Molly Katanga, who is facing murder charges at the High Court, was last week denied bail for the third time, despite her deteriorating medical condition.
Justice Rosette Comfort Kania ruled on Thursday that the seriousness of the murder charge against her outweighed any personal circumstances.
The judge said she should stand trial while on remand, assuring the parties that there would be a speedy trail.
Kania’s decision that has sparked legal debates about the fairness and consistency of bail applications in Uganda.
Molly Katanga has been on remand in Luzira Prison since her arrest in connection with the November 2023 death of her husband, Henry Katanga.
He succumbed to a gunshot wound to the head in their marital home, where Molly was later found severely injured and unconscious
Yet under the law, bail is a fundamental right. It is granted under Article 23(6) of the Constitution which states that any accused person is entitled to apply for bail, and courts have the discretion to grant or deny it.
In the past, courts have granted bail to individuals facing serious charges, including murder and treason, citing health concerns, prolonged detention, or weak prosecution cases.
In 2018, several police officers accused alongside former Inspector General of Police Kale Kayihura on charges of aiding and abetting kidnappings were granted bail after arguing that they had been detained beyond the lawful period and that their constitutional rights were being violated.
In the same year, Godfrey Wamala alias Troy (2018), the prime suspect in the murder of musician Mowzey Radio was granted bail on medical grounds, highlighting that courts have previously considered health conditions when determining bail applications.
So the question is: Why has the court continually denied Katanga bail? Is she a flight risk? In her condition, does she have the capacity to interfere with the investigation once out?
The trial has been ongoing for the last six months and several key witnesses have taken the stand. This means that little can change regarding the facts of the case at this stage. We have been told her legal team from Kampala Associated Advocates is pursuing avenues of appealing the decision.
There is so much at stake in this case. We have been told that the late Henry Katanga’s friends have been pulling strings from the outside, trying to esnure that Molly remains locked up. We don’t know how true this is.
However, the continous refusal to grant Molly bail has fueled debate about judicial impartiality and consistency in our legal system.
While courts have the discretion to grant or deny bail, the inconsistencies in previous rulings suggest that more transparency and uniformity in judicial decisions are needed.
