Our Investigative team at TV10 GanoMazima has exclusively seen a letter dated 2nd April 2024 which was received by the Attorney General’s chambers, K&K Advocates, lawyers representing Kabaka Mutebi in his Official capacity as a corporation sole culture leader of Buganda and S&L Advocates, the lawyers representing Kabaka Mutebi in his personal capacity as Ronald Muwenda Mutebi the son to late Sir Edward Walugembe Mutesa.
The Constitutional Court which also doubles as the Court of Appeal is set to decide on Kabaka Ronald Muwenda Mutebi’s protest against the prayers made by his subject lawyer Kassim Male Mabirizi who wants to access and inspect his juicy bank accounts and other confidential Buganda Kingdom documents he signed with President Yoweri Kaguta Museveni and the status of the Official Mailo land in Buganda.
In the said letter, Mabirizi claimed that he was going to use the documents to argue out his case against the respondents given that they are instrumental in helping court deliver justice in his petition.
Among the documents Mabirizi listed to be given to him by Kabaka’s lawyers include; the certified copy of the 2013 Memorandum of Understanding signed between Kabaka Mutebi and President Museveni.
He also wants to be given up to date particulars of all land leases, sub leases, licenses and other dealings between the office of Kabaka of Buganda and himself as Ronald Mutebi and his personal companies where he has interests and shares.
Mabirizi also wants Kabaka to give him documents showing the particulars of all payments so far made to his office as Kabaka of Buganda including bank transfers and statements pursuant to the 2013 Memorandum of Understanding.
He wants to also access all the payments so far made to Kabaka Mutebi by settlers on the official mailo land returned to him by President Museveni’s government in 1993.
Our sources informed us that Mabirizi also wants the Attorney General Kiryowa Kiwanuka who is also a senior partner at K&K Advocates who he wrote to in his official capacity as the Attorney General of Uganda to reveal to him certified copies of the parliament plenary attendance lists for Members of Parliament present during the debate and passing of the Land Act 1998.
He wants to be given the parliament plenary proceedings (Hansard) leading to the Land Act 1998 as passed, the parliamentary plenary proceedings (Harsard) that led to the Land (Amendment) Act 2010 and a certified copy of the Memorandum of Understanding signed in 2013 between the government of Uganda and Kabaka Mutebi.
He also wants up to date particulars of all the properties so far returned to Kabaka, all payments and bank statements so far made to Kabaka as a result of the signed agreement.
Mabirizi also wrote to Kabaka Mutebi’s other lawyers of S&L Advocates who are representing him in his personal capacity to reveal to him the bank statements of their client.
However, Mabirizi confirmed that Kabaka’s lawyers of K&K Advocates through their senior partner Edwin Karugire who is also a personal lawyer and a son-in-law to President Museveni confirmed to him that they are not going to give him the documents he asked for because he has no legal bearing in his petition.
“Now I’m waiting for a response from the Attorney General because he is also a party in my petition and Kabaka’s personal lawyers of S&L Advocates. If they decline to reveal the documents I ask for, I will proceed with the application before the Court so that they force them to do so,” Mabirizi said.
He boasted that he is not threatened with Karugire’s actions because there are a number of authorities which he will rely on to convince the Justices of the Constitutional Court to force them to give him the documents he wants.
Mabirizi further wants Kabaka Mutebi, his former cultural, palace and security minister and also the former Chief Executive Officer of Buganda Land Board (BLB) David Kiwalabye Male, Baker Ssejjengo an employee of BLB, Bashir Kizito Juma the Deputy BLB Chief Executive Officer to be cross examined.
He claims that Kizito and Ssejjego helped Kabaka to mismanage Buganda Kingdom properties and a number of them are registered in his personal names and companies.
He further alleges that Kabaka Mutebi’s BLB used force to violate settlers on the official mailo while the government looked on.
He wants court to declare that president Museveni illegally signed the 2013 Memorandum of Understanding with Kabaka Mutebi.
He further wants the five justices of the constitutional court to declare that Kabaka Mutebi is not the owner of Buganda Kingdom official mailo land but just a trustee.
Kabaka and other parties denied all the allegations Mabirizi placed against them and asked court to dismiss his petition with costs.
Court set 1st June, 2024 as the date to kickoff the process of scheduling the matter before it is taken to the five justices who will determine it.
