The State Prosecutor, Noah Kunya objected to the presentation of the DNA results and asked the judge to disregard it, saying it obtained in contempt of court since it wasn’t conducted by GAL and witnessed by a Police officer.
N. Lwanga has indefinitely suspended a defilement case against Reverend Canon
Kezekiah Kalule because of disagreements on the DNA report. She made the ruling
when Reverend Kalule, who was formerly attached to Luteete Archdeaconry in
Luwero Diocese, appeared before Luwero High court to defend himself on
allegations of defiling and impregnating a 16-year-old girl who was under his
custody from 2007-2018.
who has since given birth to a baby girl was a pupil at Luteete Primary School.
She was under the sponsorship of Compassion
International, a non-government organization under Church of Uganda and was
placed under the Reverend by her grandmother. During the
hearing, Reverend Kalule’s lawyers, Francis Karoro and Jonathan Wandera from JW
Company Advocates asked court to vacate an earlier order and allow them to present
a DNA report from Little Oak Biotech Kampala, a private laboratory.
earlier allowed the defence lawyers to conduct a paternity test on the child
and the accused from the Government Analytical Laboratory (GAL) under the
supervision of a Police Officer. However, the defence lawyer told court that they agreed with Aisha Nattembo, who was holding
a brief for them to conduct the tests at a private laboratory after receiving
information that results from the government laboratory will return after three
The State Prosecutor, Noah Kunya objected to the presentation of the DNA
results and asked the judge to disregard it, saying it obtained in contempt of
court since it wasn’t conducted by GAL and witnessed by a Police officer. Kunya
also said that Nattembo also told him that the accused constantly called the
private laboratory technician pestering him for the results.
that the constant contact between the accused and the private laboratory raised
suspicion over the results and court can’t rely on them. Nattembo told court that
the paternity test was sponsored by Compassion International and they were also
concerned about the constant contact between the accused and the laboratory
technician to release the results to him before they received them.
pleaded with the judge to accept the DNA report, saying that results from
Government Analytical Laboratory will delay and deny the accused an expeditious
trial. In her ruling, Justice Damalie N. Lwanga rejected the DNA report, saying
that the court orders were specific on where it was supposed to be done and supervised
by a Police officer.
She said that given that the State Attorney and the victim’s
lawyers have also disowned the results from the private laboratory, she can’t allow
the DNA report to be presented in court. She said that in the interest of
justice court is willing to wait for the results from the Government Analytical
She adjourned the matter to the next high
court criminal session since this one was only planned for 45 days, which are
about to end. Our reporter saw the DNA report, which the defence lawyers wanted
to lay before court indicating that there is a 0.00 % probability that Kalule
fathered the child, whom the victim gave birth too as result of the alleged
The defilement victim, who is now 19-years of age attended the
court session together with her child. Immediately after the adjournment, Reverend Kalule left the court premises with
his defense lawyers and relatives. Kalule is out of jail on court bond because
of ill health and advanced age.