High Court Rejects Bail for Katanga Widow Molly
Katanga, who appeared in court via Zoom from Luzira Women's Prison, had sought bail on health grounds
The High Court sitting in Kampala has denied a bail application of Molly Katanga, the widow accused of murdering her husband, businessman Henry Katanga.
Presiding Judge, Justice Isaac Muwata, denied Katanga’s bail application during a hearing on April 9, 2024, stating that she failed to demonstrate exceptional circumstances required by law for bail consideration.
Katanga, who appeared in court via Zoom from Luzira Women’s Prison, had sought bail on health grounds and claimed willingness to comply with any court-imposed conditions.
She presented substantial sureties, including her nephew, a retired civil servant Dr Patrick Kabayo, a farmer Rtd Gen Emmanuel Burundi Nyamwanisa, her cousin Geoffrey Kamuntu, and the state minister for Health Margaret Muhanga. However, the prosecution opposed the application, arguing that the presented sureties were not sufficient, with one being investigated for obstructing police investigations.
Katanga’s lawyers Peter Kabatsi, McDusman Kabega, Jet Tumwebaze, Bruce Musinguzi, and Ellison Karuhanga argued her innocence and highlighted her medical condition and previous treatment and surgeries. They further presented medical forms from Dr Patrick Sekindi and Dr Joel Kiryabwire dated November 13th 2023 from C Care IHK.
They revealed that she needed specialized post-operative care not available in prison. Additionally, they stated her fixed place of abode, her advanced age, and her clean criminal record as factors for her bail.
The prosecution countered by questioning the adequacy of the presented medical evidence and expressing concerns over potential interference with investigations. They pointed out that Katanga had previously demonstrated an inability to adhere to court proceedings.
Justice Muwata, in his ruling, mentioned the need to balance the accused’s right to liberty with the gravity of the offense and its societal impact.
He cited legal guidelines and the Trial Indictments Act, which require proof of exceptional circumstances for bail. He deemed Katanga’s age not advanced enough to qualify, and the medical evidence presented fell short of the required standard.
The judge also referenced precedents, denying bail to Katanga akin to a similar case involving businessman Francis Onebe. He emphasized the need for justice to be served, dismissing Katanga’s application and advising her to prepare for trial, scheduled for July 2, 2024.
While Katanga’s daughters Martha, Nkwanzi, Shamba boy Amanyire, and male nurse Otai were granted bail earlier, she remains in custody, awaiting trial for the alleged murder of her husband in November 2023.
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