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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

How politically connected individuals abuse their powers to grab land from poor communities; a case of a Ugandan presidential aide

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4 years ago

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Mrs. Grace Majoro Kabayo, (standing in the middle) in a meeting that was blocked by residents.

By witnessradio.org Team

As the demand for land for land based investments soars, the middleman’s role in the unlawful land transactions between investors and government agencies remains crucial in the broader scheme. The middleman business has become a lucrative venture in Uganda; more people are being recruited into it. For a public servant with access to vital information from land registries, the business is a goldmine. Middlemen are grabbing land for investors.

From the stage of land grabbing to investing, middlemen resort to the use of violence orchestrated by both police and other security agencies; at this point, high levels of impunity are exhibited, land rights defenders and land owners who demand for justice are then arrested for non-existent offences.

Witness Radio – Uganda records show that a reasonable percentage of grabbed land from poor communities in the country have for instance remained undeveloped.

In Mubende District, Central Uganda, residents accuse Mrs. Grace Majoro Kabayo a Senior Presidential Advisor for using her position to fraudulently acquire their land using police and officials from the Ministry of Lands. Ironically, Kabayo advises the President of Uganda on Pan-Africanism, and doubles as the Executive Secretary of the Pan African Women Organization’s PAWO Eastern Africa chapter, where she oversees the organization’s day-to-day activities.

Mubende District according to Witness Radio – Uganda figures, is ranked as one of the districts with the highest incidents of forced and illegal evictions and has registered with more than five cases since the year 2021 started.

Mubende District is bordered by Kyankwanzi District to the north, Kiboga District, Kassanda to the northeast and Mityana District to the east. Gomba district and Sembabule District lie to the south, whereas Kyegegwa District to the southwest and Kibaale District to the northwest.

Mrs. Kabayo with her political influence is allegedly using survey and boundary opening tactics to grab 625 Ha of land for thousands of inhabitants, which she has never lived on or owned.

According to locals, this is not the first time for the presidential advisor to engage into land grabbing, in 2017 while accompanied by the police in Mubende, she forcefully surveyed and grabbed 20 square miles and now wants to expand.

It is anticipated if Kabayo succeeds with the land grab, more than 5000 people on five villages comprising Kattambogo A, Kattambogo B, Rwobushumi, Rwonkubi and Nyaruteete, in Kigando-Buwekula Sub County in Mubende district, will lose their livelihood.

A letter dated 29th March, 2021, signed by the Permanent Secretary, Ministry of Lands, Housing and Urban Development, Mrs. Docus Okalanyi which Witness Radio – Uganda obtained a copy, okayed the move by the president’s advisor to open boundaries on land located at block 379 and all adjacent blocks which include: 378, 380 and 381 a process which the residents opposed.

Without any prior notice to the residents, Kabayo accompanied by the officers from Ministry of Lands, State House officials, and security personnel for the Uganda Peoples’ Defence Forces (UPDF) and Uganda Police had planned to conduct a rally at Nyarutete, one of the 5 villages, but was blocked by the angry residents.

Mr. Ruzhoga Laurent, 53, a resident of the village from birth, said, they have been facing threats of forced evictions for the last three years by Kaboyo. He asserted that his family would not leave the land for an imposter. Ruzhoga added that he would only leave as a corpse.

Jordan Byakatonda, an area land committee, chairperson said, the land targeted is public land with people on living on it.

He said, any person who wishes to get a leasehold on public land must first show his or her interest in the land before picking application Form 8 from the District Land Office or Area Land Committee, fill it, and attach 4 passport photos. He stated that the area land committee’s mandate involves receiving applications and issuing notices for public hearings concerning land ownership using Form 10, Byakatonda observed that Kaboyo had not engaged the committee during the process.

Information Sources from Mubende district preferring anonymity for security reasons accused some government officials of manipulating the stated legal procedures and guidelines. “Everything is coming from the center (ministry) instead of starting from an area where the land is located”, said the source.

“The first time we saw her, she was grabbing land and now she has come back to take ours. When she was asked by the land probe committee headed by Justice Catherine Bamugemereire why she had surveyed the land forcibly, she replied that she never surveyed any land and did not know those people,” another villager who preferred anonymity said.

According to guidelines of Ministry of Lands, Housing and Urban Development Planning Act, 2010 and Land Act, Cap 227, state that;

Any applicant for a leasehold on the public land must have in his/her possession fully completed form 4,10,19 23, a set of 3 authentic deed plans, 3 passport photographs, receipts of payment and a forwarding letter requesting for a freehold title signed by the District Land officer of the respective district where the land is located.

Step 2

The applicant presents the full set of original documents in duplicate and a photocopy of the same to the department of land administration for checking.

The photocopy is stamped received and returned to the applicant. The applicant checks with the department of land administration after 10 working days to confirm their approval or rejection.

Step 3

Once approved the documents are forwarded to the department of the land registration for issuance of a freehold land title. The applicant checks after 20 working days.

Step 4

The applicant presents the photocopy given to him/her by the department of land administration stamped, received and identification documents on collecting the freehold Title. The applicant signs for the title and the photocopy is stamped returned on completion.

Documents required include; Deed plans, set of passport photographs, general receipts of payment and a requesting letter. Fees paid at the ministry. Registration fees-10,000#, Assurance of the title- 20,000#, issuance of the title-20,000#.

The preliminary steps that involve the Area Land Committee were not complied with by Mrs. Grace Majoro Kabayo as she acquired land that accommodates thousands of people.

Related posts:

Some of the affected community members in a meeting after learning about a looming eviction by Tibikaku Uganda limited.
Land grabs: Officials in Mubende district are colluding with economically powerful and politically connected people to grab local communities’ land. Multinationals use COVID-19 crisis to violently grab land of poor communities with impunity A local businessman embroiled in land-grab scandals, is in a new case of illegal land eviction Agilis Partners/Asili Farms resort to torture to disempower and grab land from the poor …….Special Report; abridged testimony……. ABDUCTION AND TORTURE: New methods used by multinationals and security agencies to grab land from the poor communities…

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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: Buganda Road Court grants bail to 15 stop EACOP activists after 30 days in prison.

Published

2 weeks ago

on

December 11, 2024

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By Witness Radio team.

The Magistrate at Buganda Road Court has granted non-cash bail to 15 stop EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities. They spent 30 days in detention at Luzira Maximum Security Prison on charges of common nuisance.

After the defense lawyers successfully applied for bail, on 10th December, the trial magistrate, Her Worship Nankya Winnie, granted a non-cash bail of 500,000 Uganda Shillings (approximately 136.50 USD) for each activist and their sureties.

The hearing of the bail application for the EACOP activists flopped yesterday. It was adjourned after it was reported that the then-presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another duty station and replaced by Her Worship Nankya Winnie.

The accused activists are all young students from the universities mentioned above. The students include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been controversial due to its potential environmental impact, including the risk of oil spills and deforestation, and the alleged human rights violations associated with its construction, such as forced evictions and land grabbing.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker and raise concerns about the EACOP project. The peaceful march reiterated numerous concerns raised by civil societies and the European Parliament about the project’s negative impacts.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On 11th November, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. This charge, frequently imposed against individuals peacefully protesting in Uganda, has notably been used against Stop EACOP activists. While common nuisance addresses acts causing inconvenience or disruption to the public, it is crucial to emphasize that the accused were engaged in peaceful protest, causing no harm or disturbance.

The prosecution alleges that on 11th November 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, which seems unjust given their peaceful protest. It’s important to note that their protest was non-violent and aimed at raising awareness about the potential negative impacts of the EACOP project.

The court has adjourned the case to 16th January 2025 for a hearing.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Breaking: The Bail Application for the 15 EACOP Activists flops for the second time, as the trial magistrate is reported to have been transferred.

Published

2 weeks ago

on

December 10, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand at Luzira Maximum Prison on charges of common nuisance has flopped for the second time due to the absence of the presiding magistrate.

The prosecution stated that the bail application could not proceed because the presiding magistrate, Her Worship Sanula Nambozo, had been transferred to another court. As a result, the case file was allocated to a new magistrate, Her Worship Nankya Winnie. She rescheduled to hear the bail application for today, October 10th, 2024, at 9 a.m. EAT.

The bail application for the 15 activists has faced yet another setback, marking the second failed attempt.

This delay in the bail application process means that these young students continue to be held in remand at Luzira Maximum Prison, a situation that is undoubtedly taking a toll on them. On November 16th, 2024, the bail hearing was disrupted due to the absence of two student activists, Wafula Simon and Kalyango Shafik. During that court session, the prosecution informed the court that both individuals were unwell, suffering from red eyes, and had been placed in isolation at the prison hospital.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

The 15 were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The EACOP project, a major oil pipeline, has been a subject of controversy due to its potential environmental impact and the alleged human rights violations associated with its construction.

Despite the risks, the activists marched to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project. Their persistence in the face of adversity is truly inspiring.

The EACOP project, which will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport, has been criticized for delayed compensation for affected persons and secretive agreements. The potential impact on the environment and human rights is a cause for concern.

On November 11th, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction. The charge of common nuisance is often used in cases where individuals are accused of causing inconvenience or disruption to the public, but it is important to note that the accused were peacefully protesting and causing no harm.

The prosecution alleges that on November 11th, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm. Yet, they were charged with common nuisance, a charge that seems unjust given their peaceful protest.

The third attempt for the bail application of the 15 activists has been rescheduled for hearing today at 9 a.m. EAT before Her Worship Nankya Winnie of the Buganda Road Court.

Related posts:

Buganda Road Court will hear a bail application for 15 EACOP activists today. A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament Breaking: Mwanga II Court grants bail to two defenders and a Project Affected Person (PAP).1
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DEFENDING LAND AND ENVIRONMENTAL RIGHTS

Buganda Road Court will hear a bail application for 15 EACOP activists today.

Published

2 weeks ago

on

December 9, 2024

By

By Witness Radio team.

A bail application for the 15 EACOP activists from Kyambogo and Makerere University Business School (MUBS) Universities currently on remand on charges of common nuisance will take off today.

On November 16, 2024, attempts to apply for bail for the 15 students flopped due to the absence of two activist students in court.

The prosecution informed the court that Wafula Simon and Kalyango Shafik were sick and suffering from red eyes. They were placed in an isolation room in the prison hospital, thus causing a setback to earlier bail application attempts.

The activists on remand, all young students, include Simon Peter Wafula, Gary Wettaka, Martin Sserwambala, Erick Ssekandi, Arafat Mawanda, Akram Katende, Dedo Sean Kevin, Noah Katiti, Oscar Nuwagaba, Oundo Hamphrance, Bernard Mutenyo, Nicholas Pele, Shadiah Nabukenya, Shafiq Kalyango, and Makose Mark.

They were arrested in early November 2024 for protesting against the East African Crude Oil Pipeline (EACOP) project in Kampala, Uganda’s capital. The activists, undeterred by the risks, were marching to Uganda’s Parliament to meet the Speaker of Parliament and raise concerns about the EACOP project, including the continued gross human rights violations/abuses, the significant threat it poses to the environment, and the criminalization of the mega project’s critics.

The EACOP project will transport crude oil from Uganda’s Albertine region to Tanzania’s Tanga seaport. The project has been criticized for delayed compensation for affected persons and secretive agreements.

On November 11, the accused were charged with common nuisance. Section 160 (1) of the Penal Code Act states that anyone charged with common nuisance is liable to one-year imprisonment on conviction.

The prosecution alleges that on November 11, 2024, the accused gathered at Parliamentary Avenue, peacefully expressing their dissent and causing no harm, yet they were charged with common nuisance. They were accused of causing disruption and inconvenience by holding an unauthorized demonstration on the road while displaying placards and banners opposing the oil pipeline.

The bail application for the 15 activists will be presented before Her Worship  Sanula Nambozo the Grade One Magistrate of Buganda Road Court.

Related posts:

Some of the 15 activists standing in the court dock.
A bail application for the 15 EACOP activists failed to take off, and they were remanded back to Prison. Breaking: 15 Anti-EACOP Activists have been charged with common nuisance and remanded to Luzira prison. Mubende Land Grab: Anxiety as court finally fixed a date to hear bail application for seven Formasa victims Mubende Land Grab: Judge declines to hear bail application, sends suspects back to prison Breaking: 15 Anti-EACOP Activists Arrested in Kampala While Marching to Parliament
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