Whistleblower Implicates Principal Judge, Prof. Katunguka in Kyambogo Hill Land Fraud

By Ochola Odonga Dominic URN

A whistleblower has petitioned the Inspectorate of Government – IG to expeditiously investigate Principal Judge Flavian Zeija, and Prof. Eli Katunguka-Rwakishaya, the Vice Chancellor of Kyambogo University for alleged illegal consolidation of suits to grab over 80 acres of land belonging to 47 litigants and over 400 tenants on Kyambogo Hill in Nakawa Division, a suburb of Kampala.

Godfrey Deogratius Ouma, in his petition, alleges that the Principal Judge acting under the influence of the Vice Chancellor collected files with different causes of action against Kyambogo University before different Judges and placed them in the hands of another judge, without notice of the parties to those suits and their respective lawyers.

Order 11 Rule 1 of the Civil Procedure Rules Statutory Instrument 71-1 states that where two or more suits are pending in the same court in which the same or similar questions of law or fact are involved, the court may, either upon the application of one of the parties or its motion, at its discretion may order a consolidation of those suits.

In the petition dated 21st December 2023, received and stamped by the IG’s registry, Ouma argues that the actions of the duo contravene Article 128, Clause 1 & 2 of the Constitution which provides that in the “exercise of judicial power, the courts shall be independent and shall not be subject to the control of any person or authority.”

 “The Principal Judge Zeija was not handling these cases and his alleged militant actions in the High Court Land Division, have made it difficult to litigate cases of land grabbing against Kyambogo University because he has become a shield and a godfather to the Vice Chancellor who is not a party to those suits against the University,” read part of Ouma’s petition.

Ouma also attached the Judge’s alleged letter calling for the delivery of different files to be consolidated by one judge and copied the petition to the U.S. Department of State, the General Secretary of the Organization Islamic Cooperation, the Board of Governors Islamic Development Bank, the Regional Hub Manager, the Islamic Development Bank, and the Judicial Service Commission.

By copying the petition to the U.S. Department of State, Ouma told Uganda Radio Network that he wants the duo to be sanctioned over abuse of authority and gross violation of the rights of the affected litigants to own land legitimately.

“It is so disheartening to learn that Lady Justice Immaculate Busingye refused to Consolidate Civil Suit No. 234 of 2019 against Kyambogo University together with Civil Suit No.138 of 2021, the latter being a case against Kyambogo University – Versus – Uganda Land Commission and the Kampala District Land Board the file was also taken from her and given to a judge preferred by the Principal Judge,” the Whistleblower stated.

Furthermore, Ouma contends that one case not mentioned in the alleged queried letter of the Principal Judge which is Civil Suit No. 243/2023 also against Kyambogo University was struck off in very unclear circumstances in a hearing of a temporary injunction.

“Yet there was a notice issued on 4th September 2023 to visit locus in Kyambogo Hill on 14th same month before delivering a ruling on the injunction in Msc – App No. 606 of 2023 arising from Civil Suit No. 243 of 2023 which was struck off after the locus notice was issued,” Ouma added. 

“The irregularities involved in that case have accelerated land grabbing in Kyambogo Hill, and some land grabbers are being funded by the Islamic Development Bank. This banking institution, among other funders, seems not to be aware of the land grabbers they are funding,” he contended. 

Ouma also elaborated that the land (Plot M902) measuring 160.260 hectares where Kyambogo University sits was investigated by the Commissioner of Surveys and Mapping in March 2021. The ownership is also still under investigation by the Directorate of Criminal Investigations following the recommendation of the Commissioner of Surveys and Mapping and complaints from the litigants armed with original documents.

“Those grabbing the land together with Kyambogo University, claim that it’s ‘Former Public Land’, whereas not. A look at the British Historical Map and Cartridge Map of Kyambogo Hill shows that there are no Surplus Estates Codes and Pubic Land Codes in that area to prove otherwise,” Ouma further stated.

When contacted, Prof. Katunguka wrote a letter to the Principal Judge to expedite the hearing of the suits because encroachers were constructing new structures on the land in question at the time yet there was an injunction to keep the status quo until the main is disposed of.

“My letter to the Principal Judge had nothing to do with the influence peddling, I had to act as the CEO of the University to safeguard against encroachers,” Prof. Katunguka told URN on the phone on Friday. However, neither the Principal Judge nor the Spokesperson of the Judiciary responded to our calls at the time of filing the report.