KAMPALA, UGANDA: A section of senior officials at Buganda Land Board are in hot soup after fresh investigations have exposed them over alleged fraud, conflict of interest of the contest 140-acre prime Kigo land.
In the new evidence tabled (and attached to this article), Kiham Enterprises Uganda Limited, a company partly owned by city businessman Hamis Kiggundu has insisted that it still legally owns the land that has been under contention for months now.
Through its lawyers led by Fred Muwema of Muwema & Company Advocates, Kiham Enterprises has further called for the prosecution of Buganda Land Board (BLB) officials led by a one Bashir Kizito Juma over conflict of interest.
The development comes nearly two months after Ham publicly declared that he had given up on the land to avoid confrontation with the Kabaka of Buganda.
‘I acquired the said land from Wakiso District Land Board on public titled land tenure and I was given titles. BLB’s claim is on milo tenure then why is BLB opposed to boundary opening to simply draw a line between public Land and milo Land. I proposed to make a joint survey but Buganda Land Board is hesitant. I can’t stand to be seen as fighting with Buganda,’ Kiggundu said.
Bashir Kizito Juma is the head of corporate affairs, operations and business development at Buganda Land Board (BLB), a corporate body that runs the kingdom’s land.
But the fact that BLB chose to continue with their accusations, Kiham says had to file a defense and evidence must be filed – and this was effected on May 12.
According to Kiham, BLB falsely asserted that Kabaka is the rightful owner of the land and accused Ham of fraudulently conniving with officers at Wakiso district land board to grab his land which he acquired from the District Land Board.
In his defense, Ham, through his lawyers led by Fred Muwema further contends that he is the owner of the land after he legally obtained it from Wakiso district land board.
He claimed that the survey report which the BLB officials based on to argue their case is fake since it is not even dated and that’s the reason why he appointed a private surveyor William Matovu to conduct another survey report which contradicted with that of the BLB. He promised to present it to the registrar.
The company further pleaded to the registrar not to base on the testimony of Bashir Kizito Juma, the legal Attorney to BLB because he has a conflict of interest in the matter. “Our contention is that there is an actual conflict of interest in the duties of Bashir Kizito Juma acting both as a public officer and a private officer of the complainant,” Ham’s lawyers said.
They added, “This type of conduct by Bashir Kizito Juma is against the Code of Conduct and Ethics of Public Service issued under the Public Standing Orders 2010.”
They divulged that conflict of interest is a punishable crime in Uganda especially where a public officer holds a position in a private body whose operations are in conflict with his official duties.
Kiham Lawyers further say, the irony of the matter is that the freehold titles were granted by the Wakiso District Land, which employs Bashir Kizito Juma which means that he is both a witness and the architect of the complaint.
“This tribunal can therefore not entertain this conflict of public officers to pursue a conflicted complaint which derogates all best practices in public law. In our considered view, entertaining this complaint as presently filed is to perpetuate illegality and a constitutionally prohibited act,” they stated.
Attached below is Kiham’s response to BLB accusationsKiham Enterprises
Also attached is the survey report by Kiham EnterprisesSURVEY REPORT FOR KIHAM ENTERPRISES (U) LIMITED MAY 2022_final draft
Ham pleaded with Karuhanga’s tribunal to dismiss the complaint and declare him the rightful owner of the said land. Karuhanga is set to declare his team’s decision this coming week.
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