Makindye Chief Magistrates Court has cleared Kabula County MP James Kakooza of an incest case that he has been battling with for the past three years.
Kakooza, the former state minister for health was dragged to court by his estranged mistress, Enid Tuhirirwe and other relatives accusing him of having a sexual relationship with his own biological daughter Brenda Nabbona. The petitioners claimed that the relationship had resulted into a baby.
His mistress whom he had two children with, was seeking court’s orders to among others dissolve their marriage on grounds of incest and cruelty.
In her complaint, Tuhirirwe claimed MP Kakooza used to tiptoe to the bedroom of his biological daughter at night and could make love to her and that this was one of the reasons why she ran out of their home in Makindye, Kampala.
She claimed in her complaint that one night when MP Kakooza sneaked into his daughter’s bedroom, she followed him and that she stopped at the door to listen to what was going on there.
She claimed to have heard her husband Kakooza and his daughter having sex. She also claimed to having heard the daughter proclaiming her love to the father.
But in her judgment, Chief Magistrate Esta Nambayo ruled that there was no evidence to conclude that MP Kakooza had a sexual relation with his biological daughter.
The magistrate agreed with Kakooza’s defense when he accepted going to his daughter’s bedroom at night but only to check on his grand child who could occasionally cry at night.
The magistrate further observed that if Kakooza’s daughter made statements confessing love for the father in her bedroom in the presence of his father, it’s possible that she was saying those words to her crying baby to try to make her keep quite.
“From above, I wish to point out that there is no evidence that the Tuhirirwe has brought to prove that the 1st respondent (MP Kakooza) had an incestuous relationship with his daughter Brenda Nabbona,” Ms Nambayo ruled
Adding: “minutes at the scheduling in the court cannot be used as evidence of incest just because the magistrate wrote that the child is called Joel Kakooza. The evidence should have been brought by the petitioner herself but not counsel to try to use court proceedings to prove incest. Can’t a child be named after his/her grand parents?”
“The best thing would have been for the petitioner 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….” Nambayo questioned.
The magistrate also observed that Tuhirirwe could have made such allegations out of her own frustrations of a failed relationship.
Kakooza’s mistress had also asked court to dissolve their marriage and share the property equally.
But the magistrate in her judgment noted that there was no marriage to dissolve between her and MP Kakooza on grounds there was no proof that the two were traditionally married.
However, court observed that MP Kakooza had visited Tuhirirwe’s parents once when he discovered that she was carrying his baby.
Court also declined to make orders that she gets half of Kakooza’s property apart from the Toyota Harrier car that she proved that it belonged to her.
Further, court also declined to grant Tuhirirwe custody of her two children that she had with Kakooza on grounds that she was mother of a very unstable character, hence very risky to take care of the children though court permitted her to be visiting her children as often as she can.
Each party was ordered to bare its legal costs.