Molly Katanga denied bail for third time amid legal controversy

Kampala, Uganda | THE INDEPENDENT | The High Court in Kampala has denied businesswoman Molly Katanga bail for the third time. Despite her legal team’s arguments that her health is deteriorating and that she remains, in law, an unconvicted citizen, Justice Rosette Comfort Kania ruled on Thursday that the seriousness of the murder charge against her outweighed any personal circumstances.

Katanga, a prominent businesswoman, has been held in Luzira Prison since her arrest in connection with the November 2023 death of her husband, Henry Katanga. He succumbed to a gunshot wound to the head in their marital home, where Molly was later found severely injured and unconscious.

Since her arrest, her lawyers have argued that incarceration has worsened her health. They emphasized that prison facilities lack the capacity to provide specialized care, urging the court to invoke Section 74 of the Prisons Act, which permits external medical treatment for inmates.

“Her right to liberty cannot be surrendered to prosecutorial convenience,” defense lawyers argued during the bail hearing, criticizing the court for failing to explore alternatives to detention. “The Prisons Service itself admits it cannot treat her. Why must she suffer untreated when the law allows her to access care outside?”

Justice Kania’s decision focused on legal precedents prioritizing the seriousness of capital offenses over factors such as age or family responsibilities. In her ruling, she cited the Supreme Court precedent of John Muhanguzi Kashaka (2023), which emphasized the gravity of capital offenses over mitigating factors. However, while Kashaka was a convict, Katanga remains an unconvicted accused.

The ruling marks a stark departure from previous bail jurisprudence, raising concerns about its implications for the presumption of innocence and the right to medical care. It also appears inconsistent with the court’s own assessment that Katanga poses no flight risk, given her substantial sureties, deep community ties, and lack of a prior criminal record.

The decision follows months of procedural delays, fueling speculation that judicial discretion may have been influenced by external pressures. This comes at a time when President Yoweri Museveni has protested court decisions granting bail to murder suspects.

Since January 2024, Katanga has endured prolonged incarceration without a verdict. Her co-accused, including her two daughters, a domestic worker, and a nurse, were granted bail in 2024.

With ten witnesses having testified, the trial is set to resume in March 2025.