Mother's trauma amplified as bail denial marks 10th delay in Katanga Murder Case 

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Mother's trauma amplified as bail denial marks 10th delay in Katanga Murder Case 
Martha Nkwanzi ( front).

The ongoing Henry Katanga murder case has cast a spotlight on the plight of Martha Nkwanzi Katanga, a new mother battling postpartum trauma while facing repeated bail denials. Detained alongside her sister Patricia Kakwanza for alleged evidence tampering, Nkwanzi's situation in Luzira Prison raises urgent questions about justice and due process.

This morning marked the 10th failed attempt to secure bail for Nkwanzi and other suspects, as their application lodged at the Criminal Division of the High Court was yet again stalled. The Office of the Director of Public Prosecutions (DPP) cited the need for further time, extending the agonizing wait for the accused.

Nkwanzi's case stands out due to its unique complexities. A one-month-old baby's cries echo in the stark contrast of her prison cell, highlighting the emotional toll of her circumstances. Struggling with postpartum trauma while entangled in a legal battle, Nkwanzi's well-being demands immediate attention.

Her lawyers, led by Jet Tumwebaze and Macdusman Kabega, have expressed mounting frustration with the DPP's persistent delay tactics. "The repeated denial of bail for Martha Nkwanzi, especially considering her condition as a new mother and her medical struggles, is a grave injustice," stated Lawyer Kabega. "Her situation demands urgent attention, and we implore the court to prioritize her health and motherhood in its considerations."

The DPP's office, helmed by Jonathan Muwaganya and Samalie Wakooli, has countered bail applications with requests for additional time to scrutinize sureties and documentation. Despite possessing the necessary documents since January 10th, 2024, the prosecution continues to seek adjournments, claiming they need to respond to the applicants' submissions.

Among the sureties taken by the court are, the State House director of Manifesto Implementation, Willis Bashaasha, the husband to Martha Katanga, Zaakye Kyamanianga, businessman Herbert Kamugisha and several others.

This pattern of delay isn't new. In January, the DPP surprisingly declined an opportunity to argue the case when the defense was ready to concede, citing the absence of their lead attorney. Katanga's lawyers interpreted this move as a deliberate attempt to obstruct the bail process.

On January 16th, drama unfolded in the High Court when the DPP, led by Jonathan Muwaganya, surprisingly declined to argue the Katanga murder case despite the lawyers conceding and offering to proceed. Citing the absence of their lead attorney, Samalie Wakholi, who was reportedly in another court, the move baffled the court and further fueled accusations of deliberate delay tactics.

Lawyer Mac Dusman Kabega has consistently emphasized the injustice of Nkwanzi's continued detention. "Remanding a mother who has just given birth would be a grave injustice not only to her but also to her newborn baby," he stated. "We implore the court to grant her release on bail, as provided for under Section 65 of the Magistrate's Court Act."

Nkwanzi's case transcends the specifics of the Katanga murder investigation. It raises crucial questions about the justice system's sensitivity to vulnerable individuals and the potential consequences of prolonged pre-trial detention. As the court prepares for its next hearing, the hope remains that Nkwanzi's situation will be reassessed with due consideration for her unique circumstances and the well-being of her newborn child.

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