Justice Owiny-Dollo
Justice Owiny-Dollo

As 2024 draws to a close, Uganda’s judicial system faces increasing scrutiny over its ability to operate independently, ensure transparency, and deliver justice in high-profile cases. From contentious murder trials to political corruption scandals, these events have spotlighted challenges in maintaining public trust and upholding the rule of law.

The Katanga Murder Case: A Test of Judicial Integrity

The high-profile murder case of Molly Katanga, accused of killing her husband, Henry Katanga, in November 2023 at their Mbuya residence, has captivated public attention. The case has drawn comparisons to Uganda’s infamous Eriya Ssebunya Kasiwukira murder trial, raising questions about how the judiciary handles complex homicide cases.

Katanga, currently on remand in Luzira prison, faces allegations of shooting her husband. Meanwhile, their two daughters, Martha Nkwanzi and Patricia Kakwenza, along with a family shamba boy George Amanyire, and family doctor Charles Otai, have been accused of tampering with evidence but were granted bail.

So far, the prosecution has presented over 10 witnesses to implicate Katanga. However, the defense has persistently challenged the credibility of the evidence, rendering the case increasingly complex.

Justice Isaac Muwata presiding over the trial
Justice Isaac Muwata presiding over the trial

Among the prosecution’s key evidence was a postmortem report authored by pathologist Dr Richard Ambayo. This report became a source of contention, with the defense alleging that Ambayo leaked its contents to UPDF officers before it was formally presented in court. The defense also accused Ambayo of cognitive bias, suggesting that he formed conclusions without objectively considering the evidence.

Further complicating the case, forensic expert Andrew Mubiru Kizimula’s DNA analysis faced sharp criticism. The defense alleged that his laboratory equipment was contaminated and his use of outdated software (Euroformix v3.2.0, last updated in 2021) undermined the credibility of his findings.

The defense also discredited testimony from the deceased’s sister, Noame Nyangweso, citing inconsistencies. Nyangweso claimed that Henry Katanga frequently confided in her about fears that his wife intended to kill him. However, the defense noted that this claim was absent from her earlier statements, labeling her testimony as fabricated.

With the trial ongoing, the 10th witness is set to testify in January 2025. The Katanga case highlights procedural and evidentiary issues within Uganda’s judiciary, reflecting broader challenges in the legal system’s ability to uphold fairness and transparency.

The Mpuuga Scandal: Corruption and Political Infighting

The corruption allegations involving Mathias Mpuuga, former leader of the opposition, further illustrate the judiciary’s role in mediating political scandals. In February 2024, leaked Parliamentary Commission resolutions revealed that Mpuuga had received a Shs 500 million service award, while three other parliamentary commissioners, all affiliated with the National Resistance Movement (NRM), were each awarded Shs 400 million.

The revelations prompted sharp criticism, particularly from Mpuuga’s party, the National Unity Platform (NUP). Party president Robert Kyagulanyi (Bobi Wine) publicly condemned Mpuuga’s actions as contrary to NUP’s core values, urging him to resign as a parliamentary commissioner.

Mathias Mpuuga
Mathias Mpuuga

However, Mpuuga denied wrongdoing, asserting that the payments were legal, approved by parliament, and included in the national budget. The fallout deepened divisions between NUP supporters and Mpuuga’s loyalists.

The controversy culminated in a court case brought by a citizen, Daniel Bwette, who accused the parliamentary commissioners of misusing public funds. Justice Douglas Karekona Singiza ultimately dismissed the claims, ruling that the service awards were lawful, and part of the Appropriations Bill passed by parliament.

This ruling underscored the judiciary’s deference to legislative processes but left questions about ethical accountability unanswered. The incident tarnished NUP’s image as a reformist party, casting doubt on its ability to enforce internal discipline and its credibility as a government-in-waiting.

The NUP Supporters’ Guilty Pleas

After over four years in detention, 19 members of the National Unity Platform (NUP), including Olivia Lutaaya, pleaded guilty to charges of unlawful possession of explosives and treachery. Arrested during the 2020 presidential campaigns, their bail applications were repeatedly denied by the military court.

Their pleas led to a presidential pardon and subsequent release in November 2024, but the case reignited debate over the prosecution of civilians in military courts. NUP secretary-general Lewis Rubongoya decried the prolonged detention as illegal, with detainees subjected to incommunicado detention and coerced pleas.

Party leader Robert Kyagulanyi accused government officials of pressuring detainees into admitting guilt, highlighting ongoing concerns about judicial independence in politically sensitive cases.

Corruption Cases Against Public Officials

The year also saw several high-ranking officials face charges of corruption. Three MPs—Cissy Namujju, Paul Akamba, and Yusuf Mutembuli—were accused of soliciting bribes to influence the parliamentary budget for the Uganda Human Rights Commission.

Another trio of MPs, along with a permanent secretary, faced allegations of misappropriating Shs 3.4 billion intended for cooperatives in Bulambuli district. While bail was granted, these cases underscore persistent challenges in holding public officials accountable and deterring corruption.

KCCA Officials and Negligence Charges

In October 2024, the collapse of the Kiteezi landfill claimed at least 35 lives, leading to the arrest of Kampala Capital City Authority (KCCA) officials, including former executive director Dorothy Kisaka.

Aerial view of Kiteezi landfill in 2017
Aerial view of Kiteezi landfill in 2017

Charged with manslaughter and negligence, they were accused of ignoring warnings about the landfill’s risks. While the officials were granted bail, the tragedy underscores systemic negligence in public administration and highlights the need for stronger accountability mechanisms.

Justice Kisakye’s Flight to Exile

Supreme court’s Justice Dr Esther Kisakye fled Uganda, citing threats tied to her dissent in the 2021 presidential election petition. She accused Chief Justice Alfonse Owiny-Dollo of suppressing her minority judgment and faced punitive actions, including the with-holding of her salary and an inquiry into her conduct. Kisakye’s ordeal raises serious questions about judicial independence and the safety of judicial officers who dissent from political norms.

Her flight highlights broader challenges in ensuring the judiciary remains a bastion of impartiality and justice.

Concerns Over Judicial Independence

Justice minister Norbert Mao has expressed concerns about the erosion of judicial independence, particularly the growing trend of appealing court decisions to President Museveni.

He noted a case where a judge faced suspension following accusations of bias by a cabinet minister, warning that such actions undermine public confidence in the judiciary. These developments point to a broader struggle to safeguard the separation of powers and resist executive interference.

Dr Kizza Besigye and Civilian Trials in Military Courts

The arrest of opposition leader Dr Kizza Besigye in Nairobi, Kenya, has further fueled criticism of Uganda’s judiciary. Charged with unlawful possession of firearms and soliciting military support, Besigye has challenged his trial in a military court, asserting that civilians should face civilian courts.

His case, along with that of Hajj Obeid Lutaale Kamulegeya, underscores ongoing concerns about due process and the military court’s role in politically charged cases.

Broader Implications for Uganda’s Judiciary and Governance

Both the Katanga case and the Mpuuga scandal highlight systemic issues within Uganda’s judiciary and governance structures. In murder trials, concerns about procedural fairness, evidentiary standards, and judicial transparency persist. Meanwhile, the handling of corruption scandals reveals the judiciary’s limitations in addressing ethical lapses that erode public trust.

The judiciary’s reliance on technical legal defenses, as seen in the Mpuuga case, often leaves the public feeling that justice has not been served. Similarly, high-profile trials like Katanga’s expose vulnerabilities in forensic and investigative processes, further eroding confidence in the judicial system.

To restore credibility, Uganda’s judiciary must prioritize reforms aimed at improving procedural integrity, ensuring impartiality, and addressing perceptions of bias. Strengthening accountability mechanisms within political parties and government institutions is equally essential to combat the culture of impunity that undermines public confidence.

As Uganda moves into 2025, these cases serve as stark reminders of the judiciary’s critical role in safeguarding democracy, protecting human rights, and fostering a culture of accountability in both public and private spheres.

The Way Forward

To restore public confidence, Uganda’s judiciary must address systemic challenges through reforms that prioritize transparency, accountability and independence. Strengthening mechanisms to protect judicial officers, ensuring fair trials and curbing executive interference are critical steps.

As Uganda moves into 2025, the judiciary’s role in upholding democracy and human rights remains pivotal. The spotlight on its actions this year offers both a challenge and an op- portunity to rebuild trust in the rule of law.

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