By Witness Radio team.

Mubende – Uganda: police personnel deployed to defuse land conflicts between worrying factions in Kirwanyi and Kituula parishes in Butoloogo sub-county, Mubende district has taken sides. Under the command of Mubende District Police Commander (DPC) Ayatollah Kapchmu, police are now conspiring with land grabbers to forcefully and violently evict locals, criminalizing homes and family fields for local leaders, community activists, and land rights defenders opposed to their method of work.

In July 2023, Witness Radio – Uganda published an article concerning a couple murdered in cold blood in Mubende district. The couple (late Naava Milly Namutebi and her husband, late Abdallah Kayizzi) were claiming ownership of 906.496 hectares. Late Naava and the husband before being killed, were allegedly caught harvesting maize/corn belonging to a kibanja holder. 

The land targeted covers 16 villages namely Kirwanyi Central, Kirwanyi East, Kirwanyi West, Nakasagazi, Kituule A, Kituule B, Kibalagazi A, Kibalagazi B, Kakkanembe, Bukyambuzi A, Bukyambuzi B, Kisende, Mulanda, Kituule central, Kirwanyi A, and Butayunja in Kirwanyi and Kituule parishes in Butoloogo Sub County in Mubende district and had been a home to over 4000 bibanja holders.

Shortly after the incident, Mubende district police under the command of Ayatollah, police personnel were deployed to maintain law and order in the area. Unfortunately, the police lost the impartiality test instead joined the family of the deceased to target community defenders and activists demanding land justice for the community with arbitrary arrests, framed with cooked-up criminal charges and imprisonment.

So far, Witness Radio has recorded eight (8) people framed, charged, and sent to prison, identified as the Kirwanyi Local Council one Chairperson Bangirana Innocent, Kaseekye Mugonjo, Tumusiime Benjamin, Byakatonda Harman, Biirijja Job, Zaina Kakayire, Nabasiita Maria and Rukundo Prince. All have been charged with various offenses, including murder, aggravated robbery, and attempted murder and others, and are currently on remand at Kaweeri government prison.

The arrests have triggered a wave of fear among community members, leading many to flee their homesteads to escape police persecution. However, Witness Radio has uncovered that the deceased’s family with support from police, is taking advantage of this situation, during which people are away from their homes to seize and take control of their plots of land (bibanja).

In Uganda, Kibanja ownership is defined under the Land Act Cap 227, (Section 29(1)(a)(i) as a lawful occupant falling within registered land particularly described as Mailo land tenure system, while a landlord is referred to as a property owner (including their authorized agent) who rents or leases that property (such as land, houses, or apartments) to another party in exchange for rent payments according to the Landlord and Tenant Act, 2022

Uganda is one of the countries whose majority of land has no certificate of ownership, according to a report from Land Links, USAID’s knowledge-sharing platform focused on land tenure and property rights to improving land and resource governance and strengthening property, only 15%–20% of the land in Uganda is registered, leaving a bigger vacuum.

Witness Radio research reveals a disturbing pattern in which people’s homes and crops are demolished and destructed, with no meaningful intervention from area leaders. Furthermore, those seeking to reclaim their land rights often face intimidation in the form of arrests, as they attempt to reoccupy their property.

According to community members who preferred anonymity due to the sensitivity of the matter and numerous belongings have been pilfered following the unabated destruction, and their gardens are now being occupied and used by police and late Naava’s family members. Valuables like iron sheets and food crops have been looted as police appear incapable of preventing these incidents, which are causing significant distress to the residents in the area.

At night, police together with members of the deceased’s family, ransack people’s homes, plunder housing materials, ruin crops that are almost ready for harvest, illegally evict, and take possession of grabbed land.

According to one of the area leaders, more than ten families have lost their property (garden fields, houses among others) in the recent move. 

“These community members have not only experienced the loss of their property but also face harassment as they attempt to resettle. Both the police and Naava’s family falsely accuse them of being involved in the deceased’s death. In instances where they are found residing in other areas, their homes are destroyed, and they are forcibly told to relocate,” said a leader.

When contacted, the Regional police spokesperson of Wamala Region, Racheal Kawala revealed that she unaware of any violent incidents in the area.

“I am not aware of what you are telling me. Talk to the District Police Commander of Mubende,” she said.

By press time, Witness Radio had been unsuccessful in securing an interview with the District Police Commander on the same issues, as our repeated calls remained unanswered.

The Mubende district, Deputy Resident District Commissioner, Mr. Birungi Abubakar revealed that people were allowed to reoccupy back to their land and wondered why the police would allow the family of the deceased to illegally destroy people’s homes, and gardens and loot their property.

“In the recent meeting, if I remember well, last month when we held it, we refused the police to intimidate bibanja holders with arrests, also agreed that these people should reoccupy their land, and the status quo be maintained,” he revealed in a phone interview with Witness Radio on Monday 23rd of October.

One of the officers at Mubende Central Police Station confirmed having received reports of evictions and destruction of property within those areas. 

“Yes, we have received such kind of reports and have urged the affected people to always come and report so that we kick start the investigations.” An officer who preferred to be anonymous told Witness Radio.