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Appellate Division of the East African Court of Justice (EACJ) rejects the request to dismiss the EACOP appeal case.

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By Witness Radio team.

The Appellate Division of the East African Court of Justice (EACJ) has rejected a request by the Tanzanian government to dismiss an appeal filed by four East African civil society organizations (CSOs) seeking compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards.

Tanzania’s Deputy Solicitor General, Mr. Mark Mulwambo, requested the judges dismiss the Appeal, arguing that the record of proceedings from the hearings held at the First Instance Division was missing. The record of proceedings includes the CSOs and respondents’ submissions. He added that, without it, the judges at the Appellate Division could not determine whether the First Instance Court erred in the ruling that they made.

However, the court could not grant his request. Instead, it ordered the four CSOs that filed the Appeal to file supplementary information so that the judges could hear the case.

The Appeal will be heard by a panel of judges from the Appellate Division of the EACJ, including Justice Nestor Kayobera, the division’s president; Justice Anita Mugeni, the Vice President; Justice Kathurima M’Inot; Justice Cheboriona Barishaki; and Justice Omar Othman Makungu. These judges, with their expertise in regional and international law, will review the Appeal and make a final decision.

The Appeal was filed by four CSOs, including the Africa Institute for Energy Governance (AFIEGO) from Uganda, the Centre for Food and Adequate Living Rights (CEFROHT) from Uganda, the Natural Justice (NJ) from Kenya, and the Centre for Strategic Litigation (CSL) from Tanzania, in December 2023. This was in response to the dismissal of their case, which sought compliance with the East African Crude Oil Pipeline (EACOP) with regional and international human rights standards, by judges at the First Instance Division of the EACJ in November 2023.

During the dismissal, the court ruled that the applicants filed the petition out of time, stating that the petitioners should have filed the petition as early as 2017 instead of 2020. The court also ruled that it did not have jurisdiction to hear the case, meaning it did not have the legal authority to decide on this matter. These decisions were based on legal precedents and the specific circumstances of the case.

The CSOs were ordered to file the record of proceedings by Justice Nestor Kayobera by November 29, 2024.

The court session was attended by EACOP-affected communities from both Uganda and Tanzania. Among them was Mr. Gozanga Kyakulubya, an affected person from Kyotera District in Southern Uganda, who traveled to Arusha to participate in the hearing. His personal story underscores the profound impact of the EACOP on the lives of these communities.

He shared his grievance, stating, “I came to the court because I have a lot of pain. My land was taken for the EACOP, and before I was paid, it was fenced off. The government of Uganda also sued me because I rejected the low compensation offered by EACOP. We need at least one court to be fair to EACOP host communities, and we hope the East African Court of Justice will be that court.”

The EACOP has been designed, constructed, financed, and operated through a dedicated Pipeline Company with the same name. The shareholders in EACOP are affiliates of the three upstream joint venture partners: the Uganda National Oil Company (8%), TotalEnergies E&P Uganda (62%), and CNOOC Uganda Ltd (15%), together with the Tanzania Petroleum Development Corporation (15%).

The 1,443km pipeline will eventually transport Uganda’s crude oil from Kabaale—Hoima to the Chongoleani peninsula near Tanga Port in Tanzania.

Climate activists and civil society organizations, however, continue to oppose the project, claiming that it will harm several fragile and protected habitats irreversibly and violate key agreements and treaties.

The potential environmental damage is a cause for concern among these groups.

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20 witness to testify against ex-land registration commissioner Mugaino

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Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The Inspectorate of Government (IG) says about 20 witnesses are expected to testify against former Commissioner for Land Registration Baker Mugaino.

Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The cancelled titles belong to Tropical Bank, Namayiba Park Hotel and businessman Gerald Akugizibwe.

The titles are for land comprising Kibuga Block 12 plots 658, 659, and 665 in Kisenyi; Kibuga Block 4 plot 152 in Namirembe, and Kyadondo Block 244 plot 2506 in Kisugu, Kampala district.

In a statement released on July 23, 2025, IG says the 20 complaints including Tropical Bank officials have recorded witness statements and are ready to give evidence against Mugaino in court.

The statement was released following an article published in the Independent Magazine titled, “IGG abusing her office”.

The IG said the article contains unfounded allegations against the person of the Inspector General of Government (IGG), Beti Kamya Turwomwe, questioning her decision to interdict, investigate and later prosecute Mugaino.

According to the IG, it is standard procedure for the IGG to issue orders to interdict a public officer if they have cause to believe that the officer might interfere with investigations.

The IG says the authority is derived from Article 230(2) of the Constitution of the Republic of Uganda and Section 13(6) of the Inspectorate of Government Act.

The IG states that the matter of Mugaino’s conduct while performing official duty is before court and, therefore, cannot be discussed in the public because it offends the sub judice law.

The IGG over the past four years has interdicted over 150 public officers, including six senior officers in the Office of the Prime Minister and many chief administrative officers.

Complaints

According to the statement, between December 2024 and April 2025, the IGG received 22 complaints against Mugaino alleging cancellation of certificates of title without following prescribed procedures under the law, removal of caveats without giving prescribed notices, double titling, issuing of special certificates of title while original ones exist, leading to multiple titling, cancellation of certificates of titles for disputes that would essentially be handled by courts with the intention of defeating Justice.

IG states that preliminary investigations found merit in the allegations and the IGG decided to launch a full-scale investigation in the office of the commissioner land registration.

Allegations

Prosecution alleges that between April 8 and 20 this year, Mugaino, while employed in the public service as commissioner of land registration, lands ministry in Kampala, abused his authority by arbitrarily performing acts prejudicial to his employer’s interests – the Government of Uganda, Tropical Bank Ltd, Akugizibwe and Namayiba Park Hotel.

He is accused of irregularly cancelling certificates of title his office had issued to Tropical Bank, Akugizibwe, and Namayiba Park Hotel.

The prosecution also alleges that Mugaino neglected his duties as stipulated in Section 88 of the Land Act and his schedule of duties as commissioner land registration, in April this year when handling a complaint about the land in question.

Background

Court documents indicate that on February 28, 2007, Businessman Mousa Lutwama Kizito obtained a credit facility of shillings 400 million from Tropical Bank using collateral constituting land at Kisugu in Kampala.

The documents further state that on August 18, 2007, Lweza Clays Ltd also obtained a credit facility from Tropical Bank using collateral consisting of land comprising Namirembe and Kisugu in Kampala and Lweza in Wakiso district.

Accordingly, Tropical Bank on September 25, 2007 registered the mortgages on the certificate of title.

However, Kizito and Lweza Clays defaulted on their loan repayments, prompting the bank to advertise the mortgaged properties after winning a court case.

Consequently, the bank on October 10, 2022, sold the mortgaged property at Namirembe to Akugizibwe for shillings 415 million. The bank also sold property at Kisenyi to Namayiba Park Hotel for shillings two billion.

The bank wrote to the Registrar High Court requesting the return of the mortgaged certificates of titles and bank guarantee as per the court order issued by Justice Stephen Mubiru.

The bank applied to the Commissioner Land Registration, requesting for special certificates of title upon failure to retrieve the mortgaged copies from the Registrar High Court (Commercial Division).

In a petition dated April 8, 2025, MBS Advocates, acting on behalf of Kizito and Luweza, requested the commissioner land registration to cancel the certificates of title for the land in question and Mugaino allegedly illegally removed court orders and caveats that had been lodged on the certificates of title, without any other orders from court.

Original Source: New Vision

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Controversy Erupts Over Clearing of Kitubulu Forest Reserve for Development

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The National Forestry Authority (NFA) is under growing criticism for allocating sections of Kitubulu Central Forest Reserve in Entebbe to private developers—an action environmental advocates say contradicts the agency’s mandate of sustainable forest management.

According to the NFA’s official website, the authority is responsible for managing Uganda’s 1.265 million hectares of central forest reserves sustainably.

However, the recent clearing of parts of Kitubulu forest for development has sparked public outcry and accusations of institutional mismanagement.

This move also revives concerns about historical encroachment in Kitubulu. In 2018, a private developer controversially fenced off portions of the reserve to build cottages.

In 2022, Entebbe Member of Parliament Michael Kakembo led efforts to dismantle illegal structures, citing violations of environmental protection laws.

Environmentalists stress that the reserve plays a vital ecological role, including filtering pollutants before they enter Lake Victoria.

“This forest is part of the lake’s natural filtration system,” said a local activist who requested anonymity.

“When you clear it for concrete, you’re endangering both biodiversity and public health.”

Scientific data supports the reserve’s importance in preventing contaminants from reaching one of Africa’s most critical freshwater sources.

Broader concerns over Uganda’s dwindling forest cover add to the controversy. Research by the International Union for Conservation of Nature (IUCN) shows forest land now covers just 1.9 million hectares—or 10% of Uganda’s total land area.

Much of this loss results from human activities such as deforestation for agriculture, charcoal burning, and unauthorized development.

While no direct peer-reviewed studies link NFA’s land allocations to specific ecological damage, experts warn that ongoing forest degradation threatens environmental stability.

Despite mounting criticism, the NFA has yet to issue a formal response explaining the legal and environmental grounds for the Kitubulu land allocations.

Pressure is growing for greater accountability and a thorough review of forest governance in Uganda.

Original Source: nilepost.co.ug

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Land Grabbing Crisis Escalates in Uganda: Mayiga Urges Citizens to Secure Land Documents

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The Katikkiro of Buganda, Charles Peter Mayiga has issued a stern warning about the widespread threat of land grabbing in Uganda, that is destabilising communities and robbing citizens of their rightful property. Mayiga’s remarks came during a strategic meeting with Masaza Chiefs at Bulange, the administrative heart of the Buganda Kingdom.

According to Mayiga, land grabbing is no longer an isolated issue but a well-organised scheme that thrives on exploitation of unclear land ownership, missing documentation, and the absence of rightful landowners.

“Land grabbing is becoming a national crisis,” Mayiga said. “It is being driven by people who have access to the district land boards, judicial offices, law enforcement agencies, and even local government leaders such as RDCs, RCCs, and LCs. They use these connections to manipulate the system and claim land illegally.”

Mayiga warned that if left unaddressed, the issue will not only affect individuals but also undermine national development, destroy community cohesion, and increase poverty through the displacement of vulnerable landowners.

To protect themselves, the Katikkiro urged all Ugandans—especially those in Buganda—to ensure that their land is properly documented.

He emphasised the importance of obtaining and safeguarding legal documents such as land titles, sale agreements, and clear boundary demarcations.

“You must secure your land,” Mayiga stressed. “Have the right documents in place. Make sure your land is clearly demarcated and that all agreements are formalised. This is the only way we can defend ourselves.”

Mayiga also called on cultural leaders, legal professionals, and local governments to assist communities in navigating land registration processes and to stand against corrupt practices that enable land theft.

Buganda, with its vast and historic Mailo land system, has been one of the regions most affected by land-related conflicts. The Kingdom has consistently advocated for stronger protections for landowners and reforms to reduce exploitation and legal ambiguity.

Source: NilePost

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