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Businessman Henry Katanga’s murder trial continued on Monday, July 15, with his lawyer Ronald Mugabe Ruranga detailing what they discussed prior to his death.

Ruranga was testifying in a case where Molly Katanga is accused of killing her husband. Molly is facing trial together with her daughters; Patricia Kakwanza and Martha Nkwanzi, as well as George Amanyire, a domestic worker and Charles Otai, a nursing officer, who are accused of destroying evidence and being accessories to the murder.

Katanga succumbed to gunshot wounds he sustained on his head on November 2, last year, at their residence at Mbuya Chwa II Road in Kampala. The case is before Justice Isaac Muwata.

Assistant Director of Public Prosecutions Samali Wakooli and Chief State Attorneys; Jonathan Muwaganya and Anna Kiiza are prosecuting the matter. The defence lawyers are; Peter Kabatsi, MacDosman Kabega, Jet Tumwebaze, Bruce Musinguzi and Elison Karuhanga.

Meanwhile, renowned lawyer Mwesigwa Rukutana is monitoring the proceedings on behalf of the deceased’s family.

New Vision brings you what transpired in court verbatim. Immediately after the judge entered the courtroom, the clerk read out the case file and the accused entered the dock.

Prosecutor Wakooli: My lord, the matter is for further hearing and we have witnesses in court. My colleague will guide the witness (Ruranga) during the examination-in-chief.

Ruranga took the witness stand.

Judge: What is your religion sir?

Ruranga: I am a Protestant. He is given a Bible to take the oath.

Prosecutor Muwaganya: Repeat your full name for the court record.

Witness: Ronald Mugabe Ruranga.

Muwaganya: How old are you?

Ruranga: I am 45 years old.

Muwaganya: What do you do for a living?

Ruranga: I am a lawyer, businessman and a farmer.

Muwaganya: Are you a practising lawyer and how do you practice it?

Ruranga: I practice with Agaba and Company Advocates, situated at Nkrumah Road in Kampala.

Muwaganya: For how long have you been practising?

Ruranga: For 17 years.

Muwaganya: Do you know any of the accused persons, starting with the lady on the screen (Molly)?

Ruranga: I do

Muwaganya: How do you know her (Molly)?

Ruranga: She is Molly Katanga Bananukye. She was a wife to my client, Henry Katanga Macuua.

Muwaganya: What about A2 (accused two — Kakwanza) and A3 (Nkwanzi)?

Ruranga: They are daughters of the late Katanga.

Muwaganya: Do you know the fourth (Otai) and fifth (Amanyire) accused persons?

Ruranga: No. Muwaganya: How do you know Henry Katanga?

Ruranga: Katanga was my client, personal friend and business associate.

Muwaganya: Let’s begin with your relationship with him as your client. For how long was he your client?

Ruranga: My lord, Henry Katanga was my client for almost 17 years.

Muwaganya: How did you relate with him as a client?

Ruranga: As a client, he would give me instructions. He was a moneylender and I would draft all his agreements, including sales contracts. I would equally effect transfers in some of his titles.

Muwaganya: What about as a friend?

Ruranga: He was my personal friend. Katanga would check on me before he goes to his office, located at Uganda Cooperative Alliance building opposite Police post on Nkrumah road. The offices are in the same floor and building.

A one Ninsiima, I and Katanga regularly had lunch together at 1:00pm at Nkrumah because he (Katanga) was cautious of his health. He would invite me to his family functions, especially for his daughters’ give-away. We would also hang-out together, although I do not drink alcohol. Sometimes, the deceased would come to my bar at Mukwano Road to drink and we would spend time there. Katanga and I would go to Silver Springs and Lugogo to hang-out as well.

Muwaganya: So, from your close interaction with Katanga, first as a lawyer, you said that you used to author documents for him. Would he (Katanga) deal with the documents that you authored?

Ruranga: Yes, I did, because I was under instructions to draft sale agreements.

Muwaganya: After drafting documents, did you require Katanga to do anything?

Ruranga: He (Katanga) would sign in my presence and with those who took the money. Katanga had a very good handwriting.

Muwaganya: Which hand was he using to write?

Ruranga: He used the right hand to write and eat.

Muwaganya: Just for the record again. You have told court how Katanga was close to you as counsel and personal friend. What kind of a person was Katanga in terms of character?

Ruranga: He was a gentleman. If this court had asked me to name one to 10 gentlemen, he would take all the positions. He was a cool, genuine man and his temperedness was measured, despite hanging out.

He would also listen more and talk less. My lord, Katanga had a very good memory because when you would make an appointment with him, he would keep time. He would note and write everything that you tell him. He was jovial, cool and jolly.

Muwaganya: You remember where you were on October 30, 2023?

Ruranga: On October 30, 2023, while in Ntinda, Kampala, I received a call from Katanga using a different number, saying he wanted to give me some documents. Since my secretary was not in office, I told Katanga to give the documents to my partner Maguru Agaba.

Agaba called me and said he had received documents from Katanga and I told him that I would be able to see Katanga the next day (November 1, 2023). Unfortunately, I was unable to see him that day (November 1, 2023) because I did not go to office.

Muwaganya: What followed?

Ruranga: I told Agaba to send Katanga a WhatsApp, stating that we shall meet on November 2, 2023, at 10:00am. But Agaba called him and we agreed to meet at the same time as scheduled.

Muwaganya: So, what happened?

Ruranga: We waited for Katanga on that day at 10:00am, but he did not show up. However, later at about 12:00pm, we received a call that Katanga, who you were waiting for is dead. After knowing about Katanga’s death, I added a second padlock on Katanga’s closed office.

Muwaganya: Why did you think of that option as soon as you heard of his death?

Ruranga: I did it for security reasons, because I thought he had been assassinated or died on the road. Therefore, I believed some people would come to his office and take his documents. The following day (November 3, 2023), the Police from Jinja Road went to the management of the building, which housed Katanga’s office and arranged for a meeting, but I requested that the deceased’s office be opened in the presence of the Local Council 1 (LC1) chairperson of the area and the in-charge of the Police post opposite our offices.

Judge: Did you also attend the meeting?

Ruranga: Yes

Muwaganya: So, what happened?

Ruranga: The purpose was to open Katanga’s office. So, I gave the Police a key for the second padlock after they had opened the first one using a key given to them by the security officer of the building. They opened Katanga’s office and broke the money safe.

Muwaganya: Was this in your presence?

Ruranga: Yes. They found documents including cheques, sh21m and other currencies in the safe.

Muwaganya: How did the exercise end?

Ruranga: The exercise ended by signing a search document. However, I did not sign the document because I had gone to All Saints’ Cathedral in Nakasero for Katanga’s funeral service.

Muwaganya: How did you get to know about the documents that were signed during the search?

Ruranga: The investigating officer left for me a copy of the document.

Muwaganya: Did you attend Katanga’s burial?

Ruranga: Yes. I attended the burial at Katanga’s home in Orwera Kikatsi, Kiruhura district.

Muwaganya: Did you come to know why Katanga was looking for you and why he had left the document with your colleague on your instructions?

Ruranga: I came to know later from Noame Nyangweso (Katanga’s sister) that the businessman wanted to make a will.

Muwaganya: Did you get to know the documents Katanga left for your action?

Ruranga: I did my lord.

Muwaganya: What documents did he (Katanga) handover to your colleague?

Ruranga: It was a bag containing an envelope that had an original certificate of title, original agreements for purchase and sale of land, photocopies of certificate of titles and some written stickers indicating where he bought the land and balance.

Muwaganya: In respect to the matter before this court, is there something else you would want to tell the court?

Ruranga: Yes, my lord. Katanga loved and cared for his health.

Secondly, one of his friends a one Ninsiima died of cancer and after two months, another general, who is his friend also died of liver cancer.

Following the incident, Katanga came to my office and said: “Have you seen how people are dying?” We shall not die like dogs, a reason why I need to do general check-up for the betterment of my health.

Katanga said he underwent health general check-up around August and September 2023.

Muwaganya: That is all for me.

The witness is available for cross-examination.

Defence lawyer Kabatsi: My lord, we pray for a short adjournment.

The defence lawyers went outside the courtroom and got engaged in a discussion.

Judge: We shall resume after 20 minutes. (At half past midday).

Kabatsi: My learned friend will cross-examine the witness.

Judge: You can proceed. The witness is reminded that he is still on oath.

Defence lawyer Kabega: Ruranga, you said you have been a lawyer for 17 years. When did you get enrolled?

Ruranga: In 2007.

Kabega: Your name is Ronald Mugabe Ruranga?

Ruranga: Yes.

Kabega: I want to suggest to you that you are lying to this court because you are not an advocate.

Judge: Do you have the answer?

Ruranga: It is not true my lord.

Kabega: I want you to read that document (practicing certificate) from Judiciary’s chief registrar’s office.

The document dated June 25, 2024, indicates that Ronald Mugabe Ruranga has not appeared on their record as an advocate. The document was signed by Patricia Amoko (Private Legal Secretary to the Chief Registrar). Is she lying that you are not an advocate?

Ruranga: She is lying.

Kabega: We pray that the document is tendered in court as defence exhibit for identification purposes.

Judge: What is your response to the defence’s request?

Muwaganya: My lord, we object because the witness in the stand is not the author. Apart from the document mentioning his name, there is no background that has been made to establish a nexus between the witness and the document. So, it cannot be tendered in through this witness. They (defence team) can bring the Chief Registrar as the author to tender the document in court.

Kabega: Section 73 (a) (iii) of the Evidence Act states that documents forming the acts or records of the acts of public officers, legislative, judicial and executive, can be tendered in court.

This document was signed by the registrar of this court, who is a public officer and the witness confirms that it is his name that is on the document. The document can, therefore, be tendered in court.

Muwaganya: My Lord, section 73 of the Evidence Act, only speaks to what a public document is, but does not deal with how public documents are tendered in court. My lord, it is our contention that even public documents have to be first proved and tendered in court through a rightful witness. As such, this section does not say that you can tender a public document through any witness on the stand.

Kabega: My lord, this man gave us his full name and accepted that it is his name in the letter. The document concerns the witness in the stand.

Judge: Do you have any other question in cross-examination? I will read the law and determine whether the document should be tendered in court.

Kabega: The name indicated in the letter is your full name?

Ruranga: Yes, Kabega: Do you have a practicing certificate in those names?

Ruranga: I do not have.

Kabega: If you are a practicing advocate, then you are doing it illegally.

Ruranga: It is not true my lord.

Kabega: Do you have a copy of documents, which you signed when the deceased was executing minutes or any transfers? Do you have one here?

Ruranga: No.

Kabega: Do you have any documents here to indicate transactions relating to sale of land on behalf of the deceased?

Ruranga: No.

Kabega: It is your evidence that you attended functions of the deceased’s family when they were giving out their daughters. How many did you attend?

Ruranga: I attended two functions.

Kabega: Did Nyangweso attend the two functions?

Ruranga: For the first one I do not know, but she attended the second function.

Kabega: Was Nyangweso given a microphone to say something at the wedding?

Ruranga: Yes.

Kabega: Is it not true that during the give-away of their (Katanga’s) daughters, Nyangweso spoke and heaped praise on Molly for nurturing her children?

Ruranga: I do not remember.

Kabega: I want to suggest to you that your memory is being selective.

Ruranga: You do not have to listen to every guest. My invitation was from Katanga.

Kabega: It is your evidence that on October 30, 2023, you were not in office and you received a call from Agaba that the deceased was in your office.

Ruranga: No.

Kabega: It’s also your evidence that Agaba said he received documents from Katanga and then you told him that you would see him (Katanga) in the morning.

Ruranga: Yes

Kabega: Did you see the documents which were picked from the safe?

Ruranga: I did.

Kabega: Which people were present during the search?

Ruranga: The head of security Uganda Cooperative Alliance building a one Haruna, Bosco Zziwa, Everest Katwesi, Viviana Akong, Nyangweso and police officer Okumu.

Kabega: Was there no member from the family of the deceased apart from Nyangweso?

Ruranga: No.

Kabega: I invite you to tell the court where your signature appears in some of these certificates of titles as an advocate for Katanga. (Kabega gives the witness documents, which shows land transactions between national housing construction limited and Katanga, Molly and the daughters, among others).

Ruranga: No.

Kabega: You can confirm from the documents that the deceased had many properties together with his wife.

Ruranga: I can confirm and my name does not appear in any of the transactions.

Judge: Are you an imposter?

Ruranga: Not true my lord.

Muwaganya: You have been asked that by the defence lawyer (Kabega) in respect of the letter with three names and you say you are an advocate. Which name appears on the roll of advocates?

Ruranga: Ronald Mugabe.

Muwaganya: Kabega also asked you in details as to whether you carried documents you executed as a lawyer for Katanga. Where are the documents?

Ruranga: They are in my office.

Muwaganya: You have also been confronted with a number of land transaction documents and asked why your signature does not appear. Were you the only lawyer representing Katanga?

Ruranga: No

Judge: The case is adjourned to August 20, 2024, for further hearing.

Katanga wanted to draft will two days before death — lawyer

New Vision brings you what transpired in court verbatim. Immediately after the judge entered the courtroom, the clerk read out the case file and the accused entered the dock.

The late businessman Henry Katanga and his wife Molly Katanga who is accused of killing him. (Courtesy photo)

By Barbra Kabahumuza and Michael Odeng

Journalists @New Vision