KAMPALA, Uganda: The infamous city businesswoman, Molly Katanga, will remain behind bars after Lady Justice Rosette Comfort Kania ruled against her bail application in the High Court last night. The ruling leaves her with no option for release except through acquittal at trial.
Katanga faces charges of murdering her husband, Henry Katanga, on November 2, 2023, at their home in Mbuya, Nakawa Division, Kampala. The prosecution asserts that she shot her husband with malice aforethought, in violation of Sections 188 and 189 of the Penal Code Act. Her daughters, Marthar Nkwanzi and Patricia Kakwanza, were also charged with destroying evidence but have since been granted bail.
Bail Application Rejected
Molly had sought bail under Article 23 of the Constitution and Section 15 of the Trial on Indictments Act (TIA), citing the presumption of innocence, grave illness, advanced age, a fixed place of abode, substantial sureties, and family obligations. However, Lady Justice Kania dismissed the application, the same which had been filed before Justice Isaac Muwata, the initial presiding judge, who since excused himself from the case.
During court proceedings, Justice Kania issued a stern warning, cautioning parties involved, presumably the defense, against attempting to influence her through phone calls, surprise visits, or uninvited entry into her chambers. This raised speculation that Justice Muwata might have faced similar pressures, prompting his withdrawal from the case.
Legal Teams and Court Arguments
Molly is represented by two law firms of KAA Advocates, led by Counsel Peter Kabatsi with assistance from Elison Karuhanga and Jet Tumwebaza, and Tumusiime Kabega & Co. Advocates, led by Senior Counsel Macdusman Kabega. KAA Advocates are supposedly handling the bail applications, while Tumusiime Kabega’s team is managing the trial.
On the prosecution side, Assistant DPP Samalie Wakooli leads the case, supported by Chief State Attorney Jonathan Muwaganya and Prosecutor Anna Kizza. Watching the case closely is Senior Counsel Mwesigwa Rukutana, alongside Ivy Muhumuza, Rubihayo Brian, and Ayebazibwe Edgar.
Molly’s lawyers argued that bail is a constitutional right, not a privilege, and that pretrial detention was effectively punishing their client. They cited a Supreme Court ruling (Attorney General Vs Joseph Tumushabe, Constitutional Appeal No.3 of 2005) which held that exceptional circumstances were a mandatory for bail. The prosecution, however, countered that Molly lacked exceptional circumstances, was a flight risk, and had previously absconded. Nevertheless, the court acknowledged that she had a fixed place of residence and substantial sureties.
The Verdict: No Bail But Fast-Tracked Trial
Justice Kania ruled that Molly’s health condition was manageable within the prison system, referencing medical reports from Uganda Prisons Service and Mulago National Referral Hospital. The judge emphasized that Molly’s priority should not be bail but rather an expedited trial.
“Given the gravity of the charge and the advanced stage of the trial, with 10 witnesses having already testified and proceedings set to resume in March 2025, the court exercised its discretion to deny bail, emphasizing the need for a fair and expeditious trial,” Justice Kania ruled. With the trial fast approaching, all eyes remain on how the case unfolds in the coming months.
Author Profile
- Stanley Ndawula is a two and a half decades’ seasoned investigative journalist with a knack for serious crimes investigations and reporting. He’s the Founding Editorial Director and CEO at The Investigator Publications (U) Limited
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