Katanga houseboy told me about domestic abuse - witness

At 10:22am, presiding Judge Isaac Muwata walks into the courtroom. The court clerk calls for the case file. Assistant DPP Samali Wakooli cites the legal representation for the prosecution and defence, both present.

Wakooli: We have a new witness and we are ready to proceed.

Judge: Are you also ready to proceed (the judge asks the defence side).

Peter Kabatsi (one of the lead defence lawyers): Yes, my lord.

The witness, Ms Naome Nyagweso, walks into the courtroom, heads to the witness dock and takes an oath.

Judge: What is your religion?

Witness: Christian.

Judge: This is PW (prosecution witness) what?

Chorus answer, PW9

A Ruyankole interpreter, Asiimwe Boas, is called in to interpret for the witness. He takes an oath.

Judge: Let's continue.

The court clerk guides the witness to take an oath.

Wakooli: Kindly repeat your names to the court.

Witness: Naome Nyagweso.

Wakooli: Where do you reside?

Witness: Bugolobi.

Wakooli: Ms Naome, how old are you?

Witness: 65 years old.

Wakooli: What do you do for a living?

Witness: I have a business in Bugolobi market and I am also an LC1 chairperson.

Wakooli: Do you know Mr Henry Katanga?

Witness: He is my younger brother.

Wakooli: Where is he?

Witness: He died.

Wakooli: Look at the screen (Ms Molly Katanga was appearing virtually from Luzira prison), who is that?

Witness: I know her as the wife of my late brother, Katanga.

Wakooli: I want you to look the other side, do you know A2 (Ms Patricia Kakwanza).

Witness: I know Patricia Kakwanza.

Wakooli: How did you come to know her?

Witness: I know Kakwanza as a daughter of James Ndahura Katanga.

Wakooli: Who is James Ndahura?

Witness: James was the seventh born of the nine children in our family.

Wakooli: Which family position was Henry?

Witness: Sixth born of that family.

Wakooli: And you?

Witness: Fifth. My father was called Zabroni Mutindi.

Wakooli: We will go to A3, (Martha Nkwanzi).

Witness: Martha is the second born of the late Katanga.

Wakooli: And A4, (Charles Otai)?

Witness: I don't know him.

Wakooli: A5, (George Amanyire)?

Witness: I know him.

Wakooli: How do you know him?

Witness: He worked at my place.

Wakooli: For how long?

Witness: Six years.

Wakooli: As?

Witness: House boy.

Wakooli: What happened to him?

Witness: I sent him to my brother to work for him since I had shifted to Bugolobi flats.

Wakooli: So you sent him to work for which brother of yours?

Witness: For Henry Katanga.

Wakooli: I also want you to clarify to us about your relationship.

Witness: We are brother and sister, born by one mother but our fathers were cousins.

Wakooli: As you grew up with the deceased, what kind of person was he?

Witness: Henry was a peaceful person, he didn't like issues of fighting.

Wakooli: I want to take you to the events of November 2, 2023 (The day Katanga was found dead in his bedroom). Where were you?

Witness: I was at home in Bugolobi. I was preparing to meet him (Katanga) at 10 am since we had an appointment.

Wakooli: What happened as you were preparing yourself?

Witness: Amanyire called on the phone. He said there was a scuffle in the upper bedroom of Katanga. So I asked him and he said they were fighting . The phone went off and I thought it was a network issue. So I called Patricia Kakwanza, asking what was happening at home. She told me she had not reached but she was on her way there.

Wakooli: So after speaking to Patricia, what next did you do?

Witness: I called Timothy Nyagweso, my son, and told him there was an issue at Katanga’s home.

Wakooli: What did you tell him to do?

Witness: I told him to call on Henry's phone for Martha (Nkwanzi) to find out what was going on.

Wakooli: What did he tell you?

Witness: He told me that he called Martha, who told him that Henry Katanga was still resting and that Timothy should call again at around 2 pm.

Wakooli: What happened thereafter?

Witness: George (house boy) called me back, saying Henry was dead and I asked him how he died. He responded that he didn't know. I then called Timothy Nyagweso such that we go together to Katanga’s residence

Wakooli: What happened after?

Witness: We went with Timothy to Mbuya at Katanga’s home and we found very many people, including police and the army. I also got Patricia, George Amanyire, and two other people, whom I didn't know.

Wakooli: While at home, what did you establish?

Witness: I wanted to go upstairs but I was stopped by security.

Wakooli: What happened thereafter?

Witness: As I was still trying to explain to them that this was my brother, another person came and said ‘leave this person, she is a sister of the deceased’. They then allowed me to proceed upstairs.

Wakooli: What happened?

Witness: I reached upstairs and found two senior security officers. I told them that I wanted to see Henry and they said they were still investigating. I knocked and a policewoman told me that no one was allowed to enter the room. I pleaded with her and they allowed me to enter but instructed me not to touch anything. I told them I wanted to see him and they removed the bedsheet. He was lying down on a small new mattress. After I saw his face, I moved back to the compound.

Wakooli: What did you see when they opened the bedsheet?

Witness: Henry was dead (she gets emotional, and shade tears).

Wakooli: We understand the pain you are going through, are you able to continue with the testimony?

Witness: Yes, yes, I'm strong, I can continue.

Wakooli: Where did you go after?

Witness: To the compound with my children, Timothy and the children of my late sister.

Wakooli: At that time, where was A5, (Amanyire George)?

Witness: At that time, he was in the house. We called him and asked him what happened. He said he didn't know what was happening but [he said he] heard them fighting as he washed the vehicle.

Wakooli: I want to know, after speaking to Amanyire, where else did you go?

Witness: I remained in the compound, and they took the body to the mortuary. We had followed the police vehicle. They later allowed us to get inside the mortuary and the body was laid on a bed. We wanted them to remove the bedsheet again and we see his entire body. They removed the bedsheets, he was only wearing a boxer.

Wakooli: When you left the mortuary, where did you go?

Witness: I went back to Bugolobi.

Wakooli: I want to take you to the events before your brother's death. When was the last time you met your brother?

Witness: The last time I saw him was after the wedding of Patricia. [We] met the following Monday.

Wakooli: Before Patricia's wedding, had you met him?

Witness: We had met like three times. He called me when I was in Mbarara and he said he wanted to meet me and the following day, I met him.

Wakooli: What did you discuss?

Witness: He told me that he wanted to discuss this in the presence of a lawyer. After two days, he called me early in the morning like at 8 am and he said he wanted to see me. He asked me where I was and I said I was in Bugolobi. He then suggested that we meet at Banana restaurant near my residence.

Wakooli: What did you discuss?

Witness: He came at Banana in a special hire. The driver had to come out such that we were the two of us. He told me ‘Molly is very dangerous. She is trailing me which is why I don't use my vehicle.’

Wakooli: Apart from him telling you Molly was trailing him, what else did he tell you?

Witness: That we shouldn't talk much on the phone because it's being tapped.

Wakooli: What else?

Witness: He spoke with fear and told me that we meet when the lawyer is also around. I asked him what the issue was because the last time we met, he talked about a will. He said he would tell me after the wedding when we meet with the lawyer.

Wakooli: What else transpired in that meeting?

Witness: After the wedding of Patricia on a Saturday, we met on Monday in his office on Nkurumah Road. When I entered, he closed the door. He said ‘Now people are many’ and l asked him what they wanted from him. He told me ‘It's Molly who wants to kill me. I have come so that I give you my things since the gang is big.’

Wakooli: Did he tell you why he wanted to give you his things?

Witness: He said Molly was looking for him. He said when he meets the lawyer on Thursday, that is when he was to tell me everything.

He pulled out documents and put them in a bag. He showed them to me, and we carried them to Nasser Road. He bought a safe. He placed those documents in there and called an Uber. We went together with the driver and reached my home in Bugolobi.

Wakooli: Apart from him telling you he was being trailed, what else did he tell you?

Witness: I asked him about the will, and he told me ‘If people hate me, they should not take my things.’

Wakooli: When you reached your home, what happened?

Witness: The driver took the safe upstairs, he (Katanga) pulled out Shs100,000 and gave it to me to buy a phone and another sim card and warned me not to call him again on my known line. After that, he went with the special hire.

Wakooli: Apart from the safe, what else did he leave you with?

Witness: Safe and money to buy a phone which I bought.

Wakooli: What happened next?

Witness: The following day, he called me and I also saw his new number.

Judge: His new number?

Witness: Yes my lord, he later called me but I was not using that number. When he called me on November 1, 2023, my phone was in the bag and I didn't hear it ring. Later he called me on my Airtel number at 6pm and told me that our appointment still stands for tomorrow at 10am, which was November 2, 2023.

Wakooli: What was this meeting about?

Witness: He was going to meet the lawyer and make a will.

Wakooli: What followed?

Witness: The bad news that Amanyire gave me after his phone call.

Wakooli: May you clarify for us, did the meeting take place?

Witness: No

Wakooli: Why?

Witness: It's the day he was killed.

Wakooli: About this case, did you record a statement?

Witness: Yes, my lord

Wakooli: My lord, that is all for this witness.

The defence team is expected to cross-examine Ms Nyagweso on Tuesday next week.