The Independent Uganda: You get the Truth we Pay the Price
The Promise of a speedy trial hits its first roadblock as court doesn’t proceed as earlier scheduled.
COURT NOTES | VIA @TonyNatif | On February 21 2025, the High Court (Criminal Division) of Uganda sat and made a ruling denying Molly Katanga bail, despite finding that she was of advanced age, had substantial sureties, a fixed place of abode, had a number of health complications that prison authorities said they weren’t in position to manage etc.
It was the third time her bail application had been denied, by a court that relied on its discretionary powers to grant or deny bail.
In return, the Court said, as it had done in the past, that Molly Katanga and her four co-accused, including her two daughters, a long serving family help and a medical personnel, would get a speedy trial.
As is usually the case in Uganda’s Justice system, the promise of speedy trials and the reality of the same aren’t always in sync. Last year, the trial was delayed for months coz then presiding Judge, Isaac Muwata was indisposed. After serval adjournments, he didn’t return and a new Judge was appointed
Her name: Rosette Comfort Kania, daughter of Hon. Justice (Rtd) Augustine Kania.
She’s also been recently appointed Vice Chairperson of the Judicial Service Commission, deputizing Judge Douglas Singiza.
In a Feb/21 bail decision, Judge Kania said “the criminal case session case 0100 of 2024 was set to resume on March 10th 2025 and would be heard as session to expedite its conclusion”
Fast forward to 10/March 2025, the court room is opened on time. This particular Judge is said to be extremely professional and a stickler for time
The prosecution team and defense lawyers were at the court premises long before the scheduled start time of 9am. The Judge was also said to be on court premises; in her chambers.
Court quickly filled up. Some murmurs in court on what will happen now that the new Judge has been appointed to JSC. Fear that she’d drop the case were mooted
10:01 am: Bang on the back court door. A gentleman clad in a grey suit, brown tie and white shirt walks in. He takes the Judge’s seat. Confused looks in the courtroom. He’s not the presiding Judge. He’s the registrar.
Court announcer clears her throat AND like a flight attendant announcing a landing goes: “Session number 100 of 2024, Uganda Vs Molly Katanga & others”.
Molly Katanga, in a turquoise blouse and white head cover is shown on the screen behind the registrar. She’s following this from Luzira Women’s Prison. Her four co-accused enter the dock.
The Promise of a speedy trial hits its first roadblock as court doesn’t proceed as earlier scheduled.
Background:
On February 21 2025, the High Court (Criminal Division) of Uganda sat & made a ruling denying Molly Katanga bail, despite finding that she… https://t.co/uplfjiWdVj pic.twitter.com/UZgrMeuYwJ
— Anthony Natif (@TonyNatif) March 10, 2025
Samali Wakholi, the Assistant DPP stands up to speak. “Your honor, may it please you, Samali Wakholi is my name. Your Worship, I’m the Asst DPP. I’m here on behalf of the state, together with Mr Jonathan Muwaganya, Chief State Attorney and Anna Kiiza, also a Chief State attorney
On watching Brief is SC Mwesiga Rukutana & Ivy from Mwesigwa Rukutana & co. Advocates
The accused are jointly represented by two firms.
Counsel from KAA: “SC Peter Kabatsi together with Elison Karuhanga & Jet Tumwebaze. From Tumusiime Kabega and Co Advocates is my Senior, MacDusman Kabega. Your honor, A1 appears via Zoom from Luzira Women’s Prison and the 4 co-accused are in court. This matter is coming up for hearing and we have witnesses ready to proceed but we do not have assessors. It is a mandatory requirement of the law that these are available.”
Registrar: How many witnesses are in court?
Wakholi: PW10 is in court.
PW10 stands up. He’s wearing a blue jacket, white shirt and black kakhi pants. He is by the witness stand.
Wakholi continues: we pray for court’s guidance.
10:09 am: Registrar is furiously scribbling; then starts speaking: the trial judge has expressed regret that this matter has not taken off this morning. But like the lead prosecutor said, the absence of assessors means we can’t proceed. My instructions from the trial Judge is that this matter be adjourned till tomorrow 11am for hearing.”
This court is adjourned to 11/March at 11 am
*****
SOURCE: Notes by Anthony Natif on X @TonyNatif
