By Witness Radio team
Instead of the justice they have long fought for, they say the court is now pushing them to accept a government compensation package they have already rejected, a situation that is profoundly unjust and disheartening.
The courtroom was tense as government lawyers, representing the Attorney General, bluntly warned the applicants: “If you win this case, we shall appeal. When you win in the court of Appeal, we shall go to the Supreme court, like that. The best idea would be for you to accept the compensation that was given to you by the government.” Senior Attorney Kadoli Wanyama, who represents the government, revealed to an audience of more than a hundred evictees who had attended court.
The message was clear: take the compensation or risk being dragged through endless appeals. “My Lord, the Cabinet already approved money for these people. We are ready to pay them. If anyone wants it, they should come at any time and pick it.” He further added.
For the residents, the offer is not only inadequate but also unjust, a reason why they initially rejected it. The government used compensation rates from more than 20 years ago, and the exercise considered only property, such as houses, rather than the land itself, which was their primary source of livelihood.
“If it (compensation) were paid long ago, maybe it would have helped us,” said Sekiligi Lawrence, one of the applicants. “But now, how do you pay someone that little money, for example, like one million shillings, after all these years of suffering? The offered compensation is unfair. If the government wants us to take it, let it be fair.”
The presiding judge, Justice Tadeo Asiimwe, appeared to echo the same position, questioning why the applicants were reluctant to accept. “If government is willing to give you money, why are you stuck?” he asked. He went on: “Whoever wants the money that the government offered, it’s still available. Those who want to fight to the end, we have selected you; we shall persevere to the end. When you don’t have evidence, you will be done. Whether it takes many years, wait for the consequences.” He shockingly added.
To the residents, the judge’s words felt less like guidance and more like intimidation. “The court we ran to for fair treatment is instead bundling us to accept government terms,” a resident whispered while we left the courtroom. “We feel abandoned by the very system meant to protect us. They are now pressing us, the ordinary people, to let the big giant live freely.” This sense of betrayal is palpable.
“We have lived without our land for more than 20 years. If justice takes longer, we will still wait, but it must be real justice, not intimidation.” This resilience in the face of adversity is truly inspiring.
The case dates back to 2002, when more than 2,000 people from four villages in Mubende District sued the government of Uganda and Kaweri Coffee Plantation, a subsidiary of the German coffee giant Neumann Gruppe, for grabbing their land. The lawsuit followed a brutal eviction in August 2001, when residents from Kitemba, Luwunga, Kijunga, and Kiryamakobe in Madudu sub-county in Mubende district were violently forced from their homes by security forces to make way for the plantation. Families lost not only their houses, but also their farmland and livelihoods. Since then, they have endured a drawn-out legal battle, accusing both the government and Kaweri of orchestrating an unlawful eviction without fair compensation or resettlement.
In 2013, the High court ruled in favor of the communities, declaring the eviction unlawful and awarding compensation to the tune of 37 billion Ugandan shillings.
However, the government and Kaweeri investor appealed, and later in July 2015, the court of Appeal set aside this ruling and ordered a retrial. This decision to order a retrial meant that the communities were once again thrust into a prolonged legal battle, prolonging their wait for justice and exacerbating their already dire living conditions.
By July 2019, the case was before High court Judge Henry Kaweesa, who ordered mediation. The government offered UGX 1.9 billion as compensation. More than half accepted the government’s offer, while the rest objected.
The case currently before the court involves 143 families who rejected earlier government negotiations, citing unfair compensation and lack of transparency in the mediation process. These families, who have been at the forefront of the fight for their land rights, now face the daunting prospect of a full trial to secure what they believe is fair compensation.
“Out of 401 families, 258 accepted the settlement, while 143 rejected it. Those who rejected the offer opted for a full trial. We are 143 heads of families, and now the case was referred to the Mubende High court.” Mr. Kayiira told the Witness Radio team recently.
The retrial of the Kaweri case, which began on August 25th, is scheduled for four consecutive hearing days until August 28th. During this time, more than six witnesses have taken the witness stand, providing crucial testimony to support the communities’ claims. The outcome of this retrial will determine whether the 143 families will finally receive the justice and fair compensation they have been fighting for.
