Nakawa Court Chief Magistrate Elias Kakooza declined to hear the bail application for the suspects as initially anticipated in a major setback for the defence in the murder case of businessman Henry Katanga. Instead, an arrest warrant was issued against Martha Nkwanzi, the daughter of the deceased businessman, who had failed to respond to a criminal summons.
Nkwanzi, central to the murder investigation, had given birth on November 19, 2023, just two days before her co-accused were brought to court on November 21, 2023. Despite a criminal summons issued against her, Nkwanzi failed to appear, leading Chief State Attorney Jonathan Muwaganya to request an arrest warrant due to her continued non-compliance.
Chief Magistrate Kakooza, noting the defense’s claim that Nkwanzi was at home, ruled in favor of the state, emphasizing that the court would not wait for her convenience. Subsequently, an arrest warrant was issued against Nkwanzi.
(It is important to note that Nkwanzi turned herself in before Nakawa Chief Magistrate’s Court on Wednesday to face charges related to her father’s murder. The file is currently under revision.)
As for the bail application of Patricia Kakwanza, George Amanyire, and Charles Otai, who have been in remand since November 21, 2023, Chief Magistrate Kakooza revealed that the file had been recalled by the registrar of the criminal division of the High Court for revision. Consequently, the court adjourned the matter to January 22 for mention.
Director of Public Prosecutions (DPP) Jane Frances Abodo has challenged the manner in which Kakwanza, Amanyire, and Otai pleaded to the charges before the chief magistrate on November 21, 2023. The DPP questions their plea, as the charges against them involve murder, a capital offense only triable by the High Court.
Kakwanza and Nkwanzi face charges of destroying evidence, while Amanyire and Otai are charged as accessories to the alleged murder of Katanga by his wife Molly Katanga on November 2, 2023. Amanyire was a domestic worker in the deceased’s home, while Otai, a nursing officer, responded to the scene after the murder.
According to the Penal Code Act, being found guilty of destroying evidence carries a potential sentence of seven years imprisonment, while being an accessory after the fact could lead to imprisonment of up to three years.
Expressing dissatisfaction with the latest development, defense lawyers Tumwebaze, Kabega, Musinguzi, and Karuhanga stated their intention to file the bail application before the High Court. They argue that the offenses are bailable as they are not capital offenses, advocating for the chief magistrate’s jurisdiction.
Meanwhile, Chief Magistrate Kakooza extended criminal summons against Molly Katanga, charged with the murder of her husband. The extension was granted after Chief State Attorney Muwaganya, who initially sought an arrest warrant for Molly, conceded that she was still admitted at the International Hospital in Kampala (IHK). Medical reports presented by the defense indicated Molly’s ongoing post-surgery healing period, estimating it to take 4-6 weeks.
