Molly Katanga’s bail ruling for today

By Michael Odeng

KAMPALA - The High Court is today  (February 21, 2025) expected to rule on the bail application filed by Molly Katanga, after two previous rejections.

Molly, 56, is accused of killing her husband, businessman Henry Katanga, an offence she has denied.

She is facing trial alongside her daughters: Patricia Kakwanza and Martha Nkwanzi, as well as domestic worker George Amanyire and nursing officer Charles Otai. Molly’s co-accused are battling charges of destroying evidence and being accessories to the murder.

Justice Rosette Comfort Kania of the Criminal Division of the High Court in Kampala is expected to deliver the ruling.

The defence team is being represented by Peter Kabatsi, MacDosman Kabega, Elison Karuhanga, Jet Tumwebaze and Bruce Musinguzi while the state by Assistant Director of Public Prosecutions Samali Wakooli and Chief State Attorneys; Jonathan Muwaganya and Anna Kiiza.

During the hearing of the bail application last week, Kabatsi requested the court to release Molly on bail, arguing that she will not interfere with witnesses, since the trial is now at an advanced stage.

“Molly remains entitled to the presumption of innocence and bail should be granted to her because the trial has reached an advanced stage, with 10 witnesses testifying,” he stated.

Kabatsi submitted that Molly poses no flight risk due to her deep roots in Uganda, where she has a permanent residence at Mbuya in Kampala.

“My lord, is Molly expected to flee? What incentive does she have to abandon her co-accused children, her business and her future, to live as a fugitive?” Kabatsi asked rhetorically, concluding, “There is none!”

Defence lawyer Karuhanga submitted that the applicant has satisfied all legal requirements for bail and that her continued detention serves no legitimate purpose other than to undermine the constitutional safeguards afforded to every accused person.

“The right to liberty cannot be surrendered to prosecutorial convenience,” he argued.

He also submitted that the Uganda Prisons Service has acknowledged its inability to provide Molly with adequate medical care.

“Molly has undergone multiple surgeries and remains in a deteriorating state. She is frequently ill to attend court and struggles to follow proceedings even on zoom,” Karuhanga stated.

The court heard that Molly suffers from hypertension, vertigo, tissue injury and fibrocystic breast disease with a cystic mass.

He argued that Molly and her co-accused’s trial has been plagued by delays, with prosecution withholding disclosure, and repeated adjournments, since November 2024, due to the judge’s [Isaac Muwata] indisposition.

The defence lawyers also presented to court three sureties for Molly. They are Maj. Gen. (rtd) Emmanuel Burundi, Dr John Patrick Kabayo and Geoffrey Kamuntu.

“For over a year, this woman has endured the weight of accusation, the hardship of imprisonment, and the indifference of the prosecution. Enough is enough,” Karuhanga stated.

Meanwhile, state prosecutor Muwaganya asked the court not to release Molly on bail, arguing that the bail application is premised on the same grounds as the past applications, with no new grounds presented.

He also asked the court to reject Molly’s sureties on the grounds that they are not substantial.

Background

Henry Katanga, a renowned businessman, succumbed to a gunshot wound he sustained on his head on November 2, 2023, at their residence along Mbuya Chwa II Road in Kampala.

On the same day, Molly Katanga was admitted to C-Care IHK (formerly International Hospital Kampala) with multiple fractures on her upper limbs, various head injuries and in a state of hypovolemic shock, according to a report issued by specialists appointed by the health ministry.

Hypovolemic shock is an emergency condition in which severe blood or other fluid loss makes the heart unable to pump enough blood to the body.

The indictment reveals that on November 1, 2023, Katanga and Molly had dinner together and then retired to their bedroom.

However, the following morning, a house help (Amanyire) heard a strange noise emanating from the couple's bedroom and immediately alerted the other people at home.

It is said that the workers moved closer to the bedroom to ascertain what could be happening and that they allegedly heard a struggle inside the bedroom which they suspected could have been a fight.

According to the indictment, Katanga succumbed to gunshot injuries discharged by his pistol number UG1622200061CZ99 compact.