Ezrah Kashumbusha.
KAMPALA, January 25, 2024 | The High Court Criminal Division has invalidated the pleas entered by suspects in City businessman Henry Katanga murder case. The decision was delivered by Honorable Justice Isaac Muwata on January 24, 2024, following an application by the Director of Public Prosecutions challenging the actions of Chief Magistrate Erias Kakooza of Nakawa.
The nullified please were of key suspects Kakwenza Patricia, Nkwanza Martha, Amanyire George and Otai Charles, all collectively charged with the deceased’s widow Molly Katanga for offenses ranging from destroying evidence to being accessories after the fact of murder. The application raised a crucial question regarding the jurisdiction of the Chief Magistrate to accept pleas on a charge sheet that included a count of murder.
Justice Muwata emphasized that the count of murder defined the jurisdiction of the court, and the Chief Magistrate was obligated to inform the accused persons of his lack of jurisdiction. The court ruled that the actions taken by the Chief Magistrate were irregular and legally void, as he lacked the authority to handle pleas on a charge sheet containing a murder count. Only a court with jurisdiction over all counts in a charge sheet possesses the power to conduct proceedings, make decisions, or grant bail.
The High Court declared the entered pleas irregular and null, highlighting the lack of jurisdiction given the nature of the charges. According to court documents, an affidavit sworn by Chief State Attorney Anna Kiiza supported the application, arguing that the magistrate lacked jurisdiction to accept pleas from Molly Katanga’s co-accused, who faced a capital offense beyond the Chief Magistrate’s jurisdiction.
On January 24, 2024, Chief Magistrate Erias Kakooza remanded Molly Katanga, on murder charges stemming from the death of her husband Henry Katanga on November 2, 2023, at Mbuya Chwa 2 in Nakawa. The co-accused persons collectively face charges of destroying evidence and being accessories after the fact of the murder.
