By Witness Radio Team.
As evictions continue to rise in Uganda, affected local communities frequently turn to the courts of law in search of legal remedies. However, the outcomes of these legal actions are often disheartening.
This unfortunate trend encompasses a range of issues, including prolonged court proceedings, decisions that favor wealthy and politically connected individuals and other challenges.
An example can be drawn to Kaweeri coffee victims. It is now 22 years since Peter Kayiira and his community of over 4000 people were forcefully evicted from their land by soldiers from Uganda People’s Defense Forces and police personnel to pave the way for a largescale coffee plantation in Kaweeri, Mubende district without a court order or alternative settlement.
Victim communities ran to court to get justice, but the pursuit has never succeeded, and communities remain at the mercy of God.
On a fateful day in 2001, bulldozers under the protection army and anti-riot police destroyed settlements of villagers in Kaweeri to clear the area for coffee growing. Property worth millions and cultural sites got demolished.
In their quest to regain their land and compensation for the damages that occurred during the evictions, some locals represented by Mwesigwa Rukutana filed a petition in the High Court in 2001.
On March 28, 2013, High Court Judge Anup Singh Choudry ruled in favor of the plaintiffs and awarded them Shs37b, about USD 10.6 million. However, this ruling was subsequently applealed against. In July 2015, the Court of Appeal in Kampala overturned the initial judgment and ordered a retrial at the High Court under a different judge.
On July 2, 2019, the plaintiffs appeared before High Court judge Henry Kaweesa who ordered mediation. Mr. Kayiira adds that on December 16, 2019, Uganda government agreed to compensate them but without interest, a tune of Uganda shillings 3.8 billion.
He added that upon the decision, two groups developed; one of 258 families that consented to this agreement and another 153 families rejected the compensation.
“The initial group of claimants who agreed to the compensation terms entered into a consent judgment with the Government. This agreement stipulated that they would compensate, and the terms were to be fulfilled during the financial year 2021-2022. Despite the signing of agreements, the government has not fulfilled any of the agreements.” He added while speaking to Witness Radio.
But those who declined the compensation because it was very little compared with what they lost in the illegal evictions chose to pursue further with the case. The High Court ordered them to amend their pleadings, which fulfilled. Their case will be coming to the High Court in Mubende for the first time on September 6th, 2023.
Numerous communities in Uganda have encountered prolonged delays if it’s a land related matter in Ugandan Courts of law. However, these pose significant negative impacts on individuals and communities negatively impacted by irresponsible businesses.
While opening the 31st sitting of Buganda Kingdom parliament (Lukiiko) at Mengo – Kampala, His Majesty the King of Buganda, Ronald Muwenda Mutebi II, called upon Uganda’s Judiciary to prioritize and expedite land related matters.
Buganda is a Bantu kingdom within Uganda of the Baganda people, which is one of the largest traditional kingdoms in present-day in East Africa.
“We know many people continue to face illegal land eviction issues. Regrettably when they seek justice, the process is often prolonged, causing significant delays in delivering rulings on these crucial land cases. Our earnest appeal is for the courts to expedite the hearings and resolutions of such cases,” reiterated the King.
Witness Radio has observed that due to the prolonged delays in court proceedings, a distressing outcome is that many individuals eventually opt to abandon their court cases, which stems from a lack of confidence in the judicial system.
“Majority of land cases in court are not only pro-longed but very expensive to already wounded community. Witness Radio – Uganda welcomes the King’s voice of concern in the on-going struggle for justice of poor communities impacted negatively by investments.” Said a researcher at Witness Radio – Uganda.
