The High Court in Kampala has for the third time declined to grant bail to Ms. Molly Katanga, who is facing trial over the death of her husband, Henry Katanga.
legal team, from Kampala Associated Advocates and Tumusiime, Kabega & Company Advocates, had cited the Uganda Prisons Service’s inability to provide adequate medical care.
Ms. Katanga had cited grave illness, including continued hypertension, vertigo, multiple breast masses, and her age of 56, as grounds for her release.
She also argued that she is not a flight risk, having substantial sureties, including a minister, and will not abscond court.
“The applicant’s (Molly’s) health has worsened; she has undergone multiple surgeries and remains deteriorating. Uganda Prisons Service itself has admitted its incapacity to manage her condition. She is frequently too ill to attend court and struggles to follow proceedings even on Zoom,” her application reads in part.
“The presumption of innocence is not a mere courtesy; it is the cornerstone of justice. If pretrial detention is allowed to stretch indefinitely, it ceases to be restrained and becomes punishment without a verdict.”
Ms. Katanga argued that the court should not be bound by errors from prior rulings that deviated from the Supreme Court’s position.
She contended that denying her bail, given her failing health and the stalled trial, would be imprisoning her not for what she has done, but for how long she has waited.
Delivering her ruling on Friday, Justice Rosette Comfort Kania rejected the health grounds raised by Ms. Katanga’s legal team, ruling that her trial has reached an advanced stage and will be heard on an expedited basis starting March 10.
Justice Kania ruled that while Katanga’s advanced age, health grounds, status as a first-time offender, and role as sole breadwinner are factors in her favour, they are outweighed by the seriousness of the charges against her.
“In cases where an applicant is charged with capital offences, the court must consider the overarching consideration of the gravity of the accusation,” she ruled.
“The court must consider all the circumstances and determine whether it is in the interest of justice to grant bail.”
She had presented retired Maj. Gen. Emmanuel Burundi, Dr. John Patrick Kabayo, and Geoffrey Kamuntu as her sureties.
Katanga, along with her daughters Patricia and Martha, and two domestic workers, George Amanyire and Charles Otai, face charges related to the killing of Henry Katanga on November 2, 2023, at their family residence in Mbuya, Chwa road.
She is charged with murder, while her daughters are accused of tampering with crucial evidence. The two household employees stand accused of being accessories after the fact.
