Kayanja Sodomy Case Takes Twist, Kayihura Gets Fresh Video Evidence
In recorded video testimonies, John Mutumba and Robson Matovu, two of the young men who had in 2011 come to Buganda Road and testified that Pastors Moses Solomon Male, Martin Sempa and other pastors conspired to tarnish Kayanja’s image by linking him to homosexuality practices, deny these statements.
Chimpreports.com investigations desk has accessed a confidential letter authored by Pastor Male and addressed to IGP Kale Kayihura, calling for an investigation into the video testimonies which appear to pin Kayanja in sodomy acts.
“In the videos, each one says that he gave false evidence against us in court and apologizes to us and the people deceived. Both say that I and my co-accused are innocent in the Pr Robert Kayanja sodomy saga,” Male tells Kayihura in a letter dated July 28.
“Further surprise is that in his video, John Mutumba makes grave accusations that Pr Robert Kayanja actually sodomized him more than eight times in different places including his (Pr Kayanja’s) residence near Pr Garry Skinner’s residence; in his offices at Rubaga Miracle Centre, at during a crusade in Fort Portal, and that Pr Kayanja had promised him a financially prosperous life to defend him,” the letter adds.
Deputy Police Publicist Emilian Kayima said police was yet to receive the letter but would crosscheck.
Kayanja was also not readily available to give his side of the story.
However, contacted, Male confirmed that indeed he had written to Kayihura and other relevant bodies to investigate the fresh testimonies against Kayanja.
“Yes, I have sent the copies of video testimonies to Kayihura, President’s office among other important offices to investigate these serious accusations,” Male told us via telephone.
Male, Ssempa, Robert Kaira, Deborah Anita Kyomuhendo and David Mukalazi are accused under criminal case number 1063 of 2010 of conspiring to cause injury to the personality of Kayanja by alleging that he was engaged in homosexual practices.
The fresh twist in the evidence will put Kayanja on the defensive again over sodomy acts in a case that attracted international media attention.
Below is the verbatim letter.
NATIONAL COALITION AGAINST HOMOSEXUALITY & SEXUAL ABUSES IN UGANDA
P. Box 11902, Kampala, Uganda
28th July 2012
The Inspector General of Police,
Uganda Police Headquarters, Kampala
Attn: Major General Kale Kayihura
Ref: Request to investigate new information in the Pr Robert Kayanja sodomy conspiracy claims
Warm greetings to you and thanks to God for your relentless efforts in fighting crime, unfairness and injustices to make Uganda a better country to live in.
I also thank you for your firm stand that has finally led to justice delivered in the 12 year old Joseph Kasirye ritual murder trial that ended yesterday with the conviction and life sentencing of Godfrey Kato Kajubi.
I refer to my previous complaints to you dated June 23rd and October 1st 2010, our meeting with you on May 22 2009, and with the Deputy Inspector General of Police, Mr Okoth Ochola on January 3rd 2011 to deal with the impropriety of some CID officers in handling sodomy cases and the tramped up charges against us for which we are in court ref Buganda Road Court criminal case 1063 of 2010 (Uganda V Pr Moses Solomon Male, Pr Dr Martin Sempa, Pr Michael David Kyazze, Pr Robert Kaira, Deborah Kyomuhendo and David Mukalazi) and Mwanga II Court criminal case NO 949 OF 2009 (Uganda V Pr Robert Kaira and Pr Michael David Kyazze, and in resultant High court proceedings since 2009.
Though when we complained against Police CID improprieties we expected your expedient and thorough action to address our complaints, none has ever been addressed.
Therefore, we have continued to patiently, calmly and courageously endure.
Under such circumstances, witnesses, including Police CID officers have falsely testified in Mwanga II and Buganda Road courts in effort to reduce our cause against homosexuality and sexual abuses in Uganda into a personal vendetta and rivalry against our accuser, Pr Robert Kayanja of Rubaga Miracle Centre Cathedral.
Sir, I now write to bring to your attention two video testimonies which were delivered at my office and which I strongly feel call for your indulgence.
On 25th July 2012, I arrived at my office suite 309 Span House very early in the morning, probably around 7am before proceeding to the High Court for hearing of Criminal Revision No 10 of 2012 arising from Buganda Road Criminal case No 1063 of 2010.
When I unlocked and opened the door, I saw a small package on the floor addressed to me.
It had been pushed in through under the door by whoever delivered it after close of office on 24th July 2012 and before opening on 25th July 2012.
Because of need to be early in court, I just picked it, put it in my bag and later went to court.
After court, I went to my office and there I opened it. It contained two CDs. When I viewed them, to my surprise were two video testimonies of John Mutumba and Robson Matovu, two of the young men who had in 2011 come to Buganda Road and testified in Criminal case No 1063 of 2010 that I, Pr Moses Solomon Male, Pr Dr Martin Sempa, Pr David Michael Kyazze, Pr Robert Kaira, Deborah Anita Kyomuhendo and David Mukalazi had ‘… conspired with each other to cause injury to the personality, reputation and trade of pastor Robert Kayanja by alleging that the said pastor Robert Kayanja was engaged in homosexual practices whereas not,’ as per plaint.
On the videos, each one says that he gave false evidence against us in court and apologizes to us and the people deceived. Both say that I and my co-accused are innocent in the Pr Robert Kayanja sodomy saga.
Further surprise is that in his video, John Mutumba makes grave accusations that Pr Robert Kayanja actually sodomized him more than eight times in different places including his (Pr Kayanja’s) residence near Pr Garry Skinner’s residence; in his offices at Rubaga Miracle Centre, at during a crusade in Fort Portal, and that Pr Kayanja had promised him a financially prosperous life to defend him.
Surprising me too is Robson Matovu’s testimony in which he apologizes for falsely accusing us of wrongdoing in the Pr Robert Kayanja sodomy saga, apologizes to Mrs Kagina for not standing by the truth; apologizes to the First Lady, to you Major General Kayihura for lying you; to Hon Ken Lukyamuzi (the man) and Hon David Bahati; says that Grace Akullo knows the bribery that Kayanja used; apologizes to Pr Kyazze, Pr Sempa, me (Pr Male), Deborah Kyomuhendo, David Mukalazi and those standing with us in the cause.
He further says he lied in court to cover up Pr Kayanja for huge but unspecified sums of money that Pr Kayanja had promised him, but never honored yet he says Kayanja had paid Ivan and Brian Ntwatwa, (also witnesses in the Buganda Road case) to cover him up.
He also accuses Pr Kayanja’s ‘lawyer’ Lubogo for the plot and money flows and alleges, some of the people involved in covering up Pr Kayanja’s sodomy got money, cars and houses.
He confirms he is still in Police Witness Protection which you personally verbally authorized during our meeting in your boardroom on 22 May 2009 but that he would leave soon for an unspecified location and that the person who delivers the video would return to deliver his (Matovu’s) phone number on which to contact him. He also apologizes to the media (journalists) and promises to have the same video delivered to them all.
The timing of these videos is also of surprise to me. They have come at a time when we have already sought court for state witnesses recalls and the State has been resisting their recall. We now await High court ruling on our application for Criminal Revision No 10 of 2012 slated for August 2nd 2012
After failing to get you through your Personal Assistant for a meeting on Thursday, 26 July 2012, I contacted the Kampala Metropolitan CID Commander who gave me audience, received the video copies, viewed them in my presence and promised to deliver copies to you for action. In case you haven’t yet received them, I have enclosed copies for you to view.
I also recorded a brief statement KMP/CID/GEF 144/2012 stating how the videos came into my possession and my request for an investigation of its contents.
With these developments, I kindly request of you the following:
1. Promptly establish the whereabouts of all the young men who came out to accuse Pr Kayanja of sodomy, then retracted, came to court and gave evidence against us that we conspired to injure his reputation and trade, and ensure that they are all safe.
Towards the end of Robson Matovu’s testimony on video, he confirms he is still under Police Witness protection and that he is about to leave the house which Police gave them for an undisclosed location, but would use the same channel that delivered the video to give his phone contact, which contact I haven’t got.
He also cites another witness, Mukisa’s ill-health and how Kayanja had not bothered to cater for his medication and that the last time he sent them money it was about Shs 100,000 for both, which he considers to be so little.
As a person greatly involved in the fight against cults and with memory of how the Kanungu cult used to kill those proving to be a threat to its leadership before March 17 2000, this may not be good news and calls for your swift action to locate them all and ensure that they are safe for they hold the key to a great exposition of the truth that really was.
2. Ensure that a thorough investigation into what the young men say in the videos is done so that the whole truth may finally be known.
I don’t request this because of the case against me and my co-accused since we are ready to proceed with it: I do so because I feel in my deepest conscience that not only justice and fairness must prevail, but that even the whole truth must finally come to light of who is in the wrong and redress be availed.
You may well remember our contention that your officers AIGP Edward Ochom (then CID Director) and his Deputy CID Director Moses Sakira; and AIGP Grace Akullo (now CID Director, then SIU boss) and theirsubordinates at CID Headquarters and SIU respectively never bothered to investigate but deliberately mishandled the sodomy accusations, killed the cases and started to obsessively persecute me and my co-accused (the Good Samaritans). They should have investigated the sodomy accusations and how we got involved as Good Samaritans.
These videos cast lots of doubt on not only the integrity, but expertise and willingness of the Police CID top brass headed by AIGP Edward Ochom, Deputy CID Director then, Moses Sakira and AIGP Grace Akullo to fight crime.
These claimed to have ‘investigated’ both cases and concluded that we had conspired. And all those who came to court as state witnesses in both cases; Buganda Road Court criminal case 1063 of 2010 andMwanga II Court criminal case NO 949 OF 2009 came to incriminate us so that we are convicted; a clear sign of deliberate desire to cause a travesty and miscarriage of justice.
This then disqualifies those officers and their counterparts and calls for a special investigation by men and women of integrity, not necessarily all Policemen, who can neither be compromised nor intimidated.
In fact, it needs an open inquiry with a hospitable environment where the young men; though have made several contradictory statements and other people should be encouraged to tell the truth without fear, favor or compromise.
That being the case then, it cannot in any way be prudent for AIGP Grace Akullo and her subordinates to investigate the new developments because they will not want to uncover what discredits the Criminal Investigation Directorate. It needs a totally independent team.
3. Investigate the 2009 kidnaps of Pr Robert Kayanja’s aides, Chris Muwonge, Old Kampala CRB 2391/2009; and Herbert Tumukunde which, though confirmed by the then Police spokesperson Judith Nabakooba and were highly publicized in the media have never been investigated and concluded to tell the nation the masterminds and executioners and bring them to justice.
I am very interested in seeing these kidnaps investigated because Pr Kayanja’s lawyers, Katende Ssempeebwa & Co Advocates wrote to each of us (Pr Moses Solomon Male, Pr Martin Sempa, Pr Michael Kyazze and Pr Robert Kaira), KS/CV/09/4586 dated 6th May 2009, notice of intention to sue us for among others, kidnap or abducting with intent to murder, confine, wrongful confinement, bribery and swearing false affidavit, and criminal defamation, with sentences in each cases defined.
I strongly believe that the kidnaps were an inside job the very reason the pro-Kayanja CID now headed by AIGP Grace Akullo never investigated them, but could vigorously ‘investigate’ the conspiracy misdemeanor and finally charged us.
I have had to appeal to you to personally intervene because it is very difficult for me and I believe my co-accused persons to trust the now AIGP Grace Akullo headed CID officers, yet the Police is the only institution mandated to carry out criminal investigations.
Remember, every complaint in respect of the sodomy saga, which include our complaint about Police CID misconduct in sodomy cases to PSU Bukoto was narrowed to the Pr Kayanja sodomy saga and eventually trashed.
Besides in Robson Matovu’s video message received, he says even Akullo knows how bribery was used in the Pr Kayanja sodomy conspiracy cases. It makes her unfit to be the final person in the investigation of the new developments.
That is why I have advocated for an open independent inquiry with an atmosphere conducive for witnesses to flow, assured of safety and protection. Remember, lawyers Henry Dungu and David Kaggwa were framed too.
To unearth the truth needs people who do not fear the AIGP Ochom and AIGP Akullo status, and are not merely going to interrogate, but to thoroughly investigate beneath the surface. It may be a situation of victims betrayed and now being victimized further if these young men are merely accused of uttering false statements or perjury without finding out why they had to lie.
Finally, just as you have been vigorous in personally arresting errant Police officers and going down to trouble spots to sort out problems on the ground, so do I humbly request that you personally take interest and get to the bottom of the truth in the Pr Robert Kayanja sodomy saga.
We can’t have young men coming up to complain, then mysteriously retract and come to court to accuse their good Samaritans, and then they turn around to say that what they stated initially was the truth and they give more details exposing the man they saved by their retractions; and you keep quiet, or refer the matter to the same officers who deliberately mishandled the cases.
I humbly look forward to your immediate indulgence in this these developments.
Moses Solomon Male
- Leader, National Coalition Against Homosexuality & Sexual Abuses in Uganda (NCAHSAU)
- Pr / Executive Director, Arising For Christ (ARCH)
- Publicity Secretary, National Committee on False Teaching & Cults Awareness (NCFTCA)
Cc: H.E The President of the Republic of Uganda
Cc: The Chief Justice of Uganda
Cc: The Minister of Internal Affairs
Cc: The Attorney General
Cc: The Minister of Justice
Cc: The Minister of State, Ethics and Integrity
Cc: The Chairman, Uganda Human Rights Commission
Cc: The Secretary, Inter-Religious Council of Uganda.