The famous Mbwa Tract land conflict that was erroneously gazzated by Parliament and bestowed to Uganda Wildlife Authority without consultation or compasation has once again taken a new twist after the Constitutional Cour sitting in Kampala dismissed a petition that sought to challenge the gazetting of the land.
It should be remembered that in 27th March 2002, Parliament gazzated 6 villages of Ahakikome, Karukara, Kanyashogye, Kyoogo, Murushasha and Rukungwe all found in Mpungu Sub-county in Kanungu District.
It was later established that the land was erroneously gazzated and Uganda Wildlife Authority went on to apologise to the residents and it was agreed that after assessment, the land in question be de-gazzated and the occupants were allowed to remain on the land.
However, the residents and occupants of the land who included Kinkizi Development Company, an organisation with interest in Tea sector could not process ownership land titles once the de-gazzated land remained under Uganda Wildlife Authority.
It’s on this background that Cabinet held a meeting and agreed that the Ministry of Tourism Wildlife and Antiguities and that of Lands map out the land in question and degazzate it which was consented to by President Yoweri Kaguta Museveni who had personally visited Mpungu Sub-county in 2008 to listen to the people’s complaints.
President visited Mpungu Subcounty twice 4th September 2008 and on 7th Feb 2016 over the same controversy and pledged to the people of Mpungu that no body will take away their land and that they should keep using the same land without any disturbances. He affirmed that a process for degazetiment will be followed by Government to ensure that their land is degazzeted.
However, before anything could be done, a Private Lawyer, Stephen Turyatunga Ikamukuba?born in Kayonza Sub-county petitioned the Constitutional Court demanding that Court de-gazzate the land, and this put on halt all the processes which Kanungu District Local Government who are the custodian of the land had agreed with Uganda Wildlife Authority, Ministry of Tourism Wildlife and Antiquities and that of Lands.
Mpungu Sub-county Chairman Ndyomugyenyi Robert Kakuru told journalists that the residents never asked Counsel Turyatunga whom they think acted by political interest since he is a candidate in Kinkizi West Constituency where the land is located, he was never sanctioned by either the Sub-county or District to act on their behalf.
Now a Panel of 5 Judges of the Constitutional Court, who include Mike John Musisi, Esta Nambayo, Jesse Byaruhanga Rugyema, Ketra Kitarisibwa Katunguka and Irene Mulyagonja have unanimously dismissed the petition No 33 of 2022 on grounds that it has no merit.
The lead judge Mike John Musisi ruled that whereas the Petitioner raised an important constitutional concern, the issue had been conclusively determined since the error was accepted and the people affected by the gazzatement still retain the right to seek compensation where appropriate.
Efforts to talk to the Petitioner Turyatunga Ikamukuba were futile as he could not answer repeated calls from our reporter, but a source close to him said that together with the purported residents who signed affidavits supporting his petition who include Onesimus Mugyenyi, Ngambeneza Ephreme and Wamala Julius have threatened to appeal to the Supreme Court to seek redress.
Its reported that Lawyer Turyatunga Ikamukuba decision to go to the Constitutional Court on legality challenging the the procedures which the Government used saying that they never followed the right procedures is not stipulated in the Constitution of the Republic of Uganda.
The new ruling now sets the proper procedures to be followed to ensure that the Mbwa Tract land is degazzzated and reverted to the rightful owners.
Here below this Online Publication reproduce the ruling in part made by the lead Constitutional Court Mike John Musisi and the the document issued by Kanungu District Local Government about the matter.
