Kampala, Uganda: State prosecution has challenged the competence of a defence witness presented as a medical expert in the case involving nine youths accused of trespassing at Pastor Robert Kayanja’s Rubaga Miracle Cathedral.
Dr Bwambale Fehehansi, 44, a senior police officer and resident of Kabalye in Masindi District, appeared before Mwanga II Court as Defence Witness Number 10.
Bwambale told court that he is a pathologist holding a Master of Medicine in Pathology, having first obtained a Bachelor of Dental Surgery from Makerere University.
He presented his academic qualifications to court as proof of his expertise and listed his duties as including diagnosing diseases, examining dead and living persons, advising consultants treating patients and giving expert evidence in court.
In the present case, Bwambale was called to testify as an expert after examining some of the accused persons who alleged that they had been sexually abused. He is also said to have filled and signed Police Form 3A relating to the examinations.
However, soon after Bwambale was introduced as an expert, Chief State Attorney Jonathan Muwaganya objected to his competence, arguing that court first needed to establish the professional capacity in which the witness was being presented.
Muwaganya questioned whether Bwambale was appearing before court as a medical doctor, pathologist or clinical officer, saying the distinction was important in determining whether he was qualified to give expert evidence.
The prosecutor also questioned documents relating to Bwambale’s professional qualifications and practising licences.
According to Muwaganya, Bwambale produced a licence issued by the Uganda Medical and Dental Practitioners Council on March 19, 2026, alongside another document showing that he was licensed under the Allied Health Professionals Council.
Muwaganya told court that the Allied Health Professionals Council regulates allied health practitioners and does not regulate medical officers.
The prosecutor further argued that Bwambale’s foundational qualification is a Bachelor of Dental Surgery, meaning he is licensed as a dentist, and that obtaining a postgraduate qualification in pathology does not automatically change his professional registration to that of a medical doctor.
The State maintained that the law distinguishes between a medical practitioner or medical doctor and a dental practitioner or dentist, and that a practitioner’s foundational qualification determines the scope within which they are authorised to practise.
Muwaganya also questioned Bwambale’s role in completing Police Form 3A, noting that the witness had indicated that he conducted the examinations as a medical officer of special grade.
The prosecutor said checks on the dental practitioners’ portal showed that Bwambale was registered as a dentist after obtaining his Bachelor of Dental Surgery in 2014.
The State therefore argued that although Bwambale had undertaken postgraduate training in pathology, his professional practice remained subject to his registration and authorised scope of practice.
“Dentists are specialists in dental practice whose training, licence and professional scope are strictly limited to the prevention, diagnosis and treatment of conditions relating to the teeth, jaws and oral cavity,” Muwaganya submitted.
He argued that Bwambale’s expertise could extend to injuries involving the face, mouth and jaws but could not cover the examination of private parts in sexual and gender-based violence cases.
The prosecution asked court to require Bwambale to produce his academic transcripts and other qualifications so that his professional standing could be established before he proceeds with his expert testimony.
The defence lawyers opposed the objection, arguing that the prosecution itself had disclosed the Police Form 3A documents later signed by Bwambale.
The defence said the forms were included among the prosecution’s disclosure documents and that they relied on them when deciding to call Bwambale as a defence witness.
Presiding Grade One Magistrate Adams Byarugaba subsequently ordered Bwambale to produce all his academic documents at the next sitting for verification.
The court will then be able to determine the professional basis on which Bwambale may give expert evidence in the case.
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