Katanga murder: Court orders daughter’s arrest, extends widow’s criminal summons
The daughter of killed Henry Katanga, Patricia Kakwanza (R) alongside Dr Charles Otai (centre) and George Amanyire (L) who are suspects in the murder of the Kampala businessman Henry Katanga, appear in Nakawa Chief Magistrate Court in Kampala on January 8, 2024. PHOTO/ABUBAKER LUBOWA
What you need to know:
- The chief magistrate also extended criminal summons against the widow, Molly Katanga, who's said to be recuperating from a fifth medical operation
- Meanwhile, the High Court has called for the casefile after the Director of Public Prosecutions (DPP) complained about the manner in which the chief magistrate is handling the case.
Nakawa Chief Magistrate’s Court has ordered for the arrest of slain city businessman, Henry Katanga’s daughter, Martha Nkwanzi who is one of the people implicated in his alleged murder.
The presiding chief magistrate, Erias Kakooza also extended criminal summons against the widow, Molly Katanga, who's said to be recuperating from a fifth medical operation.
This was after the defence lawyers, MacDusman Kabega, Jet Tumwebaze and Bruce Musinguzi told Mr Kakooza on Monday that Molly, who is the key suspect in her husband’s death could not attend court because she's still unwell. They said she had undergone another surgery and therefore, unable to stand in the dock for trial as had been earlier ordered by the court.
However, quoting Section 55 of the Magistrates Courts Act (MCA), the state attorneys; Jonathan Muwaganya and Anna Kiiza, asked the presiding magistrate to issue a warrant of arrest arguing that Molly and Nkwanzi had not responded to court summons issued earlier.
“It is clear that she (Nkwanzi) is somewhere at home and not hospitalized. The [medical] report that is being based on [by the defence lawyers] is dated 28 November 2023,” Mr Muwaganya argued.
“I have heard from both counsel criminal summons can be extended for the widow because she is still hospitalised. For Martha Nkwanzi, she is an outpatient and cannot appear to want to attend court at her convenience. An arrest warrant issued in respect of her,” Mr Kakooza ordered before adjourning the case January 22 for mention.
Meanwhile, the High Court has called for the casefile after the Director of Public Prosecutions (DPP) complained about the manner in which the chief magistrate is handling the case.
This was after the magistrate fixed a date to hear a bail application for the three jailed suspects yet, according to the DPP, their charges stem from a capital offence whose bail hearing can only be entertained by the High Court.
Relatives of the deceased city businessman, Henry Katanga react in the courtroom after the defence lawyers told the presiding magistrate at Nakawa Chief Magistrate's Court, Erias Kakooza, that the widow, Ms Molly Katanga, who is one of the suspects in his death could not attend court because she's still unwell.
The suspects currently on remand include one of Katanga’s daughters, Patricia Kakwanza, Dr Charles Otai and George Amanyire, a domestic worker at the deceased’s home.
Katanga died on November 2, 2023 following an alleged fight with his wife in the bedroom. His body was later found by police placed on a small mattress in a living room.
The state alleges that on November 2 at Mbuya, Chwa 2, in Nakawa Division, with malice aforethought, Molly killed her husband.
The state further alleges that on November 2, Martha Nkwanzi and Patricia Kakwanza, knowing that things at the scene of crime may be required in evidence in a judicial proceeding, removed or destroyed them or rendered them illegible or undecipherable or incapable of identification. Prosecution claims that the duo had the intention to prevent them from being used in evidence.
The state further states Dr Otai and Amanyire received or assisted other people who were to their knowledge liable of an offense, in order to enable them escape punishment.
No bail application
The court again turned down the hearing of the bail application by the trio suspects on remand.
Magistrate Kakooza reasoned that their file has since been sent to the High Court for revision after the office of the DPP filed an application, challenging the jurisdiction of the court to entertain the plea taking of suspects on a charge sheet that has a capital offense of murder.
“The action of the learned Chief Magistrate , Nakawa of taking plea of the 2nd, 4th and 5th respondents for the offenses of destroying evidence and accessory after the fact of murder on a charge sheet with a count of murder was incorrect, illegal, improper, and irregular,” reads in part the criminal revision application now pending before the High Court.
“The learned Chief Magistrate had no jurisdiction to take plea of the respondents on a charge sheet where there is a count of a capital offense of murder which is only triable by the High Court,” the criminal revision further read.
Prosecution alleges that on November 2, 2023 at Mbuya, Chwa 2, in Nakawa Division, with Malice aforethought, Molly killed her husband.
Katanga, a wealthy businessman died on November 2, last year following an alleged fight with his wife in the bedroom.
His body was later found by police placed on a small mattress in a living room.
