For refusing to launch on bail Molly Katanga, the widow of slain Kampala businessman, Henry Katanga, a democracy and human rights watchdog, has petitioned the East African Court docket of Justice to intervene.
Within the reference filed earlier than the Kampala sub-registry, Authorized Brains Belief avers that the actions of the Excessive Court docket in Uganda are in opposition to the “nationwide bail rights” to disclaim a 55-year-old frail and in poor health widow, bail.
“An interim order ex parte be issued, staying the respondent’s detention of Molly Katanga and briefly releasing her on bail pending the willpower of Reference No. 25 of 2024.” the court docket paperwork filed on Could 30, learn partially.
The court docket paperwork additional learn: “The East African Court docket of Justice is duty-bound to protect Molly Katanga’s basic rights and stop additional violations by invoking its inherent powers to briefly stop her illegal detention and launch her on bail pending the willpower of Reference No 25 of 2024, or by directing the nationwide court docket to launch her on interim bail pending the willpower of the stated reference.”
The human rights watchdog sought the regional court docket’s intervention as a result of Ms Katanga is now left with no possibility of interesting the Excessive Court docket’s stand to launch her on bail twice.
“No obtainable treatment underneath Ugandan regulation; the absence of a proper to enchantment in opposition to the Excessive Court docket’s bail denial determination leaves Molly Katanga, and different related located people, with no authorized treatment, necessitating regional judicial intervention,” it explains.
Including: “Accordingly, we crave the court docket’s indulgence to supply a panel of judges to listen to the pressing utility for interim orders ex parte and provides applicable instructions to forestall the matter from being rendered worthless.”
In her affidavit to help the reference of the human watchdog, Ms Isabella Nakiyonga avers that with the approaching trial date which is a few weeks away, Ms Katanga’s continued incarceration at Luzira jail poses a big threat to her means to get the absolute best medical care of her alternative and, put together for a correct protection.
She additionally cited her grave medical situation which she says Luzira officers have come out to confess that they can’t handle it and that her continued incarceration poses a threat to her well being.
“The denial of bail primarily based on nationwide bail guidelines is inconsistent with worldwide human rights requirements, which companion states are obligated to uphold, violates Molly Katanga’s rights to liberty, presumption of innocence, honest trial and humane remedy, with a disproportionate knock-on impact on different rights,” Ms Nakiyonga contends.
The human rights watchdog is now in search of the regional court docket’s intervention to concern an interim order staying the enforcement of the Excessive Court docket orders through which the widow was denied being launched on bail.
Alternatively, it seeks for a one-sided ruling to be given directing the Excessive Court docket in Uganda to grant interim bail to Ms Katanga on such situations it considers cheap pending her trial that’s slated to begin on July 2.
Its prosecution’s case that Molly on November 2, 2023, at Mbuya Chwa 2 Highway, Nakawa Division in Kampala, with malice aforethought, unlawfully, prompted the dying of her husband Katanga.
On two events, Justice Isaac Muwata of the Prison Division of the Excessive Court docket has declined to launch Ms Katanga on bail, citing the homicide cost that she is going through as being “severe”.
The choose has additionally reasoned that since her case is prepared for trial, the DPP ought to as an alternative adduce the proof in opposition to her and rapidly decide her destiny.
Her first unfruitful try and be admitted onto bail was on February 8 this 12 months with the final effort being Could 21.
She is collectively charged with two of her daughters; Patricia Kakwanza and Martha Nkwanzi although they face a lighter cost of destroying proof.
The opposite co-accused are Mr Charles Otai, a medic, and Mr George Amanyire, a home who each face a separate and likewise a lesser cost of being an adjunct after the actual fact of homicide.
All her 4 co-accused are out on bail.
Ms Katanga has fronted grave sickness (nasal sinusitis, vertigo, breast plenty, and hypertension) that can’t be managed in Luzira jail as one among her key grounds to be launched on bail such that she will be able to search specialised companies exterior the jail.
She has had no less than 5 surgical procedures following the deep head accidents she sustained reportedly in the course of the home brawl along with her late husband at their Mbuya residence.
The human rights watchdog additionally claims there’s a scarcity of funding by the Judiciary and that the June prison periods could not occur, a state of affairs, they are saying is hard and is a cause sufficient to launch Ms Katanga on bail pending her trial later.
