MP Kakooza cleared of incest charges
Posted Sunday, December 15 2013 at 02:00
Kampala-Former state minister for Health James Kakooza has been acquitted of incest charges.
In her November 28 judgment, Makindye Chief Magistrate Esther Nambayo ruled that prosecution had failed to prove that Mr Kakooza had sexual intercourse with his biological daughter, which encounter was alleged to have resulted into a child.
Three years ago, his estranged lover Enid Tuhirirwe sued Mr Kakooza, also Kabula County MP, seeking divorce on grounds that he had committed incest and cruelty.
Ms Tuhirirwe claimed Kakooza used to sneak into the bedroom of his biological daughter under cover of darkness and have sex with her.
She said Kakooza’s behaviour forced her to run away from their home in Makindye, Kampala.
In the ruling, the magistrate agreed with Kakooza’s defence submissions that he went to his daughter’s bedroom only to check on his grand child who occasionally cried at night.
The magistrate said the alleged remarks of “I love you and you are very sweet” in the daughter’s bedroom, she could have said the words to her crying baby to soothe it.
“From above, I wish to point out that there is no evidence that the petitioner (Ms Tuhirirwe) has proved that the 1st respondent (Mr Kakooza) had an incestuous relationship with his daughter Brenda Nabbona,” Ms Nambayo ruled.
Court dismissed the claim that naming the child Joel Kakooza is evidence of incest because it is normal for a child to be named after his/her grandparents.
“The best thing would have been for the petitioner (Ms Tuhirirwe) to request court to send the parties for DNA test. I would wonder why the petitioner opted not to and yet at one time this court made a suggestion to the parties….” the magistrate ruled.
The magistrate observed that Ms Tuhirirwe could have made the allegations out of her own frustrations of a failed relationship. Mr Kakooza welcomed the ruling and declared that justice had been served. Each party was ordered to bear their own costs.