A democracy and human rights watchdog has petitioned the East African Court of Justice to intervene after Ms. Molly Katanga, the widow of slain Kampala businessman Henry Katanga, was denied bail. Accused of killing her husband on November 2, 2023, at their home on Mbuya Chwa 2 Road in Nakawa Division, Kampala, Ms. Katanga has twice been denied bail by the High Court.
Legal Brains Trust, the watchdog organization, filed a reference before the Kampala sub-registry, arguing that the High Court's actions and the national bail rules contravene the East African Treaty by denying individuals bail. The petition, filed on May 30, states: “An interim order ex parte be issued, staying the respondent’s detention of Molly Katanga and temporarily releasing her on bail pending the determination of Reference No. 25 of 2024.” The petition further asserts that the East African Court of Justice must preserve Ms. Katanga’s fundamental rights and prevent further violations by using its inherent powers to cease her unlawful detention and release her on bail pending the determination of the reference.
The human rights watchdog sought the regional court’s intervention because Ms. Katanga, having been denied bail twice, on February 8 and May 21, has no remaining option to appeal the decision. Justice Isaac Muwata of the Criminal Division of the High Court refused bail, citing the severity of the murder charge and stating that the case is ready for trial, urging the Director of Public Prosecutions to present evidence and determine her fate swiftly.
However, Legal Brains Trust contends that the lack of an appeal option against the High Court’s bail denial leaves Ms. Katanga and similarly situated individuals without a legal remedy, thus necessitating regional judicial intervention. The watchdog emphasized the urgency of the situation, requesting a panel of judges to hear the application for interim orders ex parte and provide directions to prevent the matter from becoming moot.
In an affidavit supporting the watchdog’s reference, Ms. Isabella Nakiyonga, a legal officer with Legal Brains Trust, highlighted the significant risk posed by Ms. Katanga’s continued incarceration at Luzira Prison, where officials admitted they cannot manage her medical condition. Nakiyonga argued that the denial of bail based on national bail rules is inconsistent with international human rights standards, violating Ms. Katanga’s rights to liberty, presumption of innocence, fair trial, and humane treatment.
The watchdog is seeking an interim order to stay the enforcement of the High Court’s decision denying bail to Ms. Katanga or a directive for the High Court in Uganda to grant her interim bail pending her trial, which is scheduled to start on July 2. Additionally, the watchdog cited a shortage of funding for the Judiciary, potentially delaying the June criminal sessions, as further justification for releasing Ms. Katanga on bail pending her trial.
