Human rights activist Anthony Natif recently posed a critical question: "If we indeed presume people innocent until we prove them guilty, why do we detain them for years in the name of pre-trial remand?"
The right to bail and the discretion of judges to grant it is increasingly becoming a contentious issue in Uganda.
With President Museveni opposing bail for certain suspects and courts often embroiled in controversy, frustration has been expressed across society.
The case of Molly Katanga, charged with the murder of her husband, Henry Katanga, who was found dead in their bedroom in November 2023, has drawn significant attention.
She has been denied bail three times, including the most recent ruling last week by a second judge in her trial, which has now dragged on for a year.
Mr. Natif argues that prolonged pre-trial detention amounts to punishment before conviction and undermines the presumption of innocence.
The principle of crediting time spent on remand toward a sentence may apply to those convicted, but it does nothing for those ultimately acquitted after enduring lengthy detentions.
Ms Katanga, who was found severely injured at the time of her husband's death, has faced multiple bail denials despite serious health concerns and her role as the sole breadwinner for her family.
The court heard that she suffered a broken skull, multiple fractures, and significant blood loss requiring urgent medical care.
The prison’s medical team has reportedly stated they cannot adequately treat her injuries, yet the High Court has refused her bail three times.
The handling of her case has fueled wider debate about Uganda’s criminal justice system.
Mr. Natif has contrasted her treatment with that of Hajj Ali Mwizera, accused of aggravated defilement, who was granted bail despite facing charges that carry the same maximum sentence as murder—death.
Natif noted that, like Ms Katanga, Mwizera had no fixed place of residence and was a family breadwinner, yet he was granted bail swiftly.
This discrepancy has sparked discussions about fairness and consistency in bail decisions.
Natif’s concerns have also ignited debate over gender dynamics in the justice system. Some argue that women face harsher pre-trial conditions than men, with Katanga’s case serving as an example.
Lawyer Claver Boniface has called for constitutional reforms to guarantee bail at the start of a trial, criticizing the broad discretion granted to judges, which he says has been "abused" and applied inconsistently.
Constitutional lawyer Julius Galisonga acknowledges the importance of judicial discretion but warns that its application, particularly in high-profile cases like Katanga’s, raises concerns about fairness.
"The Constitution, under Article 23(6)(a) and 28(3)(a), provides for the right to apply for bail but leaves the discretion to the presiding judge, who considers well-established conditions when making that decision," Galisonga stated.
Ms Katanga’s legal team, led by Macdusman Kabega and Elison Karuhanga, has repeatedly raised concerns over her deteriorating health.
Despite their arguments, Justice Rosette Kania of the High Court denied bail again, reasoning that medical treatment was available in prison.
She also cited the gravity of the murder charges as a factor in her decision.
Justice Kania emphasized the need to balance individual rights with the interests of justice, noting that several prosecution witnesses had already testified and that the trial was ongoing.
However, reports indicate that Katanga’s health continues to decline, and the prison's medical facilities remain inadequate to manage her condition.
Human rights lawyer Agather Atuhaire has criticized what she describes as inconsistencies in bail decisions.
She referenced cases such as those of the late Bob Kasango and former Kawempe North MP Muhammad Ssegirinya, where prolonged detention without adequate medical care led to severe health consequences.
"Judicial officers have abused this discretion. They grant bail to able-bodied people accused of capital offenses, where even preliminary investigations indicate a high likelihood of conviction, such as in the case of Mathew Kirabo, who was convicted of murdering his girlfriend Brenda Mirembe," Ms Atuahaire says.
"Meanwhile, they refuse bail to individuals with legitimate health concerns. Molly’s injuries are well-documented, and even the prison medical unit has admitted it cannot manage her condition."
Despite mounting public pressure and calls for reform, President Museveni remains firm in his stance against granting bail to capital offenders, urging the judiciary to be cautious in its decisions.
However, constitutional law expert Christopher Lubogo stresses the need for judicial independence, arguing that bail decisions should remain free from external influence.
"While the President’s concerns highlight the executive’s stance on maintaining public order and confidence in the justice system, the judiciary operates independently, guided by constitutional mandates and legal precedents," Lugogo says.
"This separation ensures that bail decisions remain within the purview of judicial officers."
Molly Katanga’s case has captured national attention, raising questions about the intersection of gender, health, and justice in Uganda.
As her trial continues, with the next hearing set for March 2025, legal and public debates over bail reform are likely to intensify.
For now, she remains in custody alongside her co-accused—her daughters Martha Nkwanzi and Patricia Kakwanzi, domestic helper George Amanyire, and nurse Charles Otai—awaiting their day in court on March 10, 2025.