By THE INDEPENDENT UG
Kampala, Uganda | THE INDEPENDET | Four suspects implicated in the murder case of Kampala businessman Henry Katanga which took place two months have asked the High Court to release them on bail.
The suspects who include Katanga’s two daughters Martha Katanga Nkwanzi and Patricia Kankwanzi are jointly charged with their mother Molly Katanga who is reportedly admitted with injuries allegedly sustained during the incident. Molly faces charges of murder which are capital in nature while her daughters are facing charges of destroying evidence in their father’s death.
The three are further indicted alongside the family’s Shamba boy George Amanyire and a medical practitioner Charles Otai. Both are charged with being an accessory after the commission of murder when they allegedly assisted the widow and her two daughters to escape punishment yet they knew the trio were liable for an offense.
Through their lawyers from Kampala Associated Advocates, the accused persons contend that on January 8th 2024, their bail application came up for hearing before the Chief Magistrate at Nakawa Court which refused to entertain the bail application.
They say they are entitled to the constitutional presumption of innocence.
According to the accused persons, during their arraignment, the Prosecution informed court that investigations into the matter were still ongoing and they were remanded to Luzira Prison after court declined to hear their respective applications for bail.
The applicants say they have substantial sureties to ensure their attendance of court at all material times whenever required and to comply with bail terms as shall be set by Court. They say it is their first time to be charged and they have never been convicted of any criminal offense.
“The applicants are innocent it the charges preferred against them and it is their strong desire to prove it at the trial whenever it commences,” reads the application.
They note that they have fixed places of within the jurisdiction of the High Court and that they shall not interfere with the investigations into the pending criminal case once released in bail. They shall not abscond from the trial once granted bail.
In one of the accompanying affidavits, Kankwanzi says she has been cooperative with police and is a family woman married to Wilson Mwine Mukulu.
She adds that she is suffering from fluctuating severe hypertension heart disease, chronic clinical gastric conditions with upper GIT bleeding tendencies and obesity which require her to have regular access to specialized medical treatment and monitoring. According to Kankwanzi she has no access to the required type of medical attention at Luzira Prison women’s wing where she is on remand.
She says she has substantial sureties including her husband, her mother in law, father in law, brother in law, a cousin and a family friend.
“It is in the interest of justice that I am released on bail to enable me receive ample medical care that I require , spend time with my grieving family, earn a living, have adequate time to prepare my defense and exercise my right to liberty and a fair hearing”, says Kankwanzi.
The matter came up on Wednesday for hearing before Criminal Division Judge Isaac Muwata. However, the Prosecution through Assistant Director of Public Prosecutions Samalie Wakooli and State Attorney Jonathan Muwaganya raised objections.
Their objections are contained in an affidavit of Ann Kiiza one of the Prosecutors in this case and she says the Prosecution filed a criminal revision application contesting the jurisdiction of the Chief Magistrate in taking plea and handling bail for the accused persons.
She says that the defense lawyers attempted to make an oral bail application for Nkwanzi but the court declined to hear the bail application and advised the applicants to wait for the outcome of the criminal revision.
The DPP says that the accused persons have filed multiple and simultaneous applications for the same people which is an abuse of court process, and the same should be put to an end. In his decision, the Judge has ruled that they should wait for the outcome of the criminal revision application on January 24th 2024.
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