Nakawa High Court Judge Wilson Masalu Musene is today expected to give his ruling on whether or not to release on bail Jacqueline Uwera Nsenga, a woman accused of knocking dead her husband Juvenal Nsenga, early this year as she drove through their family gate in Bugolobi, Kampala.
The date was set Tuesday after the court heard her bail application “against” and “for” her release.
The prosecution led by Samali Wakooli asked court to deny her bail since her home is in Kenya and not Ugandan and that she could jump court once given bail.
Ms Wakooli argued that Jacqueline became a Ugandan by virtue of her marriage to Mr Nsenga but since he is dead she can leave the country for good. She based her arguments on the affidavit of late Nsenga’s brother, Innocent Bisangwa.
Ms Wakooli further told court that the state is committed to have a speedy trial for her and determine her fate as soon as possible and that they are preparing her committal papers to high court to stand trial over murder charges.
But in rebuff, Jacqueline’s lawyers; Nsubuga Mubiru and Isaac Walukaga, asked court to release their client on bail. They argued that their client has been in custody beyond the mandatory 180 days, a period that they said entitles her to bail without any proof of exceptional circumstances.
But Ms Wakooli chipped in and explained that the mandatory 180 days are counted from the date a suspect is charged in court and remanded to prison and that the days a suspect spends in police custody are not counted. She added that it was Jacqueline herself who applied to stay in police custody for that long.
Prior to her being produced in court on July 15, Jacqueline was under police protection for about five months given the mysterious circumstances that surrounded the death of her husband. She has since been remanded to Luzira prison ever since then.
The lawyers also asked court to reject Mr Bisangwa’s affidavit on grounds that he did not have powers to swear in that affidavit since he is an employee of the DPP, a police officer or a prison warder and had not stated the source of his information to deny their client bail.
Prosecution alleges that Jacqueline Nsenga (36), a businesswoman, on the January 10th this year, at her matrimonial home in Bugolobi, Kampala, murdered her husband Nsenga.
Once one is found guilty of murder in Uganda, they stand to face the maximum penalty of death by hanging.