The Independent Uganda: You get the Truth we Pay the Price
Kampala, Uganda | THE INDEPENDENT | Molly Katanga, who has been in custody for over a year on charges of murder, is once again seeking bail in the High Court in Kampala, after delays in her trial. Her legal team argues that her deteriorating health and the continued postponements of her trial warrant her release on bail, citing constitutional guarantees for liberty and a fair trial.
The murder case, initially overseen by Judge Isaac Muwata, has faced numerous adjournments due to witness unavailability and other procedural issues. After Muwata’s medical leave, the case was reassigned to Lady Justice Rosette Comfort Kania.
However, the trial has come to a standstill since November 2024, with no definitive date set for its resumption. Katanga’s health, already fragile from multiple surgeries, continues to worsen, with the Uganda Prisons Service acknowledging its inability to provide the necessary medical care.
Her legal counsel, from Kampala Associates Advocates and Tumusiime, Kabega and Co. Advocates, has repeatedly emphasized the urgency of her condition. They contend that her prolonged detention without trial is a violation of her constitutional rights.
“Justice delayed is justice denied,” the defense team stated.
“Every additional day spent in custody, particularly when one’s health is in critical decline, compounds the injustice.”
Ms Katanga, who was charged while bedridden at C-Care IHK Hospital after undergoing five major surgeries, has faced difficulties in attending court hearings.
Her condition, which includes hypertension, vertigo, and post-traumatic stress disorder (PTSD), has left her too weak to sit through court proceedings, and she often misses hearings altogether.
Despite being granted bail twice in the past, her applications were rejected—once due to a lack of a certified medical report and again due to assurances that the trial was imminent.
The Prisons Service, which initially declared its inability to treat her medical conditions, has since confirmed that Katanga requires specialized care beyond what it can offer.
On multiple occasions, specialists from Mulago Hospital and Murchison Bay Hospital have examined Katanga, and their reports have consistently recommended urgent treatment for her health issues, including monitoring a cystic mass in her breast and trauma therapy.
Her lawyers argue that Katanga’s continued detention under such dire circumstances amounts to punishment without a verdict.
They assert that her health condition, combined with the indefinite delay in her trial, constitutes exceptional circumstances under Ugandan law, making her eligible for bail.
“To deny her bail now, with her health failing and her trial in limbo, would be to imprison her not for what she has done, but for how long she has waited,” her defense stated.
This is Katanga’s third attempt at securing bail. Despite the prior rejections, her legal team stresses that each application should be considered on its individual merits.
The defense points to the fact that the trial has faced substantial delays and that a change in judges further complicates the situation.
Lady Justice Kania, the newly assigned judge, must review the testimonies of ten prosecution witnesses before proceeding, which could further delay the trial.
The defense team argues that the principle of presumption of innocence should not be overshadowed by the prolonged pretrial detention. “It is clear that justice delayed is not only justice denied; it is an affront to the principles of fairness and liberty,” they stated.
Katanga’s defense team also emphasizes that she is not a flight risk. She has lived in Uganda her entire life and has presented four distinguished sureties, including John Patrick Kaboyo, a respected businessman, and Major General Emmanuel Burundi Nyamunywanisa, a retired military officer.
These individuals, along with her other sureties, offer a strong guarantee that she will return to court if released.
The defense also highlights the financial strain Katanga’s imprisonment has caused on her businesses and employees, further underscoring the devastating personal and professional impact of her continued detention.
“My Lord, this case is not only about the Applicant—it is about the family left in disarray,” her lawyers stated. “Her 11-year-old son is waiting for the return of his mother, the only parent he has left.”
Katanga, a 56-year-old widow and mother of four, has lost her husband and is now separated from her young children. Her 11-year-old son, in particular, has suffered from the loss of both his father and the absence of his mother.
In their conclusion, Katanga’s legal team calls on the court to recognize the grave injustice that her continued detention represents.
“The law is not a hammer to break those who stand before it. It is a shield, protecting the weak and the strong alike, ensuring that no one is treated as guilty until the truth has been found,” they argued.
With her health deteriorating and the trial delayed indefinitely, Katanga’s defense urges the court to grant her bail, allowing her the chance to receive the medical treatment she urgently needs and to prepare for her defense in a fair trial.
“Justice is not about the speed of the process, but its fairness. And in this case, fairness demands that Molly Katanga be granted bail.”
