By This latest denial marks the third rejection of Katanga’s bail applications, all of which have been submitted on medical grounds. Her legal counsel, drawn from Kampala Associated Advocates and Tumusiime, Kabega & Company Advocates, argued that the Uganda Prisons Service was incapable of providing the necessary medical care.
Ms. Katanga, aged 56, cited chronic ailments such as persistent hypertension, vertigo, and multiple breast masses as reasons for her release. She also asserted that she was not a flight risk and had reliable sureties, including a serving minister.
“The applicant’s (Molly’s) health has worsened; she has undergone multiple surgeries and remains deteriorating. Uganda Prisons Service itself has admitted its incapacity to manage her condition. She is frequently too ill to attend court and struggles to follow proceedings even on Zoom,” her application reads in part.
Her counsel further argued that the presumption of innocence should protect her from prolonged pretrial detention, describing it as “punishment without a verdict.” They also contended that the court should not be bound by earlier rulings that diverged from Supreme Court precedent.
Ms. Katanga maintained that withholding bail, given her deteriorating health and the stalled proceedings, effectively punishes her for the length of her detention rather than any proven wrongdoing.
In her ruling, however, Justice Kania stated that the severity of the accusation took precedence over Katanga’s health concerns. She acknowledged that Katanga’s advanced age, first-time offender status, and role as the primary breadwinner were factors in her favor but concluded they were outweighed by the seriousness of the charges.
“In cases where an applicant is charged with capital offences, the court must consider the overarching consideration of the gravity of the accusation,” Justice Kania ruled. “The court must consider all the circumstances and determine whether it is in the interest of justice to grant bail.”
Retired Maj. Gen. Emmanuel Burundi, Dr. John Patrick Kabayo, and Geoffrey Kamuntu stood as Katanga’s sureties during the hearing.
Katanga, together with her daughters Patricia and Martha, as well as two domestic employees, George Amanyire and Charles Otai, is accused of involvement in the killing of Henry Katanga on November 2, 2023, at their residence on Mbuya, Chwa Road. She faces a murder charge, while her daughters stand accused of interfering with critical evidence. The two household workers are charged as accessories after the fact.
Katanga’s defense maintains that she was subjected to domestic violence on the night of her husband’s death. They assert that forensic evidence presented in court showed that most of the blood at the scene belonged to Molly, indicating severe injuries on her part. They have also questioned the credibility of the prosecution’s 10 witnesses, citing inconsistencies in their accounts and the manner in which evidence was handled.
The prosecution team, led by Assistant Director of Public Prosecutions (DPP) Samali Wakooli and Chief State Attorney Jonathan Muwanganya, will face a defense featuring Peter Kabatsi, Elison Karuhanga, and Jet Tumwebaze from Kampala Associated Advocates, alongside McDusman Kabega from Tumusiime, Kabega & Company Advocates.
