Gen. Otafiire legally bought Njeru land-IGG report

The Inspectorate of Government in a report has said the Njeru stock farm land legally belongs to Internal Affairs Minister General Kahinda Otafiire.

IGG said reference was made to a complaint dated November 18, 2014, which was reported to her office concerning the land saga that pits Gen. Otafiire against the alleged stock farm land. The highlights of issues raised in the complaint were that:

The Ministry of Agriculture, Animal Industry and Fisheries bought land that was subleased under Uganda Land Commission as caretaker, which officials of Njeru Town Council subleased to other private. developers.

The report further says the Minister in charge of Animal Industry and Fisheries chaired a meeting attended by staff of Ministry of Lands, Housing and Urban Development, Ministry of Agriculture, Animal Industry and Fisheries and Njeru Town Council where it was resolved that further private development on Njeru Stock Farm land and court summons demanding rent from the National Animal Genetic Resource Centre and Data Bank (NAGRC&DB) for the 750 acres be halted until the issue of ownership is resolved.

The other contested issues were that NAGRC&DB opened the boundaries of the stock farm and found that the farm land was measuring 652 acres instead of the original 750 acres.

Further revelation was that at least 188 acres were chopped off by officials of Njeru Town Council including the chairperson LC III, the Town Planner and some Councilor who went ahead to demarcate another 10 acres and distributed plots.

Investigations conducted established the following

That the Protectorate Government of Uganda leased land comprised of LRV 240 Folio 6, LRV279 Folio II and LRV 171 Folio 25 from Ham Mukasa in 1948 for 99 years. The interests of the Protectorate Government were transferred to Njeru Town Council in 1967 including Plots 2,3 and 4. Njeru Town Council sub-leased the land to various stake holders to undertake residential, commercial, industrial, recreational and agricultural development.

Njeru Town Council sub-leased land to Mr Kezekia Lubega and David W. Senyonga, as well as Uganda Land Commission (Ministry of Agriculture, Animal Industry and Fisheries). Njeru Town Council used to collect ground rent from sub-leases and remitted some funds to the family of Ham Mukasa.

In 1969, Njeru Town Council sub-leased 306 acres to the Ministry of Agriculture (Njeru Stock Farm) out of Plot No 2, 3, 4 and 5 for livestock purposes. During the 1970s, the Ministry of Agriculture applied for another 200 acres for temporal use. The stock farm was extended another 1000 acres and the land was fenced.

“Njeru Town Council allocated 100 acres to Ministry of Agriculture, Animal Industry and Fisheries in 1992, and also accepted to add to the stock farm 444 acres on conditions that ground rent arrears of Shs91.8 million was paid” the report reveals.

It further continues “Under minutes of Njeru Town Council dated march 29, 2000, the chairperson informed members that 200 acres were withdrawn from the offer of 444 acres to Njeru Stock farm. Njeru Town Council sub-leased 80.2 hectares to the Stock Farm and forwarded the sub-lease title LRV 240, Folio 6, Block 295, plots M124 and M125 registered in the names of Uganda Land Commission to the Chairperson of the Commission”.

In 2008 conflicts between Stock Farm and Njeru Town Council persisted due to disagreement on payment of ground rent arrears which led to court action.

On January 24, 2002, the Ministry of Agriculture, Animal Industry and Fisheries paid Shs355, 800,000 million as premium and ground rents to Njeru Town Council for the period 2002-2007 for 750 acres, yet the council had only sub-leased 506 acres of land to the Stock Farm.

Mr Paul Musoke, the then Chairperson LC III through his father’s name and Ms Hajira Meme, former Physical Planner among other officials of Njeru Town Council, were allocated land by town council and developed their plots or sold them.

Njeru Town Council lost its rights over Block 295 Plot 2 occupied by the Stock Farm as the landlord, Ham Mukasa re-entered the land through a court process due to Njeru Town Council failure to pay ground rent and the repossession of the land vide Court Ref MC110.6/2011 and MAC App. No 859.2011.

Further Njeru Town Council lost all rights on Plot 3,4 and 5 partly occupied by the Stock Farm. Under miscellaneous cause No 310 of 2010 and HCT-03-CV-AC-118/2009, Court ordered the Registrar of Titles to register Kyagwe Bukaya Block 295 Plot 3 in the names Fredrick Kato Lukwaju.

“In view of the above findings, we observe that Njeru Town Council which allocated/sub-leased land in issue lost its rights which reverted to the landlords following the Court’s pronouncement on the matters of Plot 2,3,4 and 5”.

“In the circumstance, you are advised to appeal the Court’s decision of causing re-entry of the land in question by landlords. By copy of this communication, the CAO of Buikwe District Local Government is informed that our orders issued on April 22, 2016 concerning the same matter is hereby vacated with immediate effect”. F. Mariam Wangadya Deputy IGG wrote on April6, 2018.

History and chorology of events on the land

Block 296 Plots 3 and 4 at Bukaya were formerly described as certificate No 5421 FC15733 MRV171 Folio 9 Certificate NO5421 FC 15734 MRV 192 Folio1 registered in the names of Enoka Sebowa and Gusite Seruwo respectively.

The late Enoka Sebowa and Gusite Seruwo were the proprietors of the land and neither they nor their administrators ever dealt with and authority or government in relation to Block 295 Plot 3and 4 at Bukaya and there’s no evidence of any such encumbrance on official search of the land register.

However, the said land was the subject of a dispute between the late Ham Mukasa and the family of Enoka Sebowa, a mater which was resolved by the Buganda Lukiiko and judgement entered on the February 11, 1950.

In 2009, letters of Administration of the property and credits of the estates of the late Enoka Sebowa and Seruwo Augusini were issued to Fredrick Kato Lukwajju and Christopher Lule by the High Court of Uganda at Jinja.

Subsequently, late Fredrick Kato Lukwajju and Christoper Lule petitioned the president to effect vacant possession and register the land into their names and through the then acting Principal Private Secretary Ms Joy Kabasti in June 2011 letter relying on the decision of Justice Aweri Opio in Misc Cause No. 310/2010 authored a letter to Ag. Commissioner for Land Registration into the names of Fredrick Kato Lukwajju and Christopher Lule.

Following the petition to the president, Fredrick Kato Lukwajju and Christopher Lule proceeded and petitioned court vide Administration Cause No. 118 of 2009 and Administration Cause No117 of 2009 to register their names on Kyaggwe Block 295 Plot 4 and 3 at Bukaya and court granted orders of registration on December 12, 2011 and July 12, 2012 respectively.

On November 21, 2013, the late Fredrick Kato Lukwajju and Christopher Lule (Administrator of the estate of Gusite Seruwo) with Njeru Town Council and District Surveyor opened boundaries of the said land to ascertain and demarcate boundaries which revealed that land was situate in Bukaya, part of which had been encroached upon by Njeru Stock Farm situate on Block 295 Plot 2 while other portions were irregularly granted to private persons on lease by Njeru Town Council.

The estates of the late Enoka Sebowa and late Gusite Seruwo were being administered late Fredrick Kato Lukwajju and Christopher Lule respectively who were duly registered onto the certificate of titles through a complete court process on November 3, 2015 under instrument number MKO-00022276 and on November 18, 2015, under instrument number MKO-00022828.

Before, the demise of the late Fredrick Kato Lukwajju, he subdivided, mutated and disposed of his estate comprising Block 3 at Bukaya signing transfer and consent forms in favour of all persons with monetary responsibility in relation to his maintenance, securing and obtaining the mother certificate of title.

That the estates of the late Enoka Sebowa and late Gusita Seruwo were being administered by the late Fredrick Kato Lukwajju and Christopher Lule respectively who were duly registered onto the certificates of title through a complete court process on November 18, 2015 under instrument number MKO-00022828. This is where Hon. Kahinda Otafiire’s titles of Block 295 Plots 280 and 283 at Bukaya are derived among others who are now enjoying quiet possession.