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Katanga murder: Lawyers 'shocked' over delayed bail hearing
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 lawyers on Monday told the High Court presided over by Justice Isaac Muwata, that the state attorneys have continuously sought adjournments of the hearing of the bail application just to frustrate their clients’ right to bail.
The lawyers representing four of the suspects in the murder case of Kampala businessman Henry Katanga have decried delays in hearing the bail application for their clients.
The lawyers on Monday told the High Court presided over by Justice Isaac Muwata, that the state attorneys have continuously sought adjournments of the hearing of the bail application just to frustrate their clients’ right to bail.
“We are shocked but not surprised, if this application is not allowed, it will be the 10th time the DPP is frustrating this bail application. Seven times before the Magistrates Court and three times in the High Court. This is clearly in bad faith, aimed at keeping the accused persons in jail,” Mr Jet John Tumwebaze complained.
Court further heard that the bail application served to the DPP on January 17, is the same hence no need to seek an adjournment by the DPP.
The complaint followed the inability of Ms Samali Wakoli, the Assistant DPP, to respond to the bail applications of the accused persons and instead thought an adjournment.
“This application was fixed for hearing today, however as the respondents (DPP), we were unable to file a response based on the poor quality of the documents that were served to us. I would like to draw reference to the documents that were given to us and I will start with the application of the third applicant, the documents are very ineligible and the pictures are blurred so we cannot read the names properly,” Ms Wakoli submitted.
Martha Nkwanzi (pictured) was on January 10, 2024 afternoon produced before court following a warrant of arrest issued by the chief magistrate, Erias Kakooza early this week. PHOTO/ ABUBAKER LUBOWA
She added: “Also with the sureties, you can’t see particulars of the national identity card very well. Under Rule 5, we are required to verify the documents and give a valid defence.”
Another officer from the DPP’s office, Mr Jonathan Muwaganya, argued that it is only fair that the defence counsel serves them with clear bail documentation, which should be verified under Rule 15 of the bail guidelines.
He added that their seeking for an adjournment to have the same documents verified is not being done in bad faith as claimed by the defence counsel.
Katanga died on November 2 following an alleged fight with his wife Molly Katanga in their bedroom at their matrimonial home in Mbuya, Kampala.
It is the prosecution’s case that on November 2, 2023, at Mbuya Chwa 2 Road, Nakawa Division, with malice aforethought, Ms Molly killed her husband, Henry Katanga.
Ms Katanga is charged alongside her two daughters; Ms Patricia Kakwanza and Ms Martha Nkwanzi. The two daughters face a lesser charge of destroying evidence.
Police officers and prison wardens wheel deceased businessman, Henry Katanga's widow, Molly Katanga into the court room at Nakawa Chief Magistrate's Court in Kampala on January 24, 2024. PHOTO/ ABUBAKER LUBOWA
The other suspects are Mr Charles Otai, a medic and Mr George Amanyire, a house help who both also face a lesser charge of being an accessory after the fact of murder.
Ms Katanga has not applied for bail yet but her four co-accuse have.
The reason that Ms Nkwanzi advances in her bail application is that she is a lactating mother and that the young baby whom she bore, two days before the commencement of the court process last November, needs her motherly care.
After the accusations and counter-accusations from the defence and the DPP sides, the court allowed the process of identifying three sureties for each of the accused persons to go on in the meantime.
The matter will resume on February 12 since all the judges will be away for next week for the annual judges’ conference.
