New Judge, Same Story as Court Delays Katanga Bail Decision

New Judge, Same Story as Court Delays Katanga Bail Decision
Ms Katanga in court | Francis Isano

Justice Rosette Comfort Kania, who recently took over the case after Justice Isaac Muwata took sick leave, did not make a ruling on the application, with the prosecution arguing that Katanga had not fulfilled a key bail requirement.

The High Court in Kampala has once again postponed its ruling on the bail application of Molly Katanga, marking the third delay in her bid for temporary release.

Despite high expectations from her legal team, the court deferred its decision to February 21, 2025, citing insufficient medical evidence.

Justice Rosette Comfort Kania, who recently took over the case after Justice Isaac Muwata took sick leave, did not make a ruling on the application.

Katanga's defense team, comprising veteran lawyers Peter Kabatsi, MacDosman Kabega, Elison Karuhanga, and Bruce Musinguzi, presented a medical report from Mulago Hospital stating that Katanga was unwell and required specialized care unavailable in prison.

" The applicant has satisfied all legal requirements for bail. 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,” Defence lawyer Elison Karuhanga argued.

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

“Molly’s condition has worsened and she remains untreated,” Karuhanga stated.

On February 12, 2024, the health ministry's health services director issued a medical report detailing Molly Katanga's condition, including tissue injury and fibrocystic breast disease with a cystic mass, which the lawyers said had worsened due to Molly’s incarceration at Luzira Prison.

Kabatsi argued that Molly, a businesswoman, poses no flight risk due to her deep roots in Uganda, where she has established her home and livelihood.

“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!”

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

Ms Katanga, along with her daughters Patricia Kakwenza and Martha Nkwanzi, as well as domestic worker George Amanyire and nursing officer Charles Otai, are facing charges related to the November 2, 2023 death of businessman Henry Katanga.

Mr Katanga's body was found in the family's bedroom in Mbuya alongside unresponsive and badly wounded Molly.

She was charged with the murder even though she was herself gravely injured. Her co-accused are answering for destroying evidence and aiding the murder of Henry Katanga.

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