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Defending Land And Environmental Rights

3 land rights defenders charged with trespass, released on bail

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Defenders speaking to one of their lawyers after they were released.

By witnessradio.org Team

 

Kiryandongo – Uganda – Kiryandongo Magistrate court has bowed down to intense public pressure and released on bail three (3) land rights defenders who have been incarcerated for close to a month. The 3 land rights defenders were charged with criminal trespass and the magistrate granted them a non cash bail of 3,700,000/= each equivalent to USD 1000 while their sureties at UGX 5,000,000 equivalent to USD 1600.

 

Ssebisolo Godfrey, Wanjala Erias and Mwawula Fred have been in Dyanga prison, Kiryandongo district since February, 25th, 2020 after being transferred from police custody without appearing before court.

 

Prosecution alleges that since 2019, the trio have been trespassing on the land owned by Great Season Company and one Mwesigye Reuben. Great Season Company, owned by Sudanese investors based in Dubai is part of the three multinational companies dispossessing about 35,000 native families whose land is measuring about 10,000 acres. Others include large scale international companies – Agilis Partners/Joseph Initiative/Asili Farm and Kiryandongo Sugar Limited.

 

According to affected community, they have lawfully cultivated and occupied the land since 1937 growing enough food to feed themselves and for sale as well as rearing animals like cows and goats.

 

The land is situated at Kisalanda village, Kakwoko – Mutunda parish, Kibanda County, Kiryandongo district. It’s registered on Block 7, Plot 66, 67, and 68 among others.

 

Speaking to witnessradio.org shortly after their release, Ssebisolo Godfrey on behalf of  the team accused prisons for condoning torture, inhuman and degrading treatment. “We have been severely beaten in prison’s cell by our fellow prisoners under the watchful eyes of prison staff. We’re seriously sick and sustained bodily injuries because of the beatings” said Ssebisolo

 

He added that since their detention at Dyanga prison, they have been subjected to forced commercial labor in different plantations belonging to rich individuals, and often canned by prison warders on duty while in these plantations.

 

The multinational companies and their agents are orchestrating violence against community, intimidation, caused dozens of illegal arrest and detention, imprisonment, destroying gardens, and demolish houses just to weaken their resolve to halt an illegal and violent eviction.

 

More than 19 primary schools have been demolished plus more than two dozens of worshiping centers, while unknown number of water sources have been ring fenced to company workers.

 

The defenders are expected to re-appear before court on April, 23rd, 2020

Defending Land And Environmental Rights

Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).

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By Witness Radio team

A Magistrate court sitting at Mwanga II road in Kampala has granted a cash bail to two community land rights defenders and a project-affected person after spending 24 and 21 days on remand respectively.

Defenders; Kabugo Michael and Kasozi Paul Ssengendo and a project-affected person, Charles Sserugo, were charged with conspiracy and obtaining money by pretense before being sent to Luzira prison.

Before being charged and remanded to prison, Kabugo and Kasozi, on several occasions, had been in and out of Old Kampala Police on orders of the Deputy Resident City Commissioner (D/RCC) in charge of Lubaga Division in Kampala Kampala.  RCC is a title given to the president’s representative at either district or division levels.

Both defenders have been mobilizing project affected community in Kawaala, Zone II, to resist forced evictions orchestrated by the Kampala Capital City Authority (KCCA) and demand justice for all project-affected persons. The project is implemented with funding from the World Bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. Part of this money (USD 17.5 million, which is 63 billion Uganda shillings) is to construct the Lubigi Drainage Channel.

Before granting them bail, the court gave stringent conditions namely; each of the accused had to pay paid cash of two million Uganda Shillings (equivalent to 535.06 US Dollars); attend court whenever summoned; directed them not to leave the country; and keep off the prosecution’s investigations.

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

His Worship, Byaruhanga Adam, relied on the submissions filed by the defense lawyers, which included presenting substantial sureties. Their sureties were conditioned with 50 Million Uganda Shillings (equivalent to 13,376.50 US Dollars) non-cash.

The Court will resume on the 4th of April 2023 at 10: 00 am East African standard time.

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Defending Land And Environmental Rights

The ruling of bail applications for the two community defenders and a project-affected person of Kawaala zone is happening today.

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By Witness Radio team.

Mwanga II Magistrate Court in Mengo, in Kampala is hearing bail applications for the two community land rights defenders and a project-affected person (PAP) of Kawaala zone II, in Rubaga division who have been on remand for 14 and 11 days respectively, this morning.

Mwanga II Grade I one Court charged the two community defenders, Mr. Kabugo Micheal and Kasozi Paul Ssengendo, and a project-affected person Mr. Sserugo Charles with conspiracy and obtaining money by pretense and remanded them to Luzira Government prison.

Mr. Kasozi and Sserugo were arrested on Wednesday, 15th February 2023, whereas Mr. Kabugo was arrested on Saturday 18th, 2023 in a morning raid.

Last week, the hearing of the bail applications that had been scheduled to take place on Wednesday, 22nd of February 2023 failed to take off due to the absence of the trial magistrate. Court said he (the trial magistrate) was nursing a sick person.

On the same day, all three appeared the second time before the Grade one Magistrate because the Magistrate His worship Byaruhanga Adam with jurisdiction to hear their case was attending to his sick mother.

According to their lawyers, they sought permission from the grade one magistrate to enter an oral bail application on record which he permitted but denied granting them bail. His Worship Magezi Amon said his Court does not have jurisdiction to grant bail to the accused and requested them to wait for a bail ruling when the trial magistrate returns. 

Section 309 of the Penal Code Act Cap. 120 states that the charge of conspiracy takes three (3) years imprisonment on conviction while the maximum sentence of obtaining money by pretense, according to Section 305 of the Penal Code Act Cap. 120, is a punishment of five years imprisonment on conviction.

The two defenders have been facing reprisals for leading their community to push back a forced eviction by a World Bank Project implemented by KCCA.

All the three who are expected to appear in Court today, are residents of Kawaala Zone II, Lubaga Division, Kampala district, an area Kampala Capital City Authority (KCCA) intended to forcefully evict locals and construct a drainage channel, a project funded by the Word bank.

KCCA acquired a loan of over USD 175 from the World Bank and the International Development Association (IDA) in 2015 for the second Kampala Institution and Infrastructure Development (KIIDP-2) project. However, part of the money (USD 17.5 million, which is 63 billion Uganda shillings) was meant for construct the Lubigi Drainage Channel.

His Worship Byaruhanga Adam is expected to return this morning, 1st March 2023, Wednesday to deliver the ruling of bail applications.

 

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Defending Land And Environmental Rights

A Court in Kiryandongo releases two community land rights defenders and eight farmers on bail.

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By Witness Radio team

The Magistrate Court in Kiryandongo District has granted bail to the two (2) community land rights defenders and eight (8) farmers of Nyamutende village, Kibeka Parish, Kiryandongo sub-county in Kiryandongo District who were charged with three counts of threatening violence.

All the ten accused were released on a non-cash bail of 500,000 UGX equivalent to 135.4 USD, while the sureties were conditioned with 2,000,000 Million Uganda shillings (541.6 USD) non-cash. The defense lawyers presented 12 sureties.

The two community defenders and eight farmers had spent 13 days on remand at Kigumba prison. On 8th February 2023, the District Police Commander (DPC) Muhangi Edson invaded homes in the wee hours and violently arrested two land rights defenders and ten farmers plus two minors. The minors were later released from Kiryandongo police cells.

Among the persons granted bail include Mulekwa David and Mulenga Jackson (community land rights defenders). At the same time, local farmers released are Kanunu Innocent, Musabe Steven, Munyankole Enock, Lokong Gabriel, Ntambala Geoffrey, Kagenyi Steven, Mukombozi Frank, and Kuzara Frank.

On 09th/02/2023, the ten (10) were charged by the Magistrate Court in Kiryandongo with three counts of threatening violence, and all entered a plea of not guilty. Threatening violence takes a punishment of four years imprisonment upon conviction.

The prosecution alleges that the victims on 01/02/2023 threatened to injure, assault, or kill Wakoko Robert, Kilenda David, and Kato Francis. The trio is a laborer of Somdium Limited, which is forcefully evicting locals off their land without compensation, and resettlement.

The prosecution led two other witnesses totaling five namely the investigative officer of Kiryandongo police Businge Patrick, and Balute Isaac, the Somdiam Company Limited manager.

Before the bail was granted, the prosecution first claimed that they were not served with documents of the sureties despite the defendants’ lawyers having proof. This forced the defendant’s lawyers to ask for leave of court to settle the matter.

The prosecution further told the Court, in their reply submission that the sureties were not substantial, asking for the court not to grant them bail.

The defendant’s lawyers submitted their rejoinder which was relied on by the magistrate to give the accused bail stating that the sureties are substantial and the case is bailable.

The imprisonment of the community defenders and farmers came after their continued resistance to leave their land which accommodates over 1000 homesteads.

According to information gathered by Witness Radio Uganda, Somdiam Company Limited was incorporated in Uganda in 2011 and deals in imports of assorted food commodities among these are rice, sugar, vegetable cooking oil, biscuits, salt, tomato paste, powdered milk, pasta & spaghetti and are well established with professional operations is interested in growing sugar canes in Kiryandongo district.

The Court was adjourned to the 21st of March 2023 at 9:00 am East African Standard time.

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