KAMPALA – The highly publicized trial in the murder of businessman Henry Katanga resumes today at the High Court in Kampala, after a two-month break.
The case was adjourned again on December 5, 2024, due to the absence of trial judge Isaac Muwata. He was reported unwell and unable to preside over the matter anymore.
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Digital forensic examiner AIP Enock Kanene, the tenth prosecution witness, is expected to continue testifying.
According to High Court Assistant Registrar Salam Ngobi, Judge Muwata was unavailable for the remainder of the year, leading to the adjournment.
Henry Katanga, a prominent businessman, died from a gunshot wound to the head on November 2, 2023, at their residence on Mbuya Chwa II Road in Kampala.
On the same day, Molly was admitted to C-Care IHK (formerly International Hospital Kampala) with multiple fractures on her upper limbs, various head injuries and in a state of hypovolemic shock, according to a report issued by specialists appointed by the Ministry of Health.
Hypovolemic shock is an emergency condition in which severe blood or other fluid loss makes the heart unable to pump enough blood to the body.
In the last court session (November 12, 2024), Muwata ordered the prosecution to disclose relevant evidential material to the defence team in the murder trial of businessman Katanga.
The judge directed the prosecution, led by the Assistant Director of Public Prosecutions Samali Wakooli, to provide the defence team with all evidential material, including raw data and a video network recorder from the witness [Kanene].
Wakooli is being assisted by chief state attorneys Jonathan Muwaganya and Anna Kiiza.
“The raw data and video evidence of the witness should be disclosed to the defence team,” Muwata earlier ordered.
He also instructed prosecution to disclose any other evidence that they have not to the defence team.
The judge observed that it is a fundamental principle of law that every accused person is entitled to a fair hearing.
Regarding disclosure, the judge stressed that it must be strictly observed, citing Article 28 of the Constitution and relevant international case law.
The judge further stated that the prosecution must disclose all relevant scientific materials, regardless of their opinion on the matter.
However, the judge reserved the ruling regarding the admissibility of the evidence of the prosecution witness [Kanene], saying it will be considered during the final analysis of all evidence in the matter.
The ruling followed submissions by defence lawyer Elison Karuhanga, who contested the evidence presented by Kanene, citing its collection without a search warrant.
He argued that the entire process was flawed and requested the court to disregard Kanene’s evidence.
Other defence lawyers include Peter Kabatsi, MacDosman Kabega, Jet Tumwebaze and Bruce Musinguzi.
Molly is facing trial together with her daughters: Patricia Kakwanza and Martha Nkwanzi, as well as George Amanyire, a domestic worker, and Charles Otai, a nursing officer, who are accused of destroying evidence and being an accessory after the fact to murder.
The indictment reveals that on November 1, 2023, Katanga and Molly had dinner together and then retired to their bedroom.
However, the following morning, a house help (Amanyire) heard a strange noise emanating from the couple’s bedroom and immediately alerted the other people at home.
It is said that the workers moved closer to the bedroom to ascertain what could be happening and that they allegedly heard a struggle inside the bedroom which they suspected could have been a fight.
Consequently, they telephoned Nkwanzi and Kakwanza to come but before they arrived, the workers allegedly heard a loud blast and immediately the noise in the bedroom stopped.
Shortly, Nkwanzi and Kakwanza reportedly showed up and Kakwanza went directly to the bedroom where she found Katanga lying in a pool of blood.
Later, Molly was purportedly assisted by Amanyire to move downstairs, and Kakwanza drove Molly to Bugolobi Medical Centre and later IHK.
According to the indictment, Katanga succumbed a single gunshot injury discharged by his pistol number UG1622200061CZ99 compact.
