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Pr. Kayanja Vs Sodomy victims case: court bans media from proceedings, but is it legally right?

By Kabuye Ronald

The Nateete/ Mengo chief magistrate Adams Byaruhanga on Friday 5th, April, 2024 issued a directive banning journalists from covering the proceedings in the case Rubaga Miracle Centre Pastor, Robert Kayanja is accusing 10 people who purport to be his sodomy victims of criminal trespass at his church.  

The directive also prohibits all pastors and the general public from debating and commenting about the ongoing case.

It should be noted that In 2021, 9 youths protested at the pastor Robert Kayanja’ Rubaga Miracle Centre church accusing him of not paying them their salaries and sexually sodomizing them during their tenure which resulted into police arresting them and subsequently directorate of public prosecution charging them with Criminal trespass.

According to the trial magistrate, the media is spinning and twisting this case, which has resulted in a public debate. 

He also ruled that the case has lured different pastors into making unnecessary comments and judgments which amounts to contempt of court.

He added that in addition to writing contrary to what proceeds in court, media house also show the faces of the alleged sodomy victims which puts their lives in danger.  .

He also cautioned TikTok, YouTube, and other online content creators against electronically generating harmful stories.

It should be noted that high court has pronounced its self on the open hearing of matters of public interest when On 25th June 2014, the Buganda Road Chief Magistrate Lillian Buchyana ordered for an in-camera trial upon an application made by the prosecution led by Anguzu Lino to exclude journalists and the public from attending the trial of Ronald Poteri citing national security.

Detective Ronald Poteri was accused of leaking secret audio recordings between the Inspector General of Police then Gen Kale Kayihura and some ruling National Resistance Movement (NRM) party youths.

However, Journalists, through their umbrella body, Uganda Court Reporters’ Association (UCRA) challenged the Magistrate’s order through their lawyers arguing that Magistrate Buchyana’s decision was illegal, irrational and improper. They further argued that Poteri’s trial was a case of public interest and that the prosecution had failed to adduce evidence to show how a public trial would jeopardize national security.

In her ruling, Lady Justice Lydia Mugambe, said that the trial Magistrate acted unreasonably and unfairly in the process of making her ruling, adding that she committed an illegality, was irrational and her decision is clothed in procedural impropriety.

She noted that by virtue of Article 41 and 43, the trial magistrate was supposed to evaluate whether the request sought by the State was sufficient in a free and democratic society. “Moreover by giving such a blanket cover of in-camera proceedings for the entire trial, the Trial Magistrate sucked in the Defence case proceedings. Such in-camera proceedings for the Defence case should have been only at the request of the Defence if they felt it necessary.

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