Dissatisfied with the way Nakawa Chief Magistrate has so far handled criminal proceedings into the murder of Kampala money lender Henry Katanga, lawyers representing the deceased’s family have advised their clients to apply to High Court to demand for Judicial Review into what the Nakawa Chief Magistrates has done so far and generally the way the case has been handled.
Subsequently, Mulengera News can reveal that the lawyers (led by ex-AG Mwesigwa Rukutana, Frank Kanduho and Paul Kutesa) have received instructions from Henry Katanga’s family (on whose behalf they this week appeared in the Nakawa Court on watching brief) to proceed to High Court demanding for an inquiry into the way the Chief Magistrate has conducted himself thus far. Follow this Link to watch video: https://youtu.be/za25L0lRsIY
Their major contention is that the Chief Magistrate never proclaimed any plausible reasons not to issue an arrest warrant for 55-year-old Molly Bananukye Katanga and her daughter her 29-year-old daughter Martha Nkwanzi Katanga who officially are said to be in hospital, a position Henry Katanga’s family disputes as not entirely true. The family, through their lawyers, have since filed a Judicial Review application in the High Court imploring it to issue orders compelling the Nakawa Chief Magistrate to issue an arrest warrant for Molly who defense lawyers say remains unwell at IHK Hospital where she continues receiving treatment.
The family, through their lawyers, are also challenging the circumstances and reasons under which the Chief Magistrate refused to promptly issue an arrest warrant for the duo in response to their failure thus far to personally appear in Court and instead opted to extend fresh criminal summons for them. That the 30 days’ extension (from 4th December to 8th January 2023) of the criminal summons the Chief Magistrate granted does exceed the maximum period that is permitted under the provisions of the Chief Magistrates Act.
The Henry Katanga family, through their lawyers, want all this inquired into through a Judicial Review process by the High Court. They want the Chief Magistrate to be compelled to explain what he based on to disallow the prosecutor’s application for arrest warrant and instead extended the criminal summons.
That the record of proceedings, as was prepared by the Chief Magistrate, curiously doesn’t capture many of the things the Resident State Attorney (prosecutor) submitted in Court, justifying issuance of arrest warrant, during the 4th December session. That the learned Chief Magistrate equally didn’t capture, on his record of proceedings, many of the things that were submitted by Counsel (Rukutana, Kutesa & Frank Kanduho) on watching brief on behalf of the Henry Katanga family members. That all this combined creates doubt as to the quality of justice that will be delivered at the end of the day for all parties involved. (For comments on this story, get back to us on 0705579994 [whatsapp line], 0779411734 & 041 4674611 or email us at email@example.com).