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Court issues fresh criminal summonses against army general, police chief and presidential representative and others in a private criminal case.

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By Witness Radio team.

A Chief Magistrate Court sitting in Hoima City in Hoima district has issued new criminal summonses against the thirteen (13) suspects including a Ugandan Army General, Hoima Rural District Police Commander, a Presidential representative among others to appear in Court on the 13th of November 2023 and be charged with several criminal and human rights violation offenses committed while forcefully evicting over 2500 local families to give way for an East African Crude Oil pipeline (EACOP) project.

Brig. Gen. Peter Akankunda Nabasa,  Gafayo Ndawula William, Kyakashari Micheal a Deputy Resident District Commissioner in Hoima, one Oketcha Micheal, Bogere Patrick,a Hoima Rural District Police Commander, one Kiiza Nathan Byarugonjo, one Oromo Luzira, a Local Council One Secreatary for Runga, one Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large accused of raping women, defilement, arson and criminal trespass among other offences.

The 1st accused person is the Deputy Commander of Uganda Peoples Defense Forces, First Division Kakiri in Wakiso District; The 2nd accused person is a Businessman with Businesses in Hoima District; the 3rd Accused is Deputy RDC Hoima District. The 4th accused is the Hoima Rural District Police Commander. The 5th, 6th, 7th, 8th, 9th, 10th, 11th, 12th & and 13th accused persons are residents of Kapapi Village and were agents of the evictors.

On Thursday, the 12th of October 2023, the 13 suspects had been scheduled to appear before the Hoima Magistrates Court to take pleas in Criminal Case File No. 877 of 2023. However, the proceedings did not commence as the trial magistrate was absent while other suspects had not turned up in court.

In the courtroom, only four of the thirteen suspects, namely Gafayo William Ndawula, Oketcha Micheal, Oromo Luzira, lawyers for Brig. Gen. Peter Akankunda Nabasa were present as required by the court summons. Notably, suspects like Kyakashari Micheal, the Deputy Resident District Commissioner of Hoima district, and Bogere Patrick, a Hoima Rural District Police Commander, among others defied the court summons.

On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs), through their lawyers Arinaitwe Peter and Company Advocates started a private criminal proceeding against the thirteen suspects in an effort to hold suspects accountable for their criminality and human rights violations.

Each charge attracts different punishments on conviction, as shown below;

Section 124 of the Penal Code states that the punishment for rape on conviction is liable to suffer death; the punishment for assault on court conviction is five years; the punishment threatening violence on court conviction does not exceed four years; the punishment for arson on court conviction is fourteen years; and Punishment for robbery, one has to suffer life imprisonment among others.

According to the charge sheet, the accused persons and their agents in the wee hours (1:00 AM) local time on February 10th, 2023, raided people’s homes without a court order with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms.

Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards from Magnum, a private security company, the suspects and their agents fired live bullets and tear gas into their houses, sexually abused women, set people’s houses ablaze, caused physical assaults and kidnaps, looted livestock, and food items and forcefully evicted project affected families off their land.

The actions of the accused led to the grabbing of 1294.99 hectares that were being lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district.

According to research findings by Witness Radio, the individuals involved in the Kapapi land grab are targeting to benefit from the potential compensation intended for community members, given that their land was identified to be impacted by the Tilenga Resettlement Action Plan 4, an EACOP project.

In one of the Resettlement Action Plan (RAP) reports, Total Energies Uganda identified Kapapi, Runga, Waaki, and Kiryatete villages as areas that will be affected by the proposed Tilenga Feeder Pipeline Component (RAP 4).

On the 13th of November, 2023,  all suspects are expected to enter their pleas regarding the charges filed against them.

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Campaigning LC I Chairpersons Barred from Land Transactions Until Polls End.

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The Ministry of Lands has restricted LC I chairpersons seeking re-election from handling land transactions until after the July 28 village elections to prevent fraud, disputes and irregularities during the campaign period.

The Ministry of Lands, Housing and Urban Development has temporarily barred Local Council I (LC I) chairpersons seeking re-election from participating in land-related transactions, citing concerns over possible fraud and disputes during the election period.

In a public notice issued on Thursday, the ministry directed all campaigning LC I chairpersons to stop witnessing, endorsing, recommending or overseeing land transactions until the electoral process is concluded.

The directive comes as campaigns for village chairperson elections enter the final days ahead of polling on July 28.

“The advisory has been issued as a precautionary measure to safeguard the integrity of land transactions during this transition period and to minimise the risk of disputes, fraud, or other irregularities that may arise,” the ministry said in the notice.

The ministry advised members of the public against relying on LC I chairpersons who are actively campaigning for services involving the witnessing of land sale agreements, verification of ownership, handling of boundary disputes or any other transaction requiring local administrative involvement.

Individuals with urgent land matters were encouraged to seek assistance from qualified legal practitioners or use other lawful channels until the elections are completed.

“The Ministry urges the public to exercise patience until the election process is concluded. This precaution will help prevent costly mistakes and safeguard the interests of all parties,” the notice added.

The temporary restriction comes amid continued concerns over land disputes, which remain among the leading sources of conflict in Uganda, with local leaders often playing a key role in verifying ownership and facilitating village-level transactions.

Although LC I chairpersons do not have the legal mandate to transfer land ownership or issue titles, they are commonly relied upon during land transactions because of their knowledge of residents and local land histories.

They often help confirm the identity of sellers, identify boundaries and witness sale agreements alongside members of their executive committees, providing community-level verification before transactions are completed.

Legal experts have previously cautioned that LC I endorsements only provide local credibility and do not replace formal requirements under Uganda’s land laws. Buyers are still required to conduct proper due diligence before purchasing land.

According to the Electoral Commission roadmap, elections for Village (LC I) chairpersons will be held on July 28 across Uganda’s 71,214 villages. Elections for Parish (LC II) chairpersons will follow on August 10.

The Ministry of Lands said LC I chairpersons will resume their normal involvement in land-related matters after the conclusion of the electoral process.

Source: nilepost.co.ug

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Mbale City Senior Lands Officer Charged with Abuse of Office Over Sale of Govt Property

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KAMPALA — A senior land management official in Mbale City has been arraigned before the Anti-Corruption Division of the High Court on charges of abuse of office and fraudulent procurement of a certificate of title after allegedly facilitating the irregular sale of government-allocated land to a private businessman.

Emmanuel Paul Kigaye appeared in court Tuesday following his arrest by the State House Anti-Corruption Unit in collaboration with the Criminal Investigations Directorate and the Office of the Director of Public Prosecutions.

According to the prosecution, between September 2019 and May 2023, Kigaye, while serving as senior land management officer at Mbale City, engaged in an arbitrary act prejudicial to his employer’s interests. He is accused of irregularly causing the Registrar of Titles at the Mbale Ministry Zonal Office to issue a certificate of title for Plot 27, Bishop Masaba Road, in the name of businessman Moses Wamatsembe.

The state alleges that the action was illegal because the plot had already been allocated to the Dairy Development Authority. Prosecutors further claim that Kigaye fraudulently processed and procured the registration of a freehold certificate of title — FRV MBA199 Folio 22, instrument number MBA-0009476 — for land measuring approximately 0.5040 hectares at the same location, still in Wamatsembe’s name.

Kigaye denied the charges. He was remanded to Luzira Prison and is scheduled to reappear in court July 16.

The case highlights ongoing efforts by anti-corruption agencies to tackle irregularities in land administration, a sector long plagued by disputes and allegations of malfeasance in Uganda. Land management officers wield significant influence over title processing and allocations, making the position susceptible to abuse when proper safeguards are bypassed.

The State House Anti-Corruption Unit, established by President Yoweri Museveni in December 2018 under Article 99(4) of the Constitution, was created to fast-track the resolution of corruption complaints received by the presidency. Since its inception, the unit has conducted more than 400 operations across more than 100 districts, resulting in the arraignment of more than 856 suspects and 150 convictions. It has also recovered billions of shillings in public funds and facilitated the interdiction of numerous corrupt officials.

The arrest of Kigaye forms part of the unit’s intensified scrutiny of public officials suspected of undermining government interests through corrupt land deals. Such cases often involve collusion between bureaucrats and private individuals to divert public resources for personal gain, eroding public trust in local governance and development authorities.

Court proceedings are expected to shed more light on the alleged transaction as investigations continue. Officials from Mbale City and the Dairy Development Authority have yet to issue public statements on the matter.

Source: pmldaily.com

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Kibaale Residents Raise Corruption Concerns Over Delayed Land Title Processing

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Residents of Kibaale District have accused officials of corruption and unnecessary delays in the processing of land titles, saying the challenges continue to fuel land conflicts and deny vulnerable communities secure land ownership. The concerns were raised during a Uganda Land Commission sensitisation on the Systematic Land Adjudication and Certification programme.

Residents of Kibaale District have raised concerns over alleged corruption and prolonged delays in the processing of land titles, saying the challenges continue to affect land ownership and fuel disputes within communities.

The concerns were raised during a community sensitisation meeting organised by the Uganda Land Commission (ULC) on the Systematic Land Adjudication and Certification (SLAC) programme, ahead of the issuance of more than 2,000 land titles covering 647 hectares (1,600 acres) of land purchased by the government from Fred Kasozi for beneficiary communities.

The land, located on Block 241, Plot 1 in Buyanga, covers Kasambya, Kineka A, Kikonge, and Kidukuule villages in Buyanga Sub-county, Kibaale District.

Residents welcomed the initiative but questioned why many beneficiaries under previous phases of the programme are yet to receive their land titles despite completing the registration process several years ago

They argued that the delays have created uncertainty over land ownership and contributed to an increase in land-related disputes.

Community members also alleged that corruption within the land administration process has made it difficult for vulnerable people to access land titles, with some officials reportedly demanding bribes before processing applications.

Ibrahim John Mulumba, a resident of Kibaale Town Council, said he applied for a land title more than six years ago but has never received it.

“Some of us processed our land titles over six years ago, but they have never been released. We believe some of the delays are because people could not afford to pay bribes. Corruption among some land officers has frustrated many applicants,” Mulumba said.

He further claimed that only a few people managed to obtain land titles through the intervention of adjudication committees.

Janepher Mbabazi, a resident of Kikonge A Village, accused some government officials of promoting corruption, which she said has contributed to increasing cases of land grabbing.

Matia Birungi, the LC I Chairperson of Kasambya Village, welcomed the government’s intervention, saying the programme offers a lasting solution to persistent land conflicts affecting communities.

Augustine Bugara from the Uganda Land Commission warned officials against engaging in corrupt practices, noting that such behaviour undermines government programmes intended to improve people’s livelihoods.

“Corruption sabotages government programmes and denies intended beneficiaries the services they deserve,” Bugara said.

Vincent Kasaija, the LC II Chairperson of Kibaale, applauded the government for rolling out the programme, saying secure land ownership would promote peaceful coexistence and create a stable environment for economic development.

Kenneth Kabyanga, Chairperson of Kibaale Town Council, urged the Commission to ensure that land titling is implemented in line with the town’s physical development plan to avoid future planning challenges within the central business area.

Tom John Kasenge, a Commissioner at the Uganda Land Commission, said the programme is intended to improve community livelihoods by securing land rights and reducing land-related conflicts.

“The programme is aimed at promoting community livelihoods through agriculture by securing land ownership and ensuring communities live in a conflict-free environment,” Kasenge said.

He explained that communities who have occupied the land as bona fide occupants would eventually receive legal ownership, enabling them to invest confidently in long-term development.

Kasenge also outlined the requirements for processing land titles, noting that beneficiaries would pay processing fees ranging between Shs30,000 and Shs40,000.

He said the exercise would begin with community mobilisation, followed by boundary opening, land surveys, plot subdivision, and eventual issuance of land titles.

Responding to concerns raised by residents, Kasenge assured the community that the Commission remains committed to addressing challenges affecting the programme and finding sustainable solutions to land disputes.

Meanwhile, Kibaale Resident District Commissioner Stephen Byaruhanga acknowledged the existence of corruption within the district’s land administration system, alleging that some officials attached to the District Land Board had frustrated legitimate applicants.

“There have been corruption tendencies involving some officials, and many people have failed to benefit because of those practices,” Byaruhanga said.

He requested the Uganda Land Commission to provide his office with records from previous land title processing exercises to facilitate investigations into cases where beneficiaries never received their titles.

“Having this information will enable the security team to investigate those who frustrated the process and ensure accountability,” he added.

John Byarugaba, a staff surveyor in the Kibaale District Lands Office, said preparations for the latest land title distribution exercise had been completed.

“We already have everything in place, including survey stones, and we are ready to begin the exercise,” Byarugaba said.

He explained that under Block 244, Plot 20 in Karuguza, 912 land titles were processed and all beneficiaries received them, while under Block 178, Plot 1 in Nyamarunda Town Council, 1,517 land titles were processed, although a few remain uncollected.

He added that approximately 200 land titles under Block 244, Plot 19 in Buyaga, Karuguza, are still pending processing.

Source: nilepost.co.ug

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