The High Court has once again denied bail to Molly Katanga, who has been on remand in Luzira Prison for over a year on charges of murdering her husband, the late Henry Katanga.
Presiding over the bail application, Justice Rosette Comfort Kania ruled that the gravity of the charges against the applicant outweighed the reasons advanced in support of her release.
Molly Katanga is accused of murdering her husband in their matrimonial home in Mbuya on November 2, 2023. The prosecution, led by State Attorney Samali Wakooli, alleges that the accused killed Henry Katanga following a domestic altercation. She has been on remand since January 2024 after being charged by the Nakawa Magistrates’ court.
So far, ten prosecution witnesses have testified against her. However, the defense has disputed the allegations, contending that Molly Katanga was a victim of domestic violence. According to her legal team, led by senior counsel Peter Kabatsi, the deceased allegedly assaulted her before taking his own life, leaving her with multiple head injuries.
The latest bail application, heard on February 17, 2025, was based on medical grounds. The defense cited a medical report from Mulago national referral hospital, which diagnosed the applicant with hypertension, multiple breast masses, vertigo and post-traumatic stress disorder (PTSD).
The report indicated that these conditions required monitoring beyond the capacity of prison medical services. In addition, the defense argued that Katanga, aged 56, is the sole breadwinner of her family, including an eleven-year-old child. They contended that her continued detention violated her constitutional rights and that the Uganda Prisons Service had acknowledged its inability to provide the necessary medical care.
However, the prosecution, represented by Jonathan Muwaganya, opposed the application, arguing that the claims had been raised in previous applications and dismissed.
In her ruling, Justice Kania reaffirmed that while it is a constitutional right for an accused person to apply for bail, the seriousness of the offense must be a key consideration. She cited the Supreme court decision in John Muhanguzi Kashaka v Uganda, Miscellaneous Application No. 18 of 2023, which established that an applicant’s favorable circumstances take a backseat when weighed against the gravity of the offense.
“In all cases where an applicant is charged with a capital offense, the court must always have in mind the overarching consideration of the gravity of the accusation,” Justice Kania stated.
Addressing the applicant’s medical condition, she referred to the ruling in Nyanzi Yusuf Sirat v Uganda, Criminal Miscellaneous Application No. 134 of 2021, which requires the applicant to prove that their illness cannot be managed while in custody.
Justice Kania noted that while the defense presented a medical report, experts from Mulago hospital classified the applicant’s breast masses as benign rather than malignant or cancerous. The court found that the recommended monitoring and follow-up mammograms every three years did not constitute a grave illness warranting bail.
“Those masses do not qualify to be termed as a grave illness that cannot be managed while the applicant is in custody,” she ruled.
Additionally, Justice Kania emphasized that the trial was already in its advanced stages, with ten prosecution witnesses having testified and disclosures made to the defense. She noted that the next hearing is scheduled for March 10, 2025, as part of a dedicated session aimed at an expeditious conclusion of the case.
“In the premises, the application for bail is disallowed on those grounds,” she concluded.
With this ruling, Molly Katanga remains in remand as her trial proceeds.
