By Witness Radio team
The High court in Mubende has resumed the retrial of a long-standing land-grabbing case in which hundreds of families are seeking justice over a brutal land eviction carried out more than two decades ago by government armed groups to pave the way for the Kaweeri Coffee Plantation, owned by a German investor.
Hundreds of evictees, mostly elderly and middle-aged, attended the hearings with the hope of finally resolving this long-standing case and securing justice in their favor. The High court judge scheduled four consecutive hearing days, from the 25th to the 28th of August, noting that the case had been in court for a long time.
“We have turned up in large numbers because we want justice. We have come to see what is happening in our case,” said a grey-haired Nakayinga, a victim of the Kaweeri eviction, in an interview with Witness Radio. She managed to attend both court sessions, trekking from her home in Kiryamakobe village to the Mubende High court. Their collective presence is a powerful symbol of their unity in the fight for justice.
As of the writing of this story today, several witnesses have been lined up in the retrial case before Justice Asimwe Tadeo. The Attorney General’s Chambers, representing the government, will cross-examine witnesses on the evidence they previously submitted to the honorable court. The Attorney General’s Chambers is a government department responsible for providing legal advice to the government and representing it in court cases.
According to the case petition, in August 2001, more than 2,000 people were violently evicted from Kitemba, Luwunga, Kijunga, and Kiryamakobe in Madudu sub-county in Mubende district. Security forces, including the army and police, enforced the eviction on behalf of the Ugandan government to hand the land to Kaweri Coffee Plantation Ltd. The displaced families accuse both the government and the company of rendering them homeless without adequate 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. The court’s ruling was based on evidence of the violent eviction and the failure of the government and the company to provide adequate compensation or resettlement to the displaced families.
However, the government and Kaweeri investor appealed, and later in July 2015, the court of Appeal set aside this ruling and ordered a retrial.
By July 2019, the case was before High court Judge Henry Kaweesa, who ordered mediation. The government offered UGX 1.9 billion, while residents argue that some were previously compensated, an assertion they contest as contradictory and unjust.
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.
During mediation, the residents were split. Out of the 401 families initially affected, 258 accepted the government’s settlement and dropped their claims. The remaining 143 families rejected the offer and insisted on a full trial. Their case was later referred to the Mubende High court.
In this case, the government is represented by Attorney Kadoli Wanyama from the Attorney General’s Chambers. In contrast, Kaweeri Coffee Plantation is represented by Mr. Alex Rezida, and Mr. Katabalwa Francis represents the plaintiffs.
The victims in their claims seek restitution for their land and compensation for damages to their lost property. Peter Kayiira, one of the lead petitioners, expressed optimism about the case outcome:
“It is great that the court has once again started hearing our case, a retrial. We had won the first case, but the government and the company appealed and later won. The case was then ordered to be heard by another judge, and it is now before this honorable court. We believe the court will rule in our favor,” he further added.
Justice Asiimwe scheduled the retrial for August 25th to 28th, and the closing of the case.
