In her testimony, the police director of Criminal Investigations said she had received instructions from the Inspector General of Police about Joanita Kyakuwa,who had allegedly been sexually assaulted and the President had directed the matter be investigated.
In 2005, retired army officer Dr Kiiza Besigye was accused of and arraigned before the Criminal Division of the High Court of Uganda for a rape offence. It was alleged that in November 1997, at Luzira in Kampala, he had unlawful carnal knowledge of the main complainant in the case, a one Joanita Kyakuwa, without her consent.
In Kyakuwa’s evidence, between 1997 and 1998, the doctor was her guardian when she went to live with him at his home in Luzira in Kampala after her A-Level. The two were not relatives, but her aunt was a friend of the doctor’s wife. When the A-Level results came out, she had passed, but not well enough to secure her admission to the university on government sponsorship.
The doctor offered to assist her and took her to Makerere University to get admission forms. She was subsequently admitted and offered a Bachelor of Arts in Arts and secured accommodation in a private hostel. Although she moved into the hostel in October 1997, she spent almost all her weekends in Luzira, at the doctor’s home.
According to Kyakuwa’s narrative in court, one Saturday, a driver picked her from her hostel and took her to the doctor’s residence, but the doctor was not at home. He arrived home in the evening at around 8pm.
She told court that at about 8.30pm that same evening, she went into the study room to watch television. She said she was dressed in a pair of shorts and a sleeveless blouse. Moments later, the doctor joined her in the study room, the two exchanged pleasantries, after which the doctor started caressing her thighs.
She tried to move away from him, but he kept on caressing her whole body. She tried to pull away but she was no match to him. He then took her to the visitor’s room, where he put her on the bed, forced her shorts off and removed her knickers.
He then pulled down his tracksuit with one hand and held her arms with the other arm. She gave up all resistance and the doctor then forcefully had sexual intercourse with her.
She further told court that after the incident, he went to the bathroom and returned with a small towel. She was crying by then. He sat on the bed, gave her the small towel and told her to clean herself, which she obliged. She left the room while crying and went downstairs to her room.
A househelp known as Aisha went to call for dinner but found Kyakuwa crying. When the househelp asked what had happened, Kyakuwa told her that the doctor had raped her. A counsellor later told court that he attended to Kyakuwa and that she was advised on HIV/Aids-related issues.
Aisha, the househelp, was the second witness and in her evidence, she told court that she worked for the doctor, although she could not remember the exact dates. She told court that she knew the wife of the doctor, who more often, was not at home, especially at the weekends. She remembered Kyakuwa staying at th edoctor’s home, but did not recall when she started staying with the family.
Aisha further told court that between October and November of some year which she could not remember, between 10pm and 11pm, Kyakuwa found her in the kitchen and told her that the doctor had had sex with her and she was crying.
Although Aisha tried to console her, she moved down to her room. When Aisha went to call her for super, she refused and she was still crying. The following day, Kyakuwa went back to school.
In 2001, Aisha went to work at the doctor’s farm in Kasangati, some 15km from the city centre. She said during that year, police asked her about the doctor and Kyakuwa. She declined to tell them anything about the two out of fear.
Police came another time asking her about the same subject, but she declined to say anything. In 2004, she was arrested by security officers and taken to an unknown place and asked about the same subject. This time she told them what she knew about the doctor and Kyakuwa.
Another witness told court that he met Kyakuwa in 2001 and she told him about a story that had appeared in a local newspaper, regarding threats to her life and the need for her to be protected. Kyakuwa sought to see the President. The witness contacted the private secretary to the President, an appointment was made and she met the President.
The police director of Criminal Investigations also gave evidence in the case. In her testimony, she said she had received instructions from the Inspector General of Police, about a girl who had been sexually assaulted and the President had directed the matter be investigated. The girl was called Joanita Kyakuwa and was staying at State House, Entebbe. She directed one of her officers to investigate the matter.
The doctor, as advised by his lawyers, declined to say anything by way of his defense and did not call any witnesses.
