The Chief Magistrates Court in Makindye issued its final orders allowing Kampala Metropolitan Traffic commander, Norman Musinga to divorce his estranged wife, Esther Kyinkuhaire citing witchcraft as the core reason for the dissolution.
Court also allowed SSP Musinga custody of the three children from the nine year marriage that had been solemnised at Namirembe diocese on July 17, 2010.
In his divorce suit, Musinga (in featured photo) told court that Kyinkuhaire was heavily engaged in ritual and spiritual activities associated with the Bachwezi, which was a problem to his Christian faith and values.
According to evidence presented in court, Esther Kyinkuhaire was involved in ritual praying in a church known as ‘Divine power temple’ of the Bachwezi and that Musinga, on many occasions, found strange things/ herbs under their matrimonial bed.
“Because the respondent (wife) was engaged in witchcraft, the petitioner (Musinga) got great fear and even feared to engage in any sexual act with her since September, 2016 to date and avers that his marriage with his wife is irreconcilable in beliefs,” reads part of the evidence contained in the court judgment.
SSP Musing had also told the court that for two years before filing for divorce, he and his wife were sleeping in two separate bedrooms due to irreconcilable differences.
Grade One Magistrate, Allan Gakyaro Mpirwe in his decision, held that since SSP Musinga’s wife failed to appear in court to defend herself against the law suit, court had no option but to expunge her witness statement. This meant that whatever was alleged against her, stood unchallenged.
“The court having found out that the evidence of PW1 (Musinga) was not challenged and was obtained through vehement cross examination by the respondent’s counsel, I will find it credible in proof of this case,” the magistrate said.
Kyinkuhaire’s defence was that she loves Musinga and that their marriage was merely going through wear and tear just like any other marriage and therefore, there was no need for divorce.
Kyinkuhaire added that despite making several phone calls to him, SSP Musinga did not pick them up, prompting her to storm his work place at Central Police Station (CPS) in Kampala but failed to see him because he was reported to be busy.
The magistrate said he had granted SSP Musinga custody of their three minors who are between six and two years, and not his estranged wife, because he was in gainful employment while she had no known source of income to comfortably look after the children.
“Court evaluated and found out that PW1 (Musinga) was gainfully employed by the police and at a senior rank in the police force. It’s also considered that the respondent (Kyinkuhaire) has no known source of income to provide for the minors,” ruled the court.
The court also held that despite mothers having a role in the upbringing of children, she was being accused of engaging in witchcraft and that her activities would affect their emotional growth and health.
