STATE PROSECUTOR QUESTIONS DEFENSE MEDICAL WITNESS'S CREDENTIALS IN PASTOR KAYANJA CASE.

By PETER SSUUNA; MENGO

Drama erupted at the Nateete-Lubaga Chief Magistrates' Court in Mengo on Monday after the State challenged the competence of a key defense witness in the case against nine men accused of falsely accusing Pastor Robert Kayanja of sodomy.

The witness, Dr. Phenehansi Bwambale, 44, a police officer attached to the Police Training School in Kabalye, told court he is a forensic pathology expert with two degrees and five years of experience. He said he had come to testify for the defense after examining the young men who allege they were sodomized.

Bwambale stated that in addition to being a pathologist, he is also a qualified dental surgeon.

However, State Prosecutor Jonnathan Muwaganya objected to his testimony, arguing that Bwambale lacks the legal capacity and experience to testify in such a case because his background is in dentistry.

Muwaganya told court that a check on the Uganda Medical and Dental Practitioners Council website shows Bwambale is registered as a dental surgeon.

"It is unfortunate that a dental surgeon filled Police Form 3, which handles cases of this nature. He cannot give expert evidence before this court," Muwaganya submitted.

He argued that only a fully licensed medical doctor, not a dentist, is legally authorized to fill Police Form 3 and to conduct medico-legal examinations in cases of sexual assault.

"Under Ugandan law, a dental surgeon cannot legally examine or conduct medical investigations in cases like this. Dentists specialize in oral health, their training and practice is limited to prevention, diagnosis and treatment of dental conditions," he said.

Muwaganya questioned under what authority Bwambale conducted intimate examinations. "Did he have a license to practice general medicine or dentistry? How is he registered? He cannot examine people's private parts," he argued.

He asked court to summon the medical regulatory body to clarify whether Bwambale's license permits him to use Police Form 3 and to confirm whether he is registered as a general practitioner or as a dental surgeon.

In response, defense lawyers led by Humphrey Tumwesigye accused the State of contradiction and double standards.

Tumwesigye told court that it was the prosecution itself that disclosed all case materials to the defense, including the very same Police Form 3 filled by Dr. Bwambale, and wondered why the State was now challenging its own document.

"The same prosecutor who wants to rely on this doctor's evidence is the one now punching holes in it, claiming he has no experience. He had the qualifications and competence when the State was using him," Tumwesigye argued.

He said the prosecution was fixated on Bwambale's dentistry background while ignoring his other qualifications.

"My client holds two degrees in pathology. If he was not qualified, he would not have been admitted to pursue further studies at Makerere University," he said.

Tumwesigye explained that when one studies pathology, they choose either a clinical or laboratory path, and that Bwambale chose medical path, and has presented all his credentials. He obtained his second degree in pathology in 2020 and filled the disputed forms in September 2021.

He asked court to dismiss the State's objection as a waste of court time.

Presiding Magistrate Adams Byarugaba said he will deliver his ruling on the matter on August 24, 2026.

The nine accused - Reagan Ssentongo, Peter Sserugo, Alex Wakamala, Labeeb Kalifah, Moses Tumwine, Martin Kagolo, Agrey Kanene, Israel Wasswa and Jamir Mwanda are charged with attacking Pastor Kayanja's Miracle Centre Cathedral on September 17, 2021, and falsely claiming that the pastor had sodomized them in an attempt to extort money from him.