KAMPALA – The High Court in Kampala is set to deliver its ruling on Molly Katanga’s bail application today Friday, February 21, 2025.
Molly, through her legal team from Kampala Associated Advocates and Tumusiime, Kabega & Company Advocates led by Peter Kabatsi, on February 14, 2025, presented the bail application before Justice Rosette Comfort Kania of the Criminal Division of the High Court.
Her lawyers argued that she remains entitled to the presumption of innocence and that bail should be granted since 10 witnesses have already testified, reducing the likelihood of her interfering with the prosecution’s case.
They further contended that Molly has met all legal requirements for bail and that her continued detention serves no legitimate purpose other than to undermine constitutional safeguards, including the right to liberty.
This is Ms Katanga’s third bail application; her two previous attempts were unsuccessful before another judge.
In her latest application, Ms Katanga cites grave illness, including continued hypertension, vertigo, multiple breast masses, and her a age of 56 as grounds for her release. She also argues that she is not a flight risk, having substantial sureties, including a minister, and will not abscond court.
“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.
“The presumption of innocence is not a mere courtesy; it is the cornerstone of justice. If pretrial detention is allowed to stretch indefinitely, it ceases to be restrained and becomes punishment without a verdict,” the application further states.
Ms Katanga argues that the court should not be bound by errors from prior rulings that deviated from the Supreme Court’s position. She contends that denying her bail, given her failing health and the stalled trial, would be imprisoning her not for what she has done, but for how long she has waited.
Kabatsi emphasized that Molly poses no flight risk, as she would not abandon her co-accused daughters and has deep ties to Uganda, where she is a well-established businesswoman.
To support her application, Molly presented retired Maj. Gen. Emmanuel Burundi, Dr. John Patrick Kabayo, and Geoffrey Kamuntu as her sureties – the same individuals proposed in her previous two unsuccessful applications.
However, the prosecution, led by Assistant Director of Public Prosecutions (DPP) Samalie Wakooli and Chief State Attorney Jonathan Muwaganya, opposed the application, arguing that it is based on the same grounds that have already been rejected twice.
They asserted that no new circumstances warrant reconsideration.
Defense counsel Elison Karuhanga responded forcefully, challenging the prosecution’s dismissal of Katanga’s medical condition. He argued that Muwaganya had failed to provide any proof that Dr. Kisambu was unqualified to conduct medical reviews or that his report lacked credibility.
“My learned friend rushed into saying the medical reports are the same and, without evidence, claimed the Commissioner of Health Services at Luzira is junior to Mulago consultants. Even if that were true, it only strengthens our case for bail, as it proves that no senior doctors are available in prison to treat the defendant,” Karuhanga countered.
Directing the judge to Annex 2 of the defense’s submission, he pointed out a critical discrepancy in the prosecution’s argument. The February 2024 Mulago report described a single cystic mass in Katanga’s left breast, whereas Dr. Kisambu’s examination later identified multiple fibroid masses in the same breast.
Karuhanga asserted that this new finding constituted a change in medical circumstances, warranting bail.
On the issue of the sureties, Karuhanga dismissed the prosecution’s concerns as irrelevant, stating: “This court is not reviewing the suitability of the LC officials; it is reviewing the suitability of the sureties.”
Holding up the contested documents, he directly addressed the objections raised about John Patrick Kabayo: “The prosecution argues that his recommendation letter says exactly the same thing as the previous one. That is because the information remains true – he has lived in the area since the 1960s, owns 200 acres of land, was an area MP, and is widely regarded in his community. While his face may look 78, his body looks 48. The court cannot reject him as a surety on these flimsy objections.”
Regarding Maj. Gen. Emmanuel Nyamunwanisa, Karuhanga dismissed prosecution concerns over inconsistencies in the LC letter, pointing out that the affidavit in support of his surety status remained unchallenged.
“The affidavit shows that Maj. Gen. Emmanuel Nyamunwanisa, apart from being the applicant’s relative, is a retired two-star UPDF general, a former diplomat, and her immediate next-door neighbor in Mbuya. His suitability as a surety does not depend on the LC chairman, who seems unaware that there is no chief magistrate in the High Court.”
Senior defense lawyer McDosman Kabega urged the court to respect the foundational principles of justice, including the presumption of innocence and the right to a fair trial, asserting that Katanga posed no risk to society and should be allowed to conduct her defense from the comfort of her home.
Katanga, along with her daughters Patricia and Martha, and two domestic workers, George Amanyire and Charles Otai, face charges related to the killing of Henry Katanga on November 2, 2023, at their family residence in Mbuya, Chwa road.
Molly is charged with murder, while her daughters are accused of tampering with crucial evidence. The two household employees stand accused of being accessories after the fact.
Molly Katanga’s defense has countered these allegations by asserting that she was a victim of domestic violence on the night of her husband’s death. They argue that forensic evidence presented in court shows that most of the blood found at the crime scene belonged to Molly, indicating she had sustained severe injuries.
Her legal team has also contested the credibility of the prosecution’s 10 witnesses, questioning inconsistencies in their statements and the handling of evidence.
The case is being prosecuted by Assistant Director of Public Prosecutions (DPP) Samali Wakooli and Chief State Attorney Jonathan Muwanganya.
Molly Katanga’s defense team includes Peter Kabatsi, Elison Karuhanga, and Jet Tumwebaze from Kampala Associated Advocates, alongside McDusman Kabega from Tumusiime Company Advocates.
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