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Kampala, Uganda | THE INDEPENDENT | Molly Katanga, the widow of slain businessman Henry Katanga, has lost her second bid to secure release on bail. The 55-year-old, who suffers from nasal sinusitis, vertigo (a condition often described as dizziness), breast masses, and hypertension, has been remanded as she awaits trial for the alleged murder of her husband.
Henry Katanga was found dead in their marital bedroom in Mbuya, a Kampala suburb, last November. Beside his dead body was his wife, Molly, reportedly unconscious.
High Court Judge Isaac Muwata declined to grant Molly Katanga bail, reasoning that she is charged with murder and presented the same medical conditions in her first application.
“There must be a change in fact or situation; without it, the accused would only be seeking a review. The case is ready for hearing. I find that the application cannot be granted and is dismissed on grounds that the circumstances have not changed since the first bail application,” Justice Muwata ruled.
However, Judge Muwata’s decision immediately drew significant criticism from some in the precints of the court, and from critics. Critics argued that the judge displayed a lack of compassion and understanding of the severe medical conditions Molly faces. Despite detailed medical reports and recommendations from multiple specialists, they were of the view that Judge Muwata appeared to disregard the gravity of her health issues.
Details of bail request
According to submissions in court, Molly had revealed that on February 8, 2024, following a request from her lawyers to be examined to determine whether her condition warranted her staying in prison, she was examined by a team of three specialist doctors from Mulago National Referral Hospital in the presence of the resident doctor of Murchison Bay Hospital.
“The physical examination of the applicant revealed that she had one cystic mass in her left breast upper outer quadrant and she was diagnosed with five other medical conditions: post-traumatic stress disorder, hypertension, vertigo, resolving tissue injury, and breast fibrocystic disease,” reads the application.
A follow-up medical evaluation was conducted on April 12 by the medical officers of Luzira Women’s Prison and revealed that she had not received the treatment as recommended in the treatment plan from Mulago National Referral Hospital.
Molly further noted that the doctors from Mulago recommended that she receive trauma-focused cognitive behavioral therapy, continue with anti-hypertensive and BP monitoring, follow up with an ENT surgeon for paranasal sinusitis and vertigo, and monitor her breast symptoms.
Despite these compelling medical testimonies, Judge Muwata dismissed the application, ignoring the substantive health concerns. This has raised questions about the fairness and humanity of the judicial process, especially in cases involving severe health issues.
Molly is jointly charged with her daughters, Ms. Patricia Kakwenza and Martha Nkwanzi, as well as the medical doctor who first responded to the murder scene, Charles Otai, and a domestic worker at the Katanga residence, George Amanyire, who also face murder charges.
Who is Judge Muwata?
At the time of his appointment as the High Court judge, Muwata was the Registrar of Research and Training at the Judicial Training Institute in Nakawa, a training arm of the Judiciary.
Previously, he acted as the Chief Registrar at the Courts of Judicature, after the then substantive Chief Registrar Paul Gadenya was appointed a High Court judge. He held the acting position for about six months. Before the appointment to High Court, Muwata was a career judicial officer who had been at the rank of registrar for a very long time.
