The chief magistrate’s court at Nateete Rubaga has rejected an attempt by the nine youths accused in the Pastor Robert Kayanja defilement case to introduce a Uganda Broadcasting CORPORATION (UBC) language transcriber as their final witness, ruling that the move would unfairly take the prosecution by surprise.


Principal Magistrate Adams Byarugaba said the defense had already disclose translations and transcriptions of audio and video recordings prepared by MAKERERE University and had indicated that it would call a witness from the institution to explain and tender the documents in court.
He said allowing different witness from UBC, together with new translations and transcriptions, at such an advanced stage of the trial could prejudice the prosecution, which had prepared its case based on the evidence previously disclosed by the defense.

“The defence never sought leave of court to call this witness from UBC.
No reason was given to court why they abandoned the disclosed information given to the state. They are saying the content is the same; why then run to UBC? Could it be to get a favorable person or establish a relationship with experts who are supposed to be professional and speak to the work done?” Mr. Byarugaba held.

He added:
“When they encountered difficulty with Makerere University, they should have brought it to the attention of court and sought leave to look for an alternative, as they did when it came to the issue of a forensic expert to analyze an electronic gadget/phone.”

The court held that fair disclosure and pre-trial discovery are essential to truth-seeking, preventing fabricated or surprise evidence, and ensuring a fair hearing.
The magistrate noted that the defence had disclosed its evidence, including the makerere University transcription and translation witness, obtained summons for the witness and indicated that he would be its final witness following the re-examination of the tenth defence on October 1st 2026.

“This court finds that though there is no statutory law barring an accused to present any witness at any stage of the trial, case law has guided that ambush and surprise attacks, and the need to fill gaps not disclosed to the other party, require fairness to both sides through openness and fair disclosure beforehand,” the magistrate held.
He added that the examination and cross- examination of witness must be viewed holistically because evidence from one witness can affect the manner in which another witness is questioned.

Makerere witness allowed

The magistrate, however, allowed the defence to proceed with a witness from Makerere University’s School of languages to tender the translations and transcriptions that had already been disclosed to the State, thereby rejecting the request to introduce a new UBC witness.

He observed that both Makerere University and UBC are government institution, and that the issues of a personal connection with an expert could not justify introducing evidence that had previously been disclosed.
The ruling followed an application by the defence, after the testimony of its tenth witness, seeking permission to call a UBC language transcriber instead of the Makerere University expert it had earlier disclosed.

Defence lawyer Benard Mugenyi told court that the defence had opted for the UBC expert after encountering difficulties in. establishing the chain through which it had become involved in the translation and transcription of the recordings.
He said the audios and videos recordings were already part of the court record after being presented through a forensic expert, but that the defence had not originally requested their translations and transcription.