FUFA boss Hon. Eng. Moses Magogo is deeply saddened by the unfortunate news of the passing on of the 24th FUFA President, Hajj Twaha Kakaire. In his condolence message to the deceased’s family and the football sport lovers in Uganda, Hon. Magogo has said, “On many occasions, Hajj Kakaire stood tall for FUFA and generally Ugandan Football for the achievements we celebrate today. He is notably celebrated for having supported the birth of the FIFA Financial Assistance Programme in 1998 and also the Serie-A and Serie-B league arrangement for the Uganda Premier League.” Hon. Magogo said, “Whereas we grieve for the passing on of the football administration icon, we also celebrate his contribution to the game of football today. Death is a must and a destiny for all of us. It is just a matter of when not if.” “May the Almighty Allah judge his earthly works with mercy and strengthen those left behind to be strong in these trying times. Inalilah wa Inalilah Rajihun.” Signs FUFA President Moses Magogo. In a brief statement released by FUFA communications manager Ahmed Hussein Marsha has said, “Hajj Kakaire played a key role in the development and growth of football and the Institution during his leadership. We grieve in honour of his football works. Burial Arrangements will be communicated.”
St. Mark Kakumba Kyanja Church of Uganda leaders at church land which caused Ven. Kabanda and Rev. Mpoza interdiction. In the background is Sulaiman Kiggundu’s apartments said to have been built on church land
NEW EDITOR KYANJA
SULAIMAN KATO Kiggundu who is in controversies over trespassing and building apartments on the land owned by St. Mark Kakumba – Kyanja Church of Uganda has shockingly revealed to this News Website that he commenced constructions without a complete land lease process! In Part 1 of this story, we entirely look at what Sulaiman Kiggundu told us and questions about this land bad transactions which forced Christians to seek for court redress. In an interview with our senior investigative editor, to find out, how did he acquire Church land without the owners’ consent and started building on it apartments amidst protests from the church members, Sulaiman Kiggundu who has been in news for allegdly conspiring with a one Venerable Herbert Paul Kabanda and Rev. Stephen Mpoza to grab Kyanja Church of Uganda said he rightly got this land. Namirembe Diocese Bishop Rt. Rev. Wilberforce Kityo Luwalira has since interdicted Kabanda who was the Archdeacon of Gayaza Archdeaconary and Rev. Stephen Mpoza then Diocesan Estate Secretary Namirembe Diocese. They were acused of the fraudently carrying out transactions on this church land. On how he acquired this land, Sulaiman Kiggundu says these ‘men of God’ were in the deal. “I didn’t acquire that land fraudulently as it is alleged. I went through the right channels and requested for a lease offer from Namirembe diocese.” Reveals Sulaiman Kiggundu. He in fact told us, “I paid a deposit for a lease and I am waiting to be told what balance I have to clear. You need to ask yourself why the same Bishop (Rt. Rev. Kityo Luwalira) never came out to stop my developments. The Diocesan Secretary wrote to these complainants restraining them from publishing these matters in the media nor taking them to court. I have a copy of this letter.” However, according to letter dated March 30th 2021 from Rev. Canon Henry Segawa the Diocesan Secretary wrote to Ven. Kabanda then Archdeacon of Gayaza asking him to halt on-going development on St. Mark Church of Uganda Kyanja land by a one Sulaiman Kiggundu Kato. Letter said, “We want the developments on this land at Kirowooza particularly on the portion which is allegedly to have been sold to Mr. Sulaiman Kiggundu Kato pending clear clarification on the matter.” The Diocesan Secretary said, this was the resolution of the meeting in the Bishop’s office which was attended by among others; Five members from St. Mark Kakumba Kyanja Church of Uganda led by the Head of Laity, the Estates Department staff and the Diocesan Secretary. Rev. Canon Segawa wrote to Ven.Kabanda that, “The Diocesan Land Policy requires that all administrative levels of the Diocese should endorse any transaction (agreed upon) over Church land and apparently, the ‘alleged sale’ did not comply with the said policy. The process which allegedly was taken in the transaction of the said land sounds quite unconventional of Church of Uganda land policy.”
Can. Segawa’s letter stoping developments on St. Mark Kyanja Church of Uganda land which Ven. Kabanda did not respect
What we have gathered, Rev. Mpoza before he was interdicted by Bishop Luwalira over Kyanja land fraud, he said to have received only UGX 20M commitment fee from Sulaiman Kiggundu to get the land lease. No where he mentioned how much is this lease and the minute is no where to be seen and the Bishop said he wasn’t aware of this money and they don’t know anything about the lease offer, Kiggundu must have been duped.
See how Kyanja land worth UGX 300M, Sulaiman Kiggundu paid only UGX 20M and he is constructing apartments
Sulaiman Kiggundu has however conceeded how he started constructions on this land without a lease. “It was not an outright sale/purchase of this said land but I requested for a lease offer and the Estates department at Namirembe (Diocese) is processing my request.” Said Sulaiman Kiggundu whose apartments built on Kyanja Church of Uganda land are almost done awaiting for tenants! When asked why did he comence building on Church land before the completion of the lease process, Sulaiman Kiggundu whose transactions of this land are highly questionable, in a WhatsApp message he sent to us said, “My (lease) request is being processed and because the process usually takes long I was allowed to commence construction.” We asked him to tell us, then how did he acquire a building plan clearance from the Kampala Capital City Authority (KCCA) Physical Planning Directorate before getting a complete land lease process, he instead threatened us not to write about this land scandal. Sulaiman Kiggundu wrote to us and said, “There is no professionalism in negatively portraying my project in the media. I have invested millions of shillings. These are rental units that need occupants on completion. They are using you to dissuade potential tenants from occupying them. I am not a criminal, not a fraudster nor a trespasser at that (land). Please beware of the consequences of your actions.” Asked to comment about allegations that him and Venerable Kabanda’s wife are related that is why the two are said to have land deals, he totally distanced himself from this relationship. He said, “This is hogwash to say the least. I don’t know Ven. Kabanda’s wife and I am sure she has never met nor seen me.” Kyanja Church of Uganda filed an application for an injunction stopping Kiggundu from any further construction, however court did not stop the construction until the main suit of trespass on Church land is heard. By press time, there was an urgent meeting on going between St. Mark Kyanja church leaders, their lawyers and the Provincial Chancellor. We are told, The Provincial Chancellor is desirous of getting all the facts or background about this church land and all transactions made. This is likely to put Kabanda in more troubles are Kyanja church leaders have vowed not to spare any one who had a hand in this transaction. They have threatened to sue who ever participated in dealings on church land. “The background was given to him and he has requested that I organize a meeting with him and the lawyers, Chancellors, the Bishop and the Witnesses to represent those at Kyanja. This will take place at his chambers on the 30th at 2.00pm ( today).” Reads a leaked message to the Canon.
We are working on a detailed story about this land, how St. Mark Kyanja Church of Uganda got it and why Kabanda’s name is cited in the fraud on this land. We will bring you the issues Church members took to court and why they want Kiggundu to remove his property.
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PHOTO: UNRA ED Ms. Allen Kagina inspecting roads & bridges affected by floods in the Kasese area. She was accompanied by a technical team comprising of hydrologists & engineers in road development & maintenance specialist areas
OPINION BY: BEN SSEBUGUZI ssebuguziben28@gmail.com
ON 20th September 2021, I led a group of youths who included Zahid Sempala (publicity poor youth), Ssali Babu (legal poor youth) and others, to petition both President Yoweri Kaguta Museveni and Rt.Hon. Speaker of Parliament Jacob Oulanyah against disbanding Uganda National Roads Authority (UNRA) and be taken back to the Ministry of Works and Transport(MoWT). According to news reports, cabinet passed a resolution to merge government agencies like UNRA and Ministry of Works as a measure to reduce the cost of public expenditure. Of course it is a good intervention on the outside but inside, it might carry adverse ramifications.
Team leader Ben Ssebuguzi (2nd right) with other youth
In our petition, the youths cited different reasons among them being that our economy was developing at 8% before covid effects and therefore needs a vibrant entity like UNRA which has been making an average of 400km per annum to continue with the momentum if we are to achieve vision 2040. Our main worry is, if UNRA is taken back to the parent ministry, there will be ineficiency in service delivery since many ministries in Uganda have too much bureaucracy and sluggishness. First and foremost, the size of our economy has highly expanded up to $37b as our GDP, meaning, even our infrastructural needs have increased. From 1175km in 1986, government has been able to construct new paved roads measuring to 4,793km which is a significant achievement courtesy of UNRA. On top of that, UNRA has a challenge of maintaining a total of 1924km existing dilapidated paved roads across the country, a huge task that requires a vibrant entity free from government red-tape. We should not forget that UNRA is also in charge of all bridges and water transport vessels.This huge responsibility can not be put under a ministry where decisions take decades to be made.
Page 1 of the petition
As a department that has always taken the lions share of Uganda’s budget up to a tune of 3trillion Uganda shillings on average due to government strategy of prioritisation of infrastructure, government needs to train more of UNRA workers in capacity building and absorption of public funds. We need to advise them to increase the local contractors up take of government projects in order to reduce capital outflow and support youth employment. Because we are Patriotic Ugandans with voices that can be heard, we couldn’t make a blunder of keeping quiet when our government is making steps that can drive the economy backwards.
AUTHOR: Ben Ssebuguzi
Lastly, when a company makes a bit more money, they expand and create specialised departments like UNRA to employ it’s local resources for production but not rendering them redundant. The more you specialise, the more the efficiency in service delivery. We have often seen the swiftness of UNRA when the bridges crack on Masaka road and everywhere, they are always fast and reliable. As an entity, they have their own shortcomings like giving contracts to poor contractors, but we should help them to close those gaps as they continue to serve Ugandans.Whenever we are planning we shouldn’t forget enhancing road infrastructure because it is the engine of economic progress.
The writer Mr. Ben Ssebuguzi is an Economist, entrepreneur and Secretary General of Uganda Poor youth movement
FROM THE EDITOR: WHAT YOU NEED TO KNOW ABOUT UNRA The Uganda National Roads Authority (UNRA) was established by an Act of Parliament; The Uganda National Roads Authority Act, No. 15 of 2006. UNRA became operational on 1st July 2008. The mandate of UNRA is to develop and maintain the National Roads network, advise Government on general roads policy and contribute to addressing of transport concerns, among others. UNRA is one of the products of Road Sector Reforms. In 1996, the Government of Uganda prepared the 10 year Road Sector Development Programme (RSDP). This programme was reviewed and updated in 2002 making it a 10 year rolling Road Sector Development Programme Phase 2 (RSDP2). One of the objectives of RDSP was establishing a robust administration for effective and efficient management of the national roads network. To achieve this objective, Government committed it’self to reform national roads management through the establishment of an autonomous performance-based Road Authority to handle road administration and execution function and restructuring the Ministry of Works and Transport (MoWT) to focus on policy, setting standards, regulation, monitoring and evaluation functions.
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IN THE PHOTO:When a group of soldiers in Conakry – Guinea led by the flamboyant Col. Mamady Doumbouya – The Special Forces Commander– captured the presidential palace, overthrew and arrested President Alpha Condé
OPINION BY: BRIAN MUKALAZI bmukalazi@ecmafrica.org
IN JUST five months, Africa has experienced three violent but successful military takeovers in the countries of Mali, Chad and Guinea, where new leaders have ascended to power from their respective militaries. First came Mali, where on the night of May 24, the Malian Army led by then Vice President Colonel Assimi Goïta captured and detained President Bah N’daw and Prime Minister Moctar Ouane. Goïta later announced that N’daw and Ouane were stripped of their powers and that new elections would be held in 2022. This was the country’s third coup d’état in ten years, following the 2012 and 2020 military takeovers, with the latter having happened only nine months earlier. Then in April, following the death of Chadian President Idriss Deby, the Army installed his 37-year-old son, Gen. Mahamat Idriss Deby, as the country’s interim President. The army also dissolved the National Assembly and the government, and abrogated the Constitution but promised to hold elections within eighteen months. This was described by political opponents as a “dynastic coup”. And most recently, in Conakry Guinea, on September 5, a group of soldiers led by the flamboyant Colonel Mamady Doumbouya – The Special Forces Commander– captured the presidential palace and overthrew President Alpha Condé. The 41-year-old Doumbouya claimed that government “mismanagement” prompted their actions. Historically, Africa has never been a stranger to military coups and takeovers. In fact, it is estimated that there have been at least 100 successful coups in Africa in the past four decades and with more than twice the number of unsuccessful coup attempts. Today, almost more than a half of African countries are still headed by military men, either as presidents or prime ministers. It is, therefore, clear that the two subjects of “Politics” and “The Army” continue to be closely interlinked for many countries on the African continent. To some observers, military intervention in African politics remains one of the central challenges facing the Continent currently. It has resulted into a variety of upheavals of differing magnitudes, which have deepened Africa’s misery and underdevelopment.
Transition and leadership problems Col. Mamady Doumbouya, the leader of Guinea’s recent coup, cited poverty and endemic corruption as some of the reasons for overthrowing 83-year-old president Alpha Conde. Similarly, the soldiers who led the coup in Mali claimed that theft and bad governance practiced by the previous regime prompted their actions. But here’s the problem: Most of these militia or guerrilla groups, once they secure their grip on power, often turn and resemble the dysfunctional predecessors they deposed. Promises of holding national elections are usually made but such promises rarely materialize and if they do, the elections are far from “free and fair”. In her new book, ‘Do Not Disturb’, Michela Wrong shares similar sentiments: “Most of these rebel movements fails to make the transition to civilian governments…The truth is usually simpler: no transition is attempted at all: the habits, mindset, and structures of a military guerrilla movement simply shift wholesale from the forest dugout to the capital city”. In Zimbabwe, when Robert Mugabe was toppled by the Army in November 2017 after a 37-year rule, there were wild celebrations not only in the country but across the entire region. However, since takeover, little has changed and according to activists, current President Emmerson Mnangagwa is brewing himself into an authoritarian leader with centralised power and authority – he appears to be carrying the leadership mantle from his predecessor.
Should the African Union, Regional Blocs and International Community be blamed?
The African Union Peace and Security Council, in 2014, noted that unconstitutional changes of African governments originated from: “Deficiencies in governance, Greed, selfishness, mismanagement of diversity, failure to seize opportunities, marginalisation, human rights violations, unwillingness to accept electoral defeat, and manipulation of constitutions”. However, the African Union (AU), together with the regional blocs and international community, has generally remained silent and non-responsive to most of the issues spelt out above. On elections, the AU and regional organisations routinely resort to observer missions. Their conclusions rarely challenge official results, even when civil society and other independent observers identify serious malpractices. Sometimes their actions or inactions appear like a protection of incumbency and the status quo. To be fair, the Economic Community of West African States (ECOWAS), West Africa’s regional bloc, has done relatively well if compared to others in the past. But the recent military coups or takeovers in Mali and Guinea have seriously dented its authority. Someone could argue that the ham-fisted responses by the AU and Regional Blocs to the recent military takeovers in Mali and Chad may have motivated Col. Doumbouya and his soldiers to dislodge the government in Guinea. They may have probably assessed and determined that these Organizations would do little to substantively oppose the coup.
How Civilians are the biggest losers The saddest part is that, in all this, it is the innocent people who suffer the most. Normally, thousands of civilians are killed in the gunfire exchange and those whose lives are spared are subjected to the worst forms of human rights abuses including rape, torture, starvation and lack of access to adequate shelter. When author Michela Wrong interviewed Dr. Patrick Bracken and Dr. Joan Giller, who worked with victims of torture after the Uganda Bush war (1980 – 1986), she asked them to share with her some of the intriguing testimonies they heard from their patients. Dr. Giller recalled: “There was an incident in a village in which two boys were ordered to bite each other’s ears off. And I also remember a mother describing how a soldier raped her daughter in front of her, pushing the girl’s legs above her head so violently, both legs were broken”. Finally, what is clear here is that these military takeovers do not only threaten human lives, but they also pose serious threats to the democratic gains many African countries have made in the recent past. Therefore, in my opinion, it is incumbent on the AU, individual governments, regional blocs and the international community to ultimately evaluate their root causes and devise the right preventive or corrective strategies to cope with them.
The writer Mr. Brian Mukalazi is the Country Director of Every Child Ministries Uganda. email: bmukalazi@ecmafrica.org
IN THE PHOTO ABOVE: Hon. Christine Ndiwalana with one of her lawyers Abubaker Ssekanjako after Masaka High Court Judge Katunguka Ketra dismissed a ground in the petition against her in which a voter one Tushemerirwe Anita alleged that the MP bribed voters with liquor ending up casting their votes in unconscious minds
NEWS EDITOR HIGH COURT – MASAKA
THE election petition filed against newly elected Bukomansimbi North legislator Dr. Nandagire Christine Ndiwalana by Real Estates dealer Haji HB Matovu’s wife Ruth Katushabe who was badly defeated in the January 14th 2021 Parliamentary elections, is such an interesting petition! Katushabe was the area MP in the 10th Parliament and Parliamentary Score card ranked her as one of the worst performing members of Parliament. This is believed to have been one of the major reasons, why Bukomansimbi North voters refused to renew her contract in the recently concluded Parliamentary elections. In her election petition No.005 of 2021, Ruth Katushabe who contested on NRM ticket declared herself the winner something which caused her problems during cross examination by Hon. Ndiwalana’s lawyer. Hon. Ndiwalana’s counsel Medard Lubega Sseggona of Lukwago & Co. Advocates cornered her to tell court how many votes did each of the contestants get making her to sweat plasma. A soft speaking Sseggona who is known to be among the best lawyers if it gets to cross examination said, “Madam Ruth Katushabe, congratulations upon winning Bukomansimbi North County elections. How many were you in the race and please may you tell this Honourable court, how many votes each candidate got?” In her response, Katushabe who might have not been coached well by her lawyers of M/S Nsubuga & Co. Advocates replied, “My Lord, Nandagire Christine Ndiwalana got 9617 votes, me (Ruth Katushabe) got 6599 votes, Lubyayi Iddi Kisiki an independent obtained 4238 votes, Kateregga Muhammad (JEEMA) got 3076, Kawooya Yasin (DP) got 251 votes, Namakula Racheal (Independent) got 182 votes and Ssebuggwawo Yusufu (Independent) polled 47 votes.”
BUKOMANSIMBI MPS: Christine Ndiwalana and Veronica Nanyondo attending plenary
Counsel Sseggona who is Busiro East Constituency MP shot again; “From what you have just told this court, madam Katushabe, who of the candidates got the highest number of votes?”, She replied, “Nandagire Christine Ndiwalana,”sending the whole court into prolonged laughter! “Now why are you wasting court’s time if you also know that the election was won by Hon. Christine Ndiwalana? So you want this court to declare you who was in the second position that you won and put aside Hon. Ndiwalana who was massively elected by the people of Bukomansimbi North as their Member of Parliamemt? Is that what brought you before this court?” Counsel Sseggona asked. Ruth Katushabe went silent! Katushabe’s written submission reads, “That your petitioner (Katushabe) states that the election was held on the 14th day of January 2021, wherein your Petitioner (NRM) together with Lubyayi Iddi Kisiki (Independent), Kateregga Muhammad (JEEMA), Kawooya Yasin (DP), Namakula Racheal (Independent) and Ssebuggwawo Yusufu (Independent) were other candidates for the race of Member of Parliament Bukomansimbi North County Constituency, Bukomansimbi district).
PETITIONER: Ruth Katushabe
Katushabe did not mention Nandagire Christine Ndiwalana as one of the contestants. But when Counsel Sseggona asked her to tell court who of the candidates scored what, she clearly said Nandagire Christine Ndiwalana obtained the highest number of votes. Katushabe’s submission reads; “By its declaration dated 15th January 2021, the Returning officer of the 1st Respondent (Electoral Commission) returned Nandagire Christine Ndiwalana (who was not validly nominated), as validly elected Member of parliament for Bukomansimbi North Constituency instead of your petitioner (Ruth Katushabe) who won the election with 6599 votes while the 1st Runner up was Lubyayi Iddi Kisiki obtained 4238 votes.” To Ruth Katushabe, this is why she was aggrieved and petitioned court. In her reply, Hon. Nandagire Christine Ndiwalana asked court to dismiss Katushabe’s petition with costs saying it has no basis, she was lawfully nominated, elected and declared winner for the seat of Bukomansimbi North County having obtained the highest number of votes in the race. Ndiwalana denied allegations that Ruth Katushabe won the election and that, “Such allegations are illusionary and not premised on facts and law but imaginative fantasies.”
THREE ISSUES FRAMED BY COURT FOR TRIAL These are; Whether Nandagire Christine was validly nominated and elected as MP, whether she made a false statement to the returning officer to gain nomination and remedies. Nandagire told court that her nomination paper was valid and properly presented to the returning officer and Ruth Katushabe never complained through out the campaign period. She stated that, “I obtained the nomination forms from the Electoral Commission, properly filled and submitted the same to the Returning officer of Bukomansimbi district who in turn, lawfully nominated me and gave me a certificate of nomination to contest for Member of Parliament for Bukomansimbi North County. The petitioner lost the election to me and I was validly returned and published in the gazzette as the winner by the Electoral Commission (1st Respondent).” Ndiwalana contends that, all the time of nomination and election, she had the requisite academic qualifications to stand for member of Parliament to wit; Certificate of Enrolled Midwife from St. Francis Hospital NsambyaTraining School which is equivalent to formal education of advanced level standard.
DETAILS ABOUT HON. NDIWALANA’S ACADEMIC QUALIFICATIONS From what this news website has gathered, Christine Ndiwalana sat for O’level examinations in 1992 and obtained Uganda Certificate of Education (UCE) from examination body, UNEB in the name of Nandagire Chriss. Her father got sick and could not cater for his daughter’s shool fees at HSC. So he branched her off to St. Francis Hospital Nsambya Training School where she was awarded with a certificate in Midwife in the name of Nandagire Christine. Her father Ndiwalana, later succumbed to Cancer! In fact she adopted her father’s name Ndiwalana because of the love she had for her late dad. From Nsambya, Nandagire enrolled at Uganda Martyrs University Nkozi where she was awarded a Diploma in Guidance and Counselling. She then studied Clinical Medicine and later went for Medicine and Surgery at Islamic University In Uganda (IUIU), a course which took her a duration of Four and half years!
WHEN SHE JOINED NUP: Dr. Ndiwalana receiving NUP membership card from Party President Robert Ssentamu Kyagulanyi
Nandagire who is said to be owning a hospital in Kampala told court that, before nomination to contest for Member of Parliament, she submitted the above mentioned documents to the National Council for Higher Education (NCHE) and obtained a certificate of completion of formal education of advanced level standard or its equivalent as according to the Parliamentary Election Act 2005. The National Council for Higher Education certified that Nandagire holds a certificate of enrolled Midwife which is equivalent to formal education of advanced level standard.
ABOUT VARIANCE IN NAME Hon. Ndiwalana told court that upon realizing the variances in her name, she consulted her lawyers of Lukwago & Co. Advocates who advised her, whose advise she verily believed to be true, that she should swear a statutory declaration and deed poll reconcilling the difference in her name. She formally adopted her current name Nandagire Christine Ndiwalana. “I swore the statutory declaration in 2017 and deed poll in 2018, years before 2021 elections”. Hon. Ndiwalana told court, diluting the issue of variance in her name, raised by the petitioner Ruth Katushabe. She put it to the petitioner how she has come to court with dirty hands saying, Ruth Katushabe on various occasions together with her husband, a one HB Matovu violated the electoral laws by bribing voters and intimidating Ndiwalana’s supporters through firing bullets, beatings and other forms of torture, although she said, this did not affect her victory. High Court in Masaka is expected to give ruling by early next month.
THE High Court in Kampala is expected to give its ruling on a very tricky election petition No. 004 of 2021 which was filed by Forum for Democratic Change (FDC) young man Musoke Hamis Walusimbi against Nansana Municipality Member of Parliament Wakayima Musoke Hanington Nsereko together with The Electoral commission. Yesterday, all parties ended their submission and they are now waiting for the ruling which will decide whether Wakayima’s January 14th 2021 election is annuled or not. Through his lawyers of M/s. Kabega, Bogezi & Bukenya Advocates, Walusimbi who last week was appointed by FDC President to sit on NEC, is challenging Wakayima Musoke’s election as the MP Nansana Municipality saying, he did not possess the requisite academic qualification for his being nominated and for the election.
PETITIONER: Hamis Musoke Walusimbi
Referring to the Court of Appeal Election Petition No. 005 and 102 of 2016, which nailed the annulment of Wakayima’s election as MP Nansana Municipality in 2016, Walusimbi’s lawyer submitted on Tuesday that, in that judgement, it was found out that Wakayima was in 2016 nominated in error. Court of Appeal made it clear that, “Wakayima Hanington Musoke Nsereko was nominated in error for member of Parliament for Nansana Municipality Constituency BECAUSE, he was not a registered voter and did not possess the minimum academic qualification of A level or its equivalent.” That is how he lost his seat. According to this Court of Appeal ruling, Wakayima Musoke was faulted basing on two factors: ONE is variance in names that did not appear in the voters register and TWO, that his academic certificates were not authentic. The question High Court is expected to address in its ruling which is expected any time from now, have these academic documents now been proved to be authentic? For starters, the Petitioner Musoke Hamisi Walusimbi contested for MP Nansana Municipality on FDC ticket while Wakayima is NUP. Nansana Municipality has 260 polling stations. A total of 9 candidates participated in this election. Electoral commission declared the following results;
The 1st respondent had scored 67,862 votes
Kasule Robert Sebunya 15,367 votes
Kaweesa Stephen 8,930 votes
Sekyewa Rashid 3,911 votes
Katumwa David 2,364 votes
Kibuuka Edrine 2,253 votes
Musoke Enoch Kintu 1,761 votes
The Petitioner had scored 744 votes
Kaaya Rajab Semalulu 703 votes The above score election results were duly gazetted in the Uganda Gazette of 17th February 2021.
PETITION Hamis Walusimbi’ petition is premised on the reason that the 1st respondent did not possess the requisite academic qualification for his being nominated and for the election where he was declared winner and that in the petitioner’s view the presented academic credentials were not valid, were not authentic neither were they his, thus the petition to this court.
WHY PETITIONER BASES ON COURT OF APPEAL JUDGEMENT Referring to the Court of Appeal Election Petition No. 005 and 102 of 2016, counsel for the petitioner says, the present 1st respondent (Wakayima Musoke) used the same academic documents as in issue in the petition before the High Court. These are:
Uganda Certificate of Education in names of Musoke Hannington, Index No. UO512/535 year of sitting 1977 Centre name Namagabi Senior Secondary School.
Uganda Advanced Certificate of Education (UACE) U0023/266.
Institute of Teacher Education Kyambogo Diploma Award.
Verification letters from UNEB. N.B: All the above are mentioned in that judgement and are also now listed as 1st respondent’s documents in the joint scheduling notes. Counsel for the petitioner told court that, It’s not disputed by the respondents that the above listed documents were in issue in Election Petition Appeal No. 0050 and 102 of 2016 and are the very ones in contest in this petition, since they were the very ones relied on by the 1st respondent at time of his nomination and election, and upon which same documents the (Court of Appeal) had pronounced at page 33 and 43 of the judgment that; (i) The appellant (now the 1st respondent in the Election Petition 4 of 2021) failed to discharge the burden of proving that the questioned certificate were authentic. (ii) The appellant (now 1st respondent in the Election Petition 4 of 2021) did not possess the minimum academic qualifications. “My lord given that the 1st respondent presented to the 2nd respondent the same academic certificates he did also present in the earlier High Court Election Petition 004 of 2016 and in Court of Appeal Election Appeal No. 005 and 102 of 2016 then, following the principle that a finding and holding and/or decision of a Higher Court is manifestly binding on the lower court, since the same documents are in issue and touching their authenticity in this petition/court as was so in the Court of Appeal (High Court) this court’s hands remain tied in regard to the authenticity of the above listed academic documents of the 1st respondent.” Reads submission of counsel for the Petitioner. It continues to say, “If we are to follow the binding principle i.e doctrine of stares, this court with due respect cannot seat in its exercise of its original jurisdiction and find a divergent view to undo the findings of the Court of Appeal in regard to its holding based on the same academic documents and now find/hold (a contrary view) that the same documents are now authentic!” “The 1st respondent who did not introduce or present to 2nd respondent any other academic certificates save the ones in issue and as used in the judgement of the Court of Appeal, NOR did he the 1st respondent present any other academic document which are an equivalent minimum formal education of Advanced Level Standard, other than those used in the Court of Appeal Election Petition 50 of 2016.” Insists lawyer of the petitioner. The law is well settled that a judgement of the Higher Court remains binding whether or not the lower court disagrees with it or not. This is in so under the doctrine of stares decisis.
COUNSEL FOR WAKAYIMA’S SUBMISSION In his submission, Wakayima’s Counsels Richard Latigo and Kenneth Engoru of Lex Uganda Advocates & Solicitors, recognized that the Court of Appeal Election Petition No. 50 & 102 of 2016 did find that Wakayima Musoke was not qualified for nomination in an election of Member of Parliament then.
IS HE SAFE THIS TIME? MP Wakayima Musoke
According to the Petitioner’s submissions in rejoinder, Hamis Walusimbi’s laywer said, there is no better evidence or judgement than one premised on an admission. “My Lord, Counsel for respondent seem to suggest that the finding of the Court of Appeal were premised solely on fact that at the time of nomination and election then, Wakayima Hannington Musoke Nsereko wasn’t a registered voter, because his name was not in the voters register.” Reads the Petitioner’s submission in rejoinder. Walusimbi’s Counsel clarified that, that was not the only or sole reason that court of Appeal advanced to arrive at that decision. Wakayima’s Counsel in his submission said, “We accept Wakayima’s counsel submission that in Court of Appeal, the burden of proof lay with Wakayima Musoke to prove that his academic credentials were GENUINE”. Reads Walusimbi’s counsel submissions. He noted that, the duty to produce valid certificates to the Electoral Authorities lies with the intending candidates for elections. Where the their authenticity is questioned, it can only be his or her burden to show that he has authentic certificate. “We find that, Wakayima Musoke in the court of Appeal failed to discharge the burden of proving that the questioned certificates were authentic.” Petitioner Walusimbi’s lawyer therefore submitted that, “The holding of the Court of Appeal is very clear. So, the reasoning of counsel for the respondents that it was solely based on variance in names in a misconstruction of the express holding of the judgement. The court was independently resolving the issue in line with Article 80 (1) (b) and (c) of the Constitution. Shooting down submission of Wakayima’s lawyer, counsel for the Petitioner told High court that, “My lord, in the case before you, the issue for resolution is not whether the 1st respondent’s name (Wakayima Hannington Musoke Nsereko) appear on the register or not, BUT WHETHER HE HAD VALID/AUTHENTIC MINIMUM ACADEMIC QUALIFICATIONS for nomination and election.” Wakayima Musoke’s lawyer submitted that the police report found out that Musoke Hannington is one and the same person. However, Walusimbi’s lawyer referred to this as diversionary. He said, “Under the Parliamentary Elections Act, the UNEB Act 137 (which was operative at the time of nomination), the UNEB Act 2021; verification of academic qualification and certificates is not premised on police reports. The reports have no place in the above cited ststutes and can not be used to out maneuver the requirements of certification or verification provided for under Sections 3 (1) and 3 (2) UNEB Act 2021 or Section 4 (1) to (5) of the Institute of Teacher Education Kyambogo.” Petitioner Walusimbi’s lawyer told court that a deed poll does not in law authenticate the academic document. “Article 80 (1) of the Constitution infers genuine/authentic academic documents and not merely presentation or possession of them. The court of Appeal had already declared them unauthentic notwithstanding their alleged verification then.” Lawyers of the Petitioner submitted. His submission reads, “The issue before court is not whether or not there is another person by those names, but whether the 1st respondent had in possession genuine valid or authentic academic documents. So the contention of counsel for respondents that we have not presented any other person with the same names is a departure from pleadings and from issues framed and is unacceptable.” In his submission, lawyer for the Wakayima Musoke insisted that his client is in possession of the original UCE and UACE Certificates. On this, counsel for the Petitioner said, “In Wakayima Musoke’s affidavit in reply or in his counsel’s submission DOES NOT DENY THAT THE ACADEMIC CERTIFICATES UCE, UACE and that of Diploma Award, were the same certificates in the Court of Appeal declared unauthentic and as earlier submitted and with due respect to your Lordship this court cannot under the doctrine of stares decisis draw a contrary position to that of the Court of Appeal whether this court agrees with that finding or not.” Coming to Annexture H admission/registration form) to the petition to wit Exh.P.E 20 which admission form is also annexed to the supplementary affidavit of the 2nd respondent who declared the 1st respondent as a validly nominated candidate. The Admission (Registration Form under petitioner’s Annexture “D” has the following details in regard to the 1st respondent. ● Date of birth 24th/12/1974 ● Mother is Teddy Wanyana ● Person responsible for paying his fees is Teddy Wanyana ● P.L.E results were 8 aggregates: English 2, Maths 3, Science 1, SST 2 (Aggregates 8) Under index No. 023 ● Admission (registration form signed by Teddy Wanyana (on Sunday). The said Musoke Hannington also signed – signature. When you compare the contents above they are distinct from those of another Musoke Hannington appearing under Petitioners Annexture D1 and which is again attached to 2nd respondent’s supplementary affidavit; and indicating that there is another Musoke Hannington; (i) under Index 2450 035 (ii) Who scored in P.L.E the following: English 8 , Maths 8 , Science 5 , SST 6 (Aggregates 27). The results in D do not tally, are distinct but on their face it can be easily deduced that they are of two people possessing same name Musoke Hannington which creates a possibility that in the said school were two Musoke Hanningtons with distinct P.L.E results, little wonder that UNEB could not hold itself responsible for the identity of a candidate, as rightly observed by the Court of Appeal. EVEN THE INDEX NUMBERS FOR UPE RESULT CERTIFICATES ARE DIFFERENT AS ABOVE SHOWN. One indicates Index No. is 2415035 and another admission form indicates index No. 023. The Baptism Card of the 1st respondent at page 14 of his answer to the petition mentions date of birth as being 04-04-1974. His National ID reflects date of birth as 04.04.1974 yet his mother under her hand and signature as appears on the Admission/Registration Form mentions date of birth as 24th December 1974 meaning this is not an error then means two distinct people sharing same names. The mother’s name of the Baptism Card is shown as TEDDY WANYANA distinct from that on admission form which is Tereza Wanyana and this variance was never explained thus making the authenticity or reliability of the later academic documents as pertaining to the present 1st respondent suspicious when it comes to identity. “That aside my lord looking at the signature of Musoke Hannington on the Admission/Registration form, it is on face of it quite different from that of the 1st respondent signature appearing on his affidavit in answer to the petition, and different from that on his National ID, and distinct from that appearing in his letter of request for a police report as appears on page 25 of answer to the petition, and also distinct from that appearing on the Statutory Declaration at page 28 of his answer to the petition.” Reads submission of the petitioner’s lawyer. He submitted that, “The only deducible conclusion is that these are two distinct persons to whom it is not easy to attach identity as rightly observed by the court of appeal. In view of all the above ambiguities, uncertainties, unexplained variance acts against the said 1st respondent who time and again brought into picture the said questionable academic certificates.”
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LATEST about the Democratic Party (DP) EALA primaries, President General Norbert Mao has instructed the National Legal Advisor to prepare and draft Electoral Rules which will be followed during the party elections. In a message he exclusively sent to this News Website, Chairman Mao thanked News Editor Media for our EALA 2022 Election stories and echoed how DP Primaries will be free and fair. Hon. Mao revealed to us that, “I have aired all members that we shall have a free and fair vegetate selection process. We have instructed the National Legal Advisor to prepare draft Electoral Rules.” This comes at a time when Secretary General Dr. Gerald Blacks Siranda’s chance to win DP ticket to EALA becomes more clear after some three aspirants in the party chose to step down for him. The tripple, whose names we have been requested not to reveal as of now had already shown interest in the seat but on Friday last week, they together met the party bosses and deregistered their interest. “We have consulted and all indicators show, Dr. Siranda is the favourite. This is not a do or die. We can serve this great party in other fields. We wish him good luck.” Said the three who agreed to stand down for Siranda. He is expected to ride on an easy road to EALA. The only would be hard contestant to face is former Masaka district woman MP, Mary Babirye Kabanda. However, Siranda’s camp feels not bothered and they have vowed to defeat her with a very big margin. Babirye Kabanda who isn’t known for being articulate, has insisted not to run out of the race. “That poor boy Siranda can not win us. If it means drying our Bank accounts we shall do it to win on our side party delegates. Let him stand warned.” Quoted a Babirye Kabanda’s top campaigner.
DR. SIRANDA @ EALA A trusted source says, Dr. Siranda has been loyal to the party, and at no single moment has he ever rebelled against DP. He is dependable and trusted. The party feels comfortable to deploy such a brilliant young man to EALA to replace an encyclopedia Hon. Fred Mukasa Mbidde. An insider who requested anonymity has told us that, “It is true the Party has not carried out nominations for those who are interested in the flag. We know at the right time they will, although the mantle will go to Dr. Siranda”. Among all aspirants, it’s only Siranda who can easily sell out to Members of Parliament coming from different regions. He is not known to be tribalistic, he is a National figure and this character will get him votes when he presents himself both at Party level and even before members of the 11th Parliament who vote EALA MPs. A fluent soft speaking young man, Dr. Siranda comes from Bukedi, a region that has never had any person elected EALA MP. He has the sympathy vote from both ruling NRM and opposition parties. His other card is the Deputy Speaker Rt. Hon. Anita Among, a great mobilizer who comes from Bukedi. We are told, all her teams have been put on alert to campaign and vote for Dr. Siranda if DP sends his name to Parliament. Believe me or not, with Anita Among at Parliament, Siranda will go to EALA. For starters, Eastern region has the most numbers of MPs in the 11th Parliament. They are 198. This is a very good start for Dr. Siranda if they unanimously vote for the son of their soil. In number of MPs, Eastern is followed by Western region, Central region is third and Northern region fourth with 98 MPs. All these dynamics work for Siranda. He can easily win Eastern, Northern and Western to be declared EALA MP.
Dr. Siranda
There is nothing that has sold Siranda like the Inter-Party Organization for Dialogue (IPOD) meetings. He has been in top leadership and this has brought him closer to leaders of different political parties more so NRM which has the majority MPs. These meetings have depicted him as a national leader who agitates for peace, good governance and dialogue. For those who don’t know, going by the 11th Parliament composition with NRMs being the majority, there is no way an opposition member can win EALA seat without NRM votes. NRM has a total of 339 MPs. Opposition are only 107 out of 529 MPs. Although they vote twice, they can’t take through their candidate. So, NRM votes count and Dr. Siranda has this vote. To win a DP ticket, Siranda will have a walk over. The would be serious contender Mary Babirye Kabanda committed crimes against the Party, she automatically has no chance.
WHY BABIRYE KABANDA WILL FACE AN UP-HILL If the winner of the party flag was going to be decided by Buganda region, then Babirye Kabanda would have an upper hand. However because DP is a national party with NEC mebers from all regions, she is no where in the EALA puzzle! Babirye has no attachments in Western Region. DP Vice president in charge of Western Uganda, Imamu Makumbi has openly declared his support for Siranda. In fact, he has mobilised that whole region for NEC members to vote this loyal servant.
Hon. Babirye Kabanda
Even in Northern region, Babirye Kabanda’s name is no where. In Eastern, we are told, she has one Ramathan Bazanye, a delegate from Jinja who supports her after she went there and promised their children scholarships. Other delegates are Team Siranda and this is a writing on the wall that she will also be beaten in this region. In Buganda where Babirye Kabanda has roots, the fight for votes rages on. There are other aspirants who have shown interest. They include Mr. Kagimu (DP VP Buganda), Aisha Waliggo (NEC member and Leader Women League in DP), Cissy Bayiga and Luyinda from Nansana. Being a women league leader, Waliggo will get about 5 votes in Buganda and Kagimu has about two or three votes. This is a disadvantage to Babirye Kabanda. About the crimes she has committed against DP, Kabanda was the funder of the people who took DP to court. Those who remember the case of counsel Sam Muyizzi. This is the case DP battled in court during the 2020 Lock down. She swore and signed an affidavit. If it wasnt President General Hon. Norbert Mao, Hon. Mbidde, Dr. Siranda and Mayambala, there would be no DP today. Babirye Kabandas team had even secured an injunction. She only changed her heart a few days to the 2021 election period and came back to DP after Hon. Mbidde had formed a formidable ground for DP in Masaka. However, her earlier acts and hate filled statements against the party leadership costed DP in elections. During the burial of DP MP Robinah Ssentongo, in the presence of DP president General, Babirye Kabanda publicly attacked Hon. Mao accusing him for standing for president. She ‘directed’ him to leave the race for NUP’s Hon. Robert Ssentamu Kyagulanyi. In her words Babirye Kabanda said, “We already agreed not to support you for president. Step down for Hon. Robert Ssentamu Kyagulanyi, he is our choice not you Mao.” Babirye who was then a DP candidate for MP Masaka City (a race she lost), said all this well aware that Mao had been nominated as a party candidate in the presidential elections and was already in presidential campaigns. This was uncalled for. It was not only Hon. Mao who got angry, but even other party leaders. Although Babirye Kabanda didn’t support Mao’s candidature, she very much knew he was the official party candidate. Using a party function like that to to go bare knuckles and embarrass her party president before cameras that he should exit presidential race for an able candidate Kyagulanyi, Babirye Kabanda will pay dearly for this. Delegates are ready to pay her back in the same currency come EALA polls. She has no chance to make it through. It should be remembered, on the same burial function, Hon. Mpalanyi who defeated Haruna Kasolo in January elections played it very well. He said, “Me i will not comment, you are our leaders. Use the right forum to discuss about such issues.” During one of her campaign rallies, Babirye Kabanda said, “In a bid to build the party (DP), Hon. Mao must leave Kyagulanyi to stand for president, he is our candidate. Ladies and gentleman, for us our brains work well, the name Bobi Wine is not on the ballot paper, look and tick Kyagulanyi Ssentamu Robert for president.” So the whole genesis of everything is Babirye Kabanda playing stupid politics. But that is her strength. She has no fall back position! Those who thought NUP MPs who are the majority on opposition side in Parliament can go for Babirye Kabanda, this is false. Although she declared her support to Kyagulanyi in campaigns, when she lost, this lady turned guns against the Ghetto gladiator and the NUP MPs and other leaders who swept positions in greater Masaka and their supporters. Babirye is on record circulating a document in which elected NUP leaders were blackmailed, calling them substandard, poor and illiterate. She did not spare Hon. Robert Ssentamu Kyagulanyi. Therefore we do not see how NUP MPs will support Babirye Kabanda who called them names after she lost her MP bid.
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LUKWAGO: Appointed not elected FDC VP Buganda region
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THOSE who thought Lord mayor Erias Lukwago won through a free and fair contest to be declared the FDC vice President in charge of Buganda region, you will be shocked after reading this exclusive story! Dr. Kizza Besigye, the supreme leader of Forum for Democratic Change (FDC) Party allegedly used his ultimate veto powers and directed that FDC Party President Eng. Patrick Amuriat declares Erias Lukwago the winner, yet Lord mayor had finished third in all the three fronts; two elections and the Kibuuka Mukalazi selected committee findings! In the two different elections, Party leadership elected former Makindye East legislator Ibrahim Biribawa Kasozi to takeover from Owek. Joyce Juliet Nabbosa Ssebuggwawo who defected to the ruling NRM. In these elections, John Kikonyogo, the deputy Party spokesman finished second. Lukwago who got only 1 vote (from Doreen Nyanjura), finished third. On learning that his blue eyed man has been strongly rejected by FDC NEC, a tough speaking Besigye is said to have dictated that Lukwago must be enthroned the FDC Vice President Buganda region, although Ibrahim Kasozi was the rightful winner in the free and fair elections. Kasozi, a young man has sacrificed all to mobilize, financially support and work for this blue Party. In this exclusive story, we expound on this inside story, why Dr. Besigye favoured Lukwago, his game plan, is Lukwago’s appointment null and void according to the FDC constitution? and where does this all leave FDC Party! Please read on!
CLOSING SSEBUGGWAWO’S GAP When President Museveni fished iron lady Owek. Joyce Nabbosa Ssebuggwawo from FDC and appointed her State Minister in charge of Information, the party started identifying better candidates to carry on the Vice President Buganda mantle. For starters, Ssebuggwawo’s defection to NRM government wasn’t a shocker to FDC top guns, they were perfectly briefed about the deal and okayed her to go and work with President Museveni. Those who remember Museveni’s speech the day Rt. Hon. Jacob Oulanyah was elected Speaker of the 11th Parliament, Mr. Museveni openly hinted about his deal with FDC Party. A few days later, he appointed Ssebuggwawo, then FDC’s Buganda strong piller, his minister. When the likes of Lukwago came out to attack Ssebuggwawo, she revealed how they were all consulted about the Museveni’s deal and okayed it. You will all remember, for Besigye, he did not attack Ssebuggwawo for even a single minute because to him, this wasn’t news. In fact, Besigye’s driver, one Asuman Ssemakula led a team of FDC youth to go to Ssebuggwawo’s home and congratulate her for falling into things. If you want to start a war with these FDC youth, dare talk anything bad about Ssebuggwawo crossing to NRM. Many are still feeding from her hand!
FDC’S BOSSES APPROACH HON. KASOZI On searching for Ssebuggwawo’s replacement, top party leaders approached Hon. Ibrahim Kasozi and asked him to carry on the mantle. Kasozi a reknown top mobilizer and filthy rich politician who has no problem with funding party activities, at first didn’t give them a clear response. He said, he can’t reject any assignment to serve his party but asked for time to consult. The party bosses gave him only five days to to give them a positive response. On why they had identified Ibrahim Kasozi, party bosses said the status of FDC in Buganda needed a committed young man like Kasozi, who is selfless, approachable and non-discriminatory. He knows party structures and has wider knowledge about FDC. From his youthful years, Ibrahim has been an FDC member and has done all for this party. He was once Dr. Kizza Besigye’s PA and he sometimes got involved in a fatal accident while on duty and got a fracture. He has never supported any other party apart from FDC.
GENEROUS: Hon. Ibrahim Kasozi
In the 10th Parliament, FDC entrusted him with the COSASE committee chairmanship, a position her served with one heart to the satisfaction not only of FDC leaders but even the government. His Committee left a land mark at Parliament. You don’t know how many billions of tax payers money, incorruptible Kasozi saved! Fast forward, the party wanted this brain to lead in Buganda region for FDC to regain it’s lost glory. Until 2021 elections, FDC was a darling in Buganda but the coming of Kyagulanyi Ssentamu’s National Unity platform (NUP), relagated FDC to the third seat! Because the party wanted to bounce back, it zeroed on money magnet Ibrahim Kasozi. After thorough consultations, Hon. Kasozi got back to party bosses with a positive response.
BESIGYE & NYANJURA ENDORSE LUKWAGO Meanwhile, while top party leaders were shopping for Hon. Ibrahim Kasozi, rumours were making rounds how Dr. Besigye and deputy Lord mayor Doreen Nyanjura had endorsed Ssalongo Erias Lukwago. No one knows why Besigye went for a new comer like Erias Lukwago, who by then had not even celebrated his first birthday in FDC. Lukwago isn’t known to be into political party politics, he has been contesting and winning as an independent until the recent election. There is a school of thought that Lukwago is bigger than FDC, he can win with or without this Najjanankumbi based political party. He isn’t expected to have time for FDC activities and he isn’t a mobilizer. FDC can’t bank on Lukwago to regain it’s glory. However, Besigye did not front Lukwago to rebuild FDC, there is a political game plan that is still being calculated. We will come back to this later!
HOW KASOZI BEAT LUKWAGO IN POLLS Before polls, the party selected a committee which was headed by Mr. Kibuuka Mukalazi to hold consultations. This committee went around Buganda districts which included Mukono, Kayunga and others. Their report showed that the young man Ibrahim Kasozi was a favourite. Dr. KB was not convinced by Kibuuka Mukalazi’s committee findings. The party organized an election and it was won by Ibrahim Kasozi (who did not campaign for even a single day). Kasozi got 9 votes and Lukwago got only one vote from Doreen Nyanjura. Excuses were given and another election was organized. This time, other members took part. Still Lukwago got 1 vote, John Kikonyogo 2 votes and Ibrahim Kasozi won with 12 votes. This is when Dr. Besigye allegedly rejected election results of his party and went for Lukwago.
Besigye (right) meeting Kenya’s Raila Odinga recently. Is he strategizing for 2026?
The directive was given through the committee which sat at Calender guest house in Makindye and Eng. Amuriat announced Lukwago his Vice President in Buganda. It should go on record that NO election was organized and won by Lukwago. He was beaten in all elections.
What is Dr. Besigye’s game plan and why is Lukwago’s appointment good news for President Museveni. This is coming in Part II of the story and we will look into what FDC constitution intepretation about filling position of a NEC member who has resigned or died.
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PHOTO: A man identified as Bukya who was beaten to pulp by Kigaba’s men when him and others were attacked in their house at night. Case was reported at police but nothing was done.
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ALOYSIUS Kigaba Bukenya who we recently reported about trespassing on the land owned by Kampala businessman Haji Ibrahim Lumu with impunity, his days of taking the law in his hands are now numbered! Goons including his three children that he has been using to batter residents with pangas have been identified and they are set to pay for their sins. This news website can exclusively report that, the office of the President has picked interest and is closely following this matter in which Haji Lumu and other residents petitioned President Museveni, accusing Aloysius Kigaba Bukenya and his sons of grabbing his land, beating up residents and grazing his animals in people’s gardens yet Luweero Police bosses are keeping a closed eye. Residents pin Kigaba on evicting them from their land and grabbing it by force saying, whenever they run to Luweero police for help, it instead turns guns against the victims, they get arrested and a big number of them, it is comming to a full year when they are still rotting in cells.
Helpless residents who accuse Kigaba of illegally evicting them and grazing his amimals on their land
Among those arrested, are the people working on Haji Lumu’s farm on which Kigaba trespasses and by press time, he was illegally fencing off part of this land he has no ownership over! Authorities have kept on demanding that Kigaba produces documetary evidence showing ownership of the land he claims to be his, something he has totally failed to abide with. His people are instead attacking residents at night, beat, batter and torture them so that they run away from their land and he takes it away. Luweero police is aware of this but Kigaba and his men, who brag around to be connected, are untouchable. On Kigaba producing proof that he is the rightful owner of the said land, we have been however informed that, he doesn’t posses even a single document. He is only misinforming Luweero police that he owns this land which also shieldes him as he torments the rightful owners of the land. Now residents have vowed to demonstrate and fight for themselves is Police has decided to side with Kigaba to evict them from their land. A few days ago, residents living in Kyampologoma village, Nakasejere zone, Kamira sub county in Luweero district ran to police for their dear lives saying how they were living in fear after Kigaba threatened to evict them from their land. Led by businessman Haji Lumu, residents revealed that Kigaba is grazing his animals in their gardens which eat their food crops and whenever they complain about this, he turns a deaf ear. “We are tired of Kigaba’s impunity. For a number of times, we have reported him to Luweero police but all in vain. He boasts around about how he is untouchable. As residents, we can not tolerate this any more.” Haji Lumu, together with a group of residents told police officials who had visited the affected villages on a fact finding mission. Residents asked police to act professionally and call Kigaba and his agents to order before they are tempted to fight for themselves and protect their land from this sturbon man.
EVIDENCE: Part of Haji Lumu’s land being fenced-off by Kigaba
During this meeting, businessman Lumu noted how money magnet Kigaba is bragging of bribing police officers and that no court of law can manage him because he is rich. “Even if you report or file any case against him or his agents, no arrests are made. That is why we decided to seek help from the President.” Said Haji Lumu. The land with wrangles is measuring 221 acres and residents say that they have been leaving peacefully on their land for years until Kigaba moved in to grab it. One of the police officers identified as Lule applauded residents for being peaceful, not involving in any violent acts thus vowing to work tooth and nail to ensure that the matter is settled. Land wrangles in Uganda are common now days and they are being mostly done in Buganda region.
FACTS ABOUT THIS LAND SAGA All started with Haji Ibrahim Lumu refusing to sell his land to Kigaba Aloysius Bukenya who had offered to buy it. Haji Lumu excused himself saying his land wasn’t for sale. It is said, Kigaba then chose to use force and connections to grab Haji Lumu’s land. Lumu says, “Whenever Kigaba’s goons attack my people, they cut them with pangers and demolish my houses. During the recent 42 days Covid-19 lock down, he grabbed a piece of my land and built on it a two roomed house. I have reported this matter at Luweero Police Station where I have not received any help. I highly suspect that the police officers also fear him or have been compromised in a way. They just look on as him and his workers continue to terrorise people they find at my farm.”
Rightful land owners, Haji Lumu
Lumu lodged a complaint to PSU at Kireka about the conduct of Luweero Police but by the time he decided to run to officials in President’s office, he had not been helped. According to investigations carried out at the Ministry of Lands Luweero zonal office Bukalasa, it was discovered how the white page was tempered with, white washed and the true land owner’s name fidgeted with, to indicate that late Mikayiri Kalibwamu who sold this land to late Matayo Mpanga Kibimbo grand father to Haji Ibrahim Lumu was actually the owner of the land. Lumu’s father, late Kafumbe was the heir to Matayo Mpanga Kibimbo. This was a typical fraud since Mikayiri had sold land to Matayo Mpanga as far back as 1930 and the two are dead. “I advised that the file be taken to Kampala to ascertain how a dead person resurrected to re-own the land he sold about 90 years ago. Bukalasa land Registrar agreed with us in the presence of Haji Lumu’s lawyers to bring the file to Kampala.” Princess Namirembe Bwanga, an official from State House who intervened to follow up this matter.
Police bosses who visited the locus to request residents not to demonstrate as special investigations over this matter are on going
At Kampala, Mr. Karuhanga, the land commissioner advised that Lumu’s lawyer writes a letter requesting for the cancellation of the tempered with land title and reinstate the true owners.
THE TRUTH Originally, Mikayiri Kalibwami had 342 acres. He sold off 20 acres to a one Bafiirawala Muganga and another 20 acres to a one Awakulennume. He remained with about 304 acres and when Mikayiri Kalibwami in 1930s, sold this land to Matayo Mpaga Kibimbo, title shows ownership continuity to the new owner (Matayo Mpanga Kibimbo) grand father to Haji Ibrahim Lumu. Matayo Mpanga distributed his land amongst his children leaving out 62 acres for himself and his successors. Each of his three girls got land. Luci Mwenyango got 69.60 acres, Esteri Nambi got 20 which is Block 488 plot 8 and Lukia Bansuna got 70 acres. Plot 11 is the land for Bansuna and Mwenyango. About 80 acres are said to be occupied by a one Musoke Ssalongo and Haji Lumu says, he is not aware how this one came to own part of their Land. Lumu got letters of adminstration for his two aunties, Lukia Bansuna and Luci Mwenyango. The original plot 9 became plot 10 which is the land for successors.
ALOYSIUS KIGABA Aloysius Bukenya Kigaba owns land near Haji Lumu’s land. Kigaba took over his grand father Nkwanga’s land on plot 5.
Kigaba’s son (In red t-shirst) accused by residents of leading panga wielded men attacking them at night to chase them away from their land. He was with his partners in crime.
On 30th September 2019, Musan Associates wrote to the The Registrar Bukalasa, Luweero Lands introducing Mr. Lumu Ibrahim as the Administrator of the Estate of Lukia Bansuna, Lusi Mwenyango and Esteri Nambi of Kaswa Bulemeezi. Lawyers Said, “We act for and on behalf of our client Mr. Lumu Ibrahim the administrator of the above captioned Estate with instructions, we introduce him to you.” Letter says that Mr. Lumu is the administrator of the Estate of the Late Matayo Mpanga, whose daughters are Esteri Nambi, Lukia Bansuna and Lusi Mwenyango. That sometimes, a one Kigaba Aloysius Bukenya approached Lumu Ibrahim and informed him about the Estate land in issue belonging to his predecessors. That at the time having been told by Kigaba, Lumu Ibrahim made a follow up and approached the registrar in Bukalasa land office a one Koreta at the time. Our client was told that he can not be given any document for lack of authority ( Letters of Administration). Having acquired the letters of Administration, Lumu Ibrahim went back to Bukalasa and found out that the blue pages were available, that is to say, Esteri Nambi, Lukia Bansuna and Lusi Mwenyango all being derived from the same MRV 103/12. However, when he opted to process the titles of the same, he was told that the blue pages of Lukia Bansuna and Lucia Mwenyango were missing, and that the only one present was that of Esteri Nambi. Mr. Lumu struggled to acquire title of the land belonging to the successor of Matayo Mpanga whereof he is the administrator vid Block 488 Plot 4 Kaswa Luweero. We therefore request your authority to authorise Mr. Lumu Ibrahim open boundaries and acquire a survey report to allow him process for the land title belonging to the Estate which is plot 11 as the residue left. We await for your cooperation and quick response with regard to the same. On 11th March 2020, lawyers of Musan Associates wrote to the The Commissioner Lands about the Area schedule vid 103/12 of Kaswa Bulemeezi. It was received on 12 March 2020. The letter reads, “Reference is made to the above subject matter. We write to you with regard to the issues discussed verbally in your office with regard to the same.That you requested for an area schedule of the same so as to enable you conduct an investigation and make a bolstered decision in reference to the missing blue pages of Lukia Bansuna and Ruth Mwenyango.” “We therefore request you through your office to respond accordingly by allowing our client process the title of the missing blue pages. Hope our request shall be put into your consideration.” Wrote Musan Associates On 17th August 2021, Musan Associates acting on the instructions of Lumu Ibrahim the administrator of the Estate of Lukia Bunsana and Luci Mwenyango, wrote to the Registrar Bukalasa Land Office requesting for research of Block No. 488 plot 11 at Kaswa Bulemeezi in Luweero. They wanted to ascertain the status of the above captioned plot. They wanted this office to provide them with an official search letter thereafter. On the same day, the same lawyers wrote to the Registrar Land Bukalasa, Re: Complaint on Block 488 plot 11 at Kaswa Bulemeezi in Luweero district. We act for and on behalf of Lumu Ibrahim on whose instructions we address you as follows: That the above captioned number is derived from MRV 299 Folio 9. That on the 27th July 2020, a detailed area schedule was issued with information reflecting plot 11 as residue. That it was reflected in the same area schedule that Lukia Bansuna and Luci Mwenyango are entitled to survey from plot 9, from which the residue is generated. That Mr. Lumu is the administrator of the Estate of Matayo Mpanga, Lukia Bansuna and Luci Mwenyango. That Mr. Lumu Ibrahim acquired title plot 10 in 2016 as the successor of Matayo Mpanga as reflected by the MRV title. That Mr. Lumu is in the process of acquiring the title of Lukia Bansuna and Luci Mwenyango respectively. That given the comprehensive distribution of land as indicated in the MRV, Mikali Kalibwame having been the first proprietor ceased to have part or any of the Estate whatsoever as reflected in the MRV. That our client was surprised having been told that plot 11 as residue belongs to Mikari Kalibwame and that title to the whole residue was issued in 2018 as indicated by the district staff surveyor. Whereof, we verily believe that this was fraudulent transaction that took place without our client’s knowledge. That when you add up the Estate of Lukia Bansuna and Luci Mwenyango, it automatically adds up to the total hectares (56.4) as indicated in the area schedule. We therefore request for the following; 1) The permission be granted to survey the said residue conducted by a surveyor. 2) Cancellation of the title of Block 488 plot 11 that was fraudulently acquired/issued in 2018. 3) That title to the respective Estates be processed and issued to the administrator of both estates. On 18th August 2021, Ministry of Lands, Housing and Urban development, Luweero Ministry Zonal office wrote to Musan Associates about statement of search of Bulemeezi Block 488 plot 11 as at 18th August 2021. The following entries appeared on the Title register; Title: LANDS AT KASWA BULEMEEZI BLOCK 488 PLOT 11 Area: 56.4000 hectares Owner: Mikaeri Kalibwani of Kaswa registered on 1st October 2018 at 9:24 am under instrument no. BUK174279 Incumberance/s: None “It is for you to satisfy yourself that this land is the property of the person whom you are interested in and not of someone else of the same name.” Wrote Jamirah Lunkuse, Registrar of Titles, for commissioner land Registration.
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