documents. Mugenyi explained that an initial attempt to use a witness from Makerere University’s School of Languages faced logistical challenges regarding the chain of custody for the transcription process.
According to the defence, the UBC transcriptions were necessitated because the original audio and video evidence, already part of the court record via a forensic report, required clarification. The defence stated they formally engaged UBC and, after payment, received the documents on September 30, 2026. They claim the prosecution declined to accept these documents, prompting their application to the court.
However, Muwaganya countered that the defence lawyer was essentially providing evidence from the bar by detailing the processes and justifications for the delay. He emphasized that such factual matters must be presented through sworn testimony, not submissions. The prosecution also pointed out that they had previously received other transcriptions from Makerere University and questioned why the defence was now abandoning that source.
Muwaganya further argued that the defence had been granted ample time to prepare its case and that introducing a new witness at this stage would hinder the prosecution’s ability to prepare for cross-examination and rebut the evidence.
The case involves nine youths accused of fabricating evidence to falsely implicate Pastor Kayanja in sexual misconduct, with additional charges of trespass and giving false information to the police. The magistrate has scheduled October 7 to deliver a ruling on whether the new witness will be allowed.