The Nakawa Chief Magistrates Court is set to assess a bail application submitted by Patricia Kakwanza, Charles Otai, and George Amanyire in a legal saga surrounding the murder of city businessman Henry Katanga. Scheduled for January 8, 2024, the court appearance is set to unfold against a backdrop of intricate legal nuances and medical complexities.
Patricia Kakwanza faces charges of allegedly destroying crucial evidence, a violation of section 102 of the Penal Code Act. Simultaneously, Charles Otai and George Amanyire are confronted with accusations of being accessories after the fact of murder, as outlined in sections 393 and 394 of the Penal Code Act. Notably, the offense of destroying evidence carries a potential seven-year imprisonment, while being an accessory after the fact of murder is punishable by a three-year jail term. The defense argues that these charges are bailable within the purview of the Chief Magistrate’s Court.
However, this legal wrangle involves not only the accused trio but also the widow of the deceased, Molly Katanga. While Molly has not appeared in court due to hospitalization, the Director of Public Prosecutions, Jane Frances Abodo, has already authorized murder charges against her. It’s crucial to highlight that murder charges are non-bailable in the Chief Magistrate’s Court, necessitating any bail application to be directed to the High Court.
According to the prosecution, the alleged murder of Henry Katanga took place at his Mbuya residence, a city suburb, on November 2, 2023. The intricacies of the case were brought to light when, on December 27, 2023, the defense, represented by lawyer MacDosman Kabega, sought bail for the accused. However, the court deferred the application, citing the absence of the prosecution.
Kabega emphasized that the prosecution had been duly served with a hearing notice for the bail application, which they acknowledged. Intent on pursuing justice for his clients, Kabega aimed to re-present the bail application on January 8, 2024, reiterating the urgency of the matter.
Adding another layer of complexity to the situation, Molly Katanga, through her lawyers, sought intervention from Principal Judge Dr. Flavian Zeija in December of the previous year. Alleging harassment by security operatives, Molly argued that her medical treatment was being impeded by the heavy police presence at the hospital.
The legal team asserted that doctors recommended a brain magnetic resonance imaging (MRI) scan for Molly to investigate the root cause of her medical issues. They contended that police interference was obstructing her treatment at the IHK hospital in Kampala, impacting her recovery from five head operations conducted by December 12, 2023. During one of these procedures, police officers allegedly attempted to forcefully enter the operating theater.
