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UPDF General, District Police Commander, and Presidential Representative defy Court summonses for the second time as DPP takes over the EACOP-PAP’s case.

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By Witness Radio team.

The office of the Director of Public Prosecutions in Hoima has taken over the private prosecution case filed by Arinaitwe Peter and Company Advocates on behalf of an East African Crude Oil (EACOP) Project affected community against the Army General, Presidential Representative, District police Commander, and 10 others accused of violently and illegally evicting over 2500 lawful residents from their land they had called home for decades.

On 11th/09//2023, the East African Crude Oil Pipeline (EACOP) Project-Affected Persons (PAPs) started a private criminal proceeding against the thirteen suspects including Brig. Gen. Peter Akankunda Nabasa, Gafayo Ndawula William, Kyakashari Micheal, one Oketcha Micheal, Bogere Jackson, one Kiiza Nathan Byarugonjo, one Oromo Luzira, a Local Council One Secretary for Runga, one Mukindo Bosco, Okethi Bosco, Oming Jacob, Muswa Micheal, Kawiya Henry, Ningaling Joseph, and others still at large in an effort to hold them accountable for their criminality and human rights violations committed during the Kapapi brutal evictions.

Criminal case file no. 877 of 2023 at Hoima court contains various criminal offenses namely; sexual abuse, rape, criminal trespass, arson, looting properties, battering people, and forcefully evicting residents from their homes, which constitutes a violation of the non-derogable right to freedom from torture, cruel, inhumane, and degrading treatment, as guaranteed under Article 23 And 44 of the 1995 Constitution of the Republic of Uganda.

The court session, scheduled for 9 am, faced a delay due to the state attorneys’ late arrival caused by prior engagements. Despite this, the Court commenced proceedings and began by addressing an application submitted by the ODPP on October 10, 2023. This application aimed to grant the ODPP permission to take over the prosecution, citing constitutional mandates and legal provisions.

During these proceedings, key figures including the Army Gen. Brig. Gen. Peter Akankunda Nabasa, Presidential representative, Kyakashari Micheal, and District Police Commander Bogere Patrick, among others, defied the Court’s second summonses issued against them to present themselves before Court. Simultaneously, several other individuals related to the case including Gafayo William, a Hoima-based businessman, Oketcha Micheal, Orumu Luzira, and Oming Jacob were present in Court.

Lawyers for the EACOP community objected to the ODPP’s involvement, raising concerns about potential biases, lack of transparency, the application’s failure to meet the standards outlined in Article 120, Clause 4(a) of Uganda’s Constitution, and the DPP office’s past alignment with the accused. The defense highlighted instances where the ODPP allegedly favored the accused, disregarding serious complaints filed by the community and even resulting in the wrongful imprisonment of the complainants.

“The very office seeking to take over this case was previously instrumentalized by the accused individuals to criminalize the complainants, resulting in the complainants being charged with multiple offenses and imprisoned for periods ranging from three to five months. Moreover, this same office has failed to act on filed cases and complaints by community members against the suspects. For instance, a reported gang rape case at Kitoba police referenced HMD-GEF-003 of three women belonging to the Kapapi community where the 4 suspects include; the District Police Commander, remain unaddressed. How can trust be placed in an entity that has previously been utilized in a manner seemingly benefiting the accused, while overlooking serious complaints filed by the community?” Lawyer Arinaitwe Peter who represented residents asked Court. 

In their rejoinders, the DPP’s office, led by state attorneys Catherine Nakaggwa and Crispus Ceaser Naloda, reiterated that the Director of Public Prosecutions (DPP) holds the right to appear in any court proceeding, regardless of the stage of the trial initiated under private prosecution emphasizing the DPP’s authority to orally address the court regarding their intention to assume control of the ongoing criminal proceedings.

In addressing concerns about impartiality and transparency, the attorney stated that the lawyers representing the victims will be closely monitoring the proceedings to ensure clarity and fairness. They emphasized that the victims’ legal representatives will “watch a brief,” allowing them to observe and comprehend every step taken by the DPP’s office as they execute their mandate.

While giving her ruling on the submissions, Grade One Magistrate Stella Mwali of the Hoima Court referenced Article 120(3)(c), which grants the Director of Public Prosecutions (DPP) the authority to assume control and proceed with any criminal proceedings initiated by another individual or authority to grant their request.

“The charges are criminal in nature and the court sees no powerful reason to object the DPP’s office from taking over this case and exercising its mandate.” Her worship said in a ruling.

The 13 accused persons and their agents in the wee hours (1:00 AM) local time on February, 10th 2023, raided people’s homes with dozens of unidentified armed individuals, donning Uganda Police Force (UPF) and Uganda People’s Defense Force (UPDF) uniforms. 

Acting under the orders of DPC Bogere and Brigadier Nabasa, along with armed guards affiliated with Magnum, a private security company fired tear gas and live bullets into their houses, sexually abused women, set people’s houses ablaze, physical assaults, kidnaps, looted livestock, and food items and forced eviction of over 2500 people from their land.

The actions of the accused led to the grabbing of 1294.99 hectares of land that were being lawfully occupied and cultivated by thousands of locals in the villages of Waaki North, Kapapi Central, Waaki South, Runga, and Kiryatete within Kapapi and Kiganja sub-counties in Hoima district 

Their actions were aimed at positioning themselves to benefit from compensation related to the community’s land, earmarked for an EACOP (East African Crude Oil Pipeline) project scheduled to be developed on this territory.

The private prosecution case of the 13 suspects will re-appear in the same court on the 19th of December 2023 with plea taking.

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Rwot Acana, UPDF clash over evictions from govt ranches

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The Acholi Paramount Chief, Rwot David Onen Acana II, has accused the Uganda People’s Defence Forces (UPDF) soldiers of using excessive force during the eviction of his subjects from disputed land in Acholi and Aswa ranches in Angagura Sub-County, Pader District.

Rwot Acana, who visited the area on July 25, accused soldiers involved in the eviction of using unnecessary violence, beating locals and firing gunshots into the air. The eviction began last Monday in the villages of Juba, Gogwiri, Pabit, Aringobot, and Bira. The army aimed to remove about 700 households accused of illegally occupying the ranch land.

At a meeting held at Corner Ranch, Rwot Acana called on the UPDF to halt the ongoing eviction, urging authorities to first remove the Balalo pastoralists off land they occupy as per the Presidential Executive Order II of June 2025.

“Help us get the Balalo out of the region first. That is the priority according to the presidential directive,” he stated. The paramount chief said the security agencies ensured the pastoralists’ cattle were removed from the sub-region as part of enforcing the order. “First, remove the cattle from Acholi, then address land demarcation and acquisition issues. Understand the acquisition process and the parties involved,” he added.

Rwot Acana also accused the Pader Resident District Commissioner (RDC) and the UPDF of acting under “wrong orders fuelled by negative energy,” causing fear among his people. “The UPDF beat my subjects and fired gunshots. This is uncalled for,” he said. Local leaders in Angagura Sub-county reported theft of property, livestock, and foodstuffs during the eviction.

Mr Freddy Stephen Okello, Angagura Sub-County Chairperson and head of the sub-county security committee, alleged that soldiers stole food and chickens from residents. “Bullets were fired in the air, and food and chickens were stolen. This has created fear in the community. We later met with the 5th Infantry Division Commander and Dr Kenneth Omona, State minister for Northern Uganda Rehabilitation, to request a halt to the eviction,” he said.

The affected families reportedly settled on the land in 2011 following the end of hostilities in northern Uganda. Rwot Acana described the eviction as chaotic and harsh: “Beating my subjects, stealing their crops, destroying their homes, and forcing them to sleep outdoors in the cold is cruel. It brings back memories of the two-decade-long LRA war.” He warned that such actions would not be tolerated if repeated.

Rwot Acana interacts with residents who were evicted from ranches in Angagura Sub-county, Pader District on July 25, 2025. PHOTO/JAMES OWICH

The communities appealed to the government to allow them to harvest crops before leaving. However, the UPDF dismissed the allegations of violence as attempts to sabotage their operation.

Capt Edrin Mawanda, the public information officer for 5th Division, told our reporter on Sunday that accusations against the army were false and meant to frustrate efforts to do their lawful duties. He insisted that no soldiers committed any abuses and praised the professionalism of the troops.

 “The operation is proceeding smoothly. No one was injured as alleged. Misleading the public is dangerous. We urge politicians and leaders to be patient,” he said.

Capt Mawanda stated that the eviction would continue unless officially ordered to stop.

“Our men are committed to implementing the President’s directives fully. There is a lot of blackmail against the uniformed forces by politicians trying to disrupt our efforts. But no one will derail us. We will only stop if higher authority instructs,” he added. He also noted that while the troops are not well-equipped, they have received adequate briefings and support, including food supplies.

Source: Monitor

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The Court nullifies the Lake Katwe Surface Rights formerly granted to the Chinese-Ugandan Consortium due to a violation of community rights.

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By Witness Radio team.

The High Court of Uganda at Fort Portal has overturned the grant of surface rights over Lake Katwe to Rwenzori Shining Star Limited, a salt mining company affiliated with a Chinese-Ugandan multi-million-dollar venture, Witness Radio has learned.

The Court’s decision is a testament to the power of collective action. It follows a case filed in the High Court of Fort Portal by the Tweraneho Listeners Club and 10 other applicants, representing over 6,000 people from Katwe Kabatoro town council, whose livelihoods depend on Lake Katwe. The applicants bravely challenged the illegal giveaway of Lake Katwe to an investor by the Town Council of Katwe Kabatoro.

The company, Rwenzori Shining Star Limited, is a multimillion-dollar investment in a Chinese-Uganda Consortium. According to the company documents, the company’s board Chairman is Captain Mike Mukula, who serves in one of Uganda’s top political positions.

In September 2020, Rwenzori Shining Star Ltd applied to the Katwe Kabatoro Town Council for surface rights over Lake Katwe to set up a salt mining project.

In less than three months, the town council granted the surface rights to the company without consulting the local miners or project-affected persons, a decision that led to adverse effects, including forced evictions, which altered the lives of many families and their livelihoods.

Under Miscellaneous Cause No. 007 of 2021, the applicants, who included those evicted from their workplaces, among others, claimed that the giveaway was made without consultation, thereby violating their constitutional rights.

In a court proceeding on July 14, 2025, presided over by Hon Justice Vicent Emmy Mugabo, it was made clear that both Katwe Kabatoro Town Council and the local government had no legal authority to grant surface rights.

In addition to not having the authority to grant surface rights, the honorable court also revealed that the actions of the surface rights giveaway violated the rights of the local communities.

“The applicants claim that the 1st respondent’s (Katwe Kabatoro) act of granting lake Katwe surface rights to 2nd Respondent (Rwenzori Shining Star Ltd) without consulting the local people and direct beneficiaries of the lake is inconsistent with and violates their rights.” The Court ruling, which Witness Radio obtained a copy of, reads.

The court’s decision not only nullified the surface rights but also issued a permanent injunction, providing a sense of security to the community. This injunction restrains Rwenzori Shining Star Limited, its agents, and any other persons from interfering with the ongoing activities of community members currently using the lake.

Mr. Simon Amanyire, the Executive Director of Twerwanko Listener’s Club, a Non-Governmental Organization that supports the affected victims, welcomed the significant milestone and the duo’s respect for the court ruling.

“TLC welcomes the decision of the high court and hopes the company will respect court decisions.” The Director wrote to Witness Radio’s team.

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20 witness to testify against ex-land registration commissioner Mugaino

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Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The Inspectorate of Government (IG) says about 20 witnesses are expected to testify against former Commissioner for Land Registration Baker Mugaino.

Mugaino is battling charges of abuse of office and corruption over allegations of irregular cancellation of certificates of title for several pieces of land in Kampala city.

The cancelled titles belong to Tropical Bank, Namayiba Park Hotel and businessman Gerald Akugizibwe.

The titles are for land comprising Kibuga Block 12 plots 658, 659, and 665 in Kisenyi; Kibuga Block 4 plot 152 in Namirembe, and Kyadondo Block 244 plot 2506 in Kisugu, Kampala district.

In a statement released on July 23, 2025, IG says the 20 complaints including Tropical Bank officials have recorded witness statements and are ready to give evidence against Mugaino in court.

The statement was released following an article published in the Independent Magazine titled, “IGG abusing her office”.

The IG said the article contains unfounded allegations against the person of the Inspector General of Government (IGG), Beti Kamya Turwomwe, questioning her decision to interdict, investigate and later prosecute Mugaino.

According to the IG, it is standard procedure for the IGG to issue orders to interdict a public officer if they have cause to believe that the officer might interfere with investigations.

The IG says the authority is derived from Article 230(2) of the Constitution of the Republic of Uganda and Section 13(6) of the Inspectorate of Government Act.

The IG states that the matter of Mugaino’s conduct while performing official duty is before court and, therefore, cannot be discussed in the public because it offends the sub judice law.

The IGG over the past four years has interdicted over 150 public officers, including six senior officers in the Office of the Prime Minister and many chief administrative officers.

Complaints

According to the statement, between December 2024 and April 2025, the IGG received 22 complaints against Mugaino alleging cancellation of certificates of title without following prescribed procedures under the law, removal of caveats without giving prescribed notices, double titling, issuing of special certificates of title while original ones exist, leading to multiple titling, cancellation of certificates of titles for disputes that would essentially be handled by courts with the intention of defeating Justice.

IG states that preliminary investigations found merit in the allegations and the IGG decided to launch a full-scale investigation in the office of the commissioner land registration.

Allegations

Prosecution alleges that between April 8 and 20 this year, Mugaino, while employed in the public service as commissioner of land registration, lands ministry in Kampala, abused his authority by arbitrarily performing acts prejudicial to his employer’s interests – the Government of Uganda, Tropical Bank Ltd, Akugizibwe and Namayiba Park Hotel.

He is accused of irregularly cancelling certificates of title his office had issued to Tropical Bank, Akugizibwe, and Namayiba Park Hotel.

The prosecution also alleges that Mugaino neglected his duties as stipulated in Section 88 of the Land Act and his schedule of duties as commissioner land registration, in April this year when handling a complaint about the land in question.

Background

Court documents indicate that on February 28, 2007, Businessman Mousa Lutwama Kizito obtained a credit facility of shillings 400 million from Tropical Bank using collateral constituting land at Kisugu in Kampala.

The documents further state that on August 18, 2007, Lweza Clays Ltd also obtained a credit facility from Tropical Bank using collateral consisting of land comprising Namirembe and Kisugu in Kampala and Lweza in Wakiso district.

Accordingly, Tropical Bank on September 25, 2007 registered the mortgages on the certificate of title.

However, Kizito and Lweza Clays defaulted on their loan repayments, prompting the bank to advertise the mortgaged properties after winning a court case.

Consequently, the bank on October 10, 2022, sold the mortgaged property at Namirembe to Akugizibwe for shillings 415 million. The bank also sold property at Kisenyi to Namayiba Park Hotel for shillings two billion.

The bank wrote to the Registrar High Court requesting the return of the mortgaged certificates of titles and bank guarantee as per the court order issued by Justice Stephen Mubiru.

The bank applied to the Commissioner Land Registration, requesting for special certificates of title upon failure to retrieve the mortgaged copies from the Registrar High Court (Commercial Division).

In a petition dated April 8, 2025, MBS Advocates, acting on behalf of Kizito and Luweza, requested the commissioner land registration to cancel the certificates of title for the land in question and Mugaino allegedly illegally removed court orders and caveats that had been lodged on the certificates of title, without any other orders from court.

Original Source: New Vision

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