Four suspects who are linked to the two-month-old murder of Kampala businessman, Henry Katanga have requested bail from the High Court.
Martha Katanga Nkwanzi and Patricia Kankwanzi, Katanga’s two children, are among the suspects.
Molly Katanga, their mother, is reportedly admitted with injuries she allegedly acquired during the event.
Molly is charged with capital murder, and her daughters are accused of deleting evidence related to their father’s death.
The three are additionally charged together with George Amanyire, the family’s Shamba boy, and Charles Otai, a doctor.
Both are accused of helping the widow and her two daughters avoid punishment after the murder, even though they knew the three were guilty of the crime.
As a result, they are charged with accessory after the fact.
Under the representation of Kampala Associated Advocates, the accused individuals assert that on January 8, 2024, the Chief Magistrate at Nakawa Court heard their bail application, which was denied.
They claim they have a constitutionally guaranteed presumption of innocence.
The accused claim that after the court denied their requests for release, the prosecution remanded them to Luzira Prison and told the court that investigations into the case were still ongoing at their arraignment.
The petitioners claim they have strong guarantees that they would appear in court when needed and follow any conditions imposed by the court on their bail.
They claim that this is their first charge and that they have never been found guilty of a crime.
“The applicants sincerely hope to establish their innocence at the trial, whenever it starts, despite the charges that have been brought against them.” examines the application.
They acknowledge that once freed on bond, they will not impede the ongoing criminal case investigations and that they have designated locations under the High Court’s authority.
Kankwanzi claims in one of the supporting affidavits that she is a family woman who has cooperated with the police and is wed to Wilson Mwine Mukulu.
She continues by stating that she has obesity, chronic clinical gastric disorders with upper gastrointestinal bleeding tendencies, fluctuating severe hypertension, and heart disease.
As a result, she needs regular access to specialized medical care and monitoring.
Kankwanzi claims that while she is being held on remand at Luzira Prison’s women’s wing, she is unable to receive the necessary medical care.
She lists her husband, her mother-in-law, father-in-law, brother-in-law, cousin, and a family friend as significant sureties.
“It is in the interest of justice that I am released on bail to enable me to receive ample medical care that I require, spend time with my grieving family, earn a living, have adequate time to prepare my defence and exercise my right to liberty and a fair hearing,” Kankwanzi stated.
Judge Isaac Muwata of the Criminal Division heard the case on Wednesday. But Jonathan Muwaganya, the state attorney, and Samalie Wakooli, the assistant director of public prosecutions, objected on behalf of the prosecution.
Their objections are detailed in an affidavit written by Ann Kiiza, one of the prosecutors in this case.
According to her, the prosecution filed a criminal revision motion, challenging the Chief Magistrate’s jurisdiction to handle the accused parties’ bail and plea negotiations.
She claims that Nkwanzi’s defence attorneys tried to request oral bail on his behalf, but the judge rejected their request and told them to wait for the results of the criminal revision.
According to the DPP, the accused parties should stop abusing the legal system by filing multiple, concurrent applications for the same individuals.
The judge decided that they ought to hold off until January 24, 2024, to find out how the criminal revision application turned out.
