The Mwanga II Magistrates Court in Kampala has issued a warrant of arrest against one of the accused persons in a case where nine youths are accused of fabricating evidence against Pastor Robert Kayanja of Rubaga Miracle Centre Cathedral.
Martin Kagoro, one of the accused in the case, did not attend Thursday’s hearing and failed to communicate any reason for his absence to either the court or his legal representatives.
The court had resumed proceedings for the re-examination of Enock Kanene, a digital forensic expert, who testified that pornographic and homosexual videos recovered from the phone of one of the accused persons were not sent by Pastor Kayanja. According to the expert, the videos originated from social media platforms and other third parties.
However, when the hearing commenced, Kagoro was absent, and his lawyers were unable to account for his whereabouts.
The Chief State Attorney Jonathan Muwaganya asked court to issue an arrest warrant against the accused as a measure to deter others from repeating the same.
In a strongly worded ruling, Senior Principal Grade One Magistrate Byarugaba criticized the conduct, saying the court could not tolerate accused persons frustrating proceedings after hearing dates had been fixed and all parties assembled.
“I have heard submissions from both sides. The issue is the absence of the sixth accused from court without any plausible explanation. There has been no communication to his lawyers, colleagues, or the court regarding his absence,” the magistrate said.
The magistrate acknowledged that unforeseen circumstances such as illness, accidents, or personal emergencies could prevent attendance in court, but emphasized that proper communication must always be made.
“This court accepts that anything can happen to any of us. Anyone can fall sick, get involved in an accident, or face personal challenges that prevent attendance in court. But when such circumstances arise, it is right and fair to communicate either directly or indirectly through lawyers,” he added.
Magistrate Byarugaba further condemned unexplained absenteeism, noting that court hearings consume significant judicial time and resources.
“When a case is fixed for hearing, it disrupts other court business because all resources are directed towards the hearing of that particular case. When an accused person deliberately absents themselves, it results in a waste of the court’s time and resources,” he ruled.
The magistrate warned that persistent absenteeism could eventually lead to an accused person disappearing entirely before the conclusion of the trial.
“Court cannot sit and watch a case proceed without an accused person in the dock at the conclusion of the trial. The court must take firm action against such behaviour,” he said.
Court subsequently issued a warrant of arrest against Kagoro and directed that he be arrested and produced before court to explain his absence.
In addition, the magistrate issued a stop order barring Kagoro from leaving the country pending the conclusion of the case and directed the Directorate of Citizenship and Immigration Control at the Ministry of Internal Affairs to enforce the order.
The matter was adjourned to May 21, 2026, for further hearing and re-examination proceedings.