Residents of Kamengo Village in Maddu, Gomba District, are living in fear of losing their homes and livelihoods due to the alleged abuse of authority by Frank Rushanganwa, who claims to be acting on behalf of the State House Anti-Corruption Unit.
Rushanganwa has been accused of using his purported connection to the Unit to intimidate and coerce villagers into surrendering their land, violating their rights as citizens and leaving them at risk of homelessness.
The villagers, who have lived on the land for generations, are now facing the very real possibility of being forcibly evicted from their homes, with many already reporting threats and harassment from Rusanganwa and his associates.
The situation has sparked widespread concern and outrage, with many calling for the State House Anti-Corruption Unit to take immediate action to address the allegations and protect the rights of the affected residents.
The Unit has been urged to investigate Rushanganwa’s activities and determine whether he has been misusing his authority to further his own interests at the expense of the villagers.
In the meantime, the residents of Kamengo Village remain in a state of limbo, uncertain about their future and fearful of being forced from their homes.
The incident serves as a stark reminder of the need for accountability and transparency in the exercise of authority, as well as the importance of protecting the rights of citizens and upholding the rule of law.
Civil Suits No. 36 of 2011 and No. 210 of 2021
The contentious land dispute revolves around a sizable 645.93-acre property, originally owned by the late Nasanairi Kinalwa since 1914. Kinalwa, who was the registered proprietor of the land under MRV 32 Folio 12 FC 0219 (Gomba Block 95, Plot 1, Kamengo), passed away in 1947, bequeathing the land to his children and relatives.
In his will , the land was distributed among 12 beneficiaries, with each receiving specific portions as outlined below:
1. Zebidayo Manga – 20 acres
2. Padia Kalanzi – 15 acres
3. Yowana Kalanzi – 25 acres
4. Ndikodemu Sempago – 10 acres
5. Yoweri Musoke – 20 acres
6. Daudi Mukasa – 15 acres
7. Semasityane – 10 acres
8. Akamada Kalibala – 20 acres
9. Mulinda Kezekiya – 20 acres
10. Abumeri Nabagesera – 50 acres
11. Aidah Nansikombi – 25 acres
12. Yowana Kaddu (purchaser) – 11 acres
As part of the inheritance, Nakimera Miriel, an aunt of the late Nasanairi Kinalwa's children, inherited a significant portion of 20 acres from the 645.93-acre property. In addition to her inheritance, Miriel was also entrusted with the responsibility of managing the entire land on behalf of the family.
Her duties included collecting busuulu (land rent) from tenants and redistributing the collected funds among the family members at the end of each year.
Family Disputes and Fraudulent Land Sales
The case of the Kamengo Village land dispute is a complex one, involving family disputes, fraudulent land sales, and abuse of authority. After Nakimera’s passing in 2003, Nakalanzi Perusi was appointed caretaker, but disputes arose in 2005 when Herbert Ezra Kabali claimed sole ownership of the land and stopped tenants from paying busuulu.
The family intervened, removing Kabali from managing the land and restoring Perusi as caretaker. However, in 2010, the family discovered that Kabali had fraudulently sold 400 acres of land to Frank Rushanganwa, with investigations revealing that Kabali had conspired with Rusanganwa and Viningoma Joseph to transfer the land title, registering Rushanganwa as an administrator.
This case highlights the importance of proper land ownership documentation and the need for transparency in land transactions. It also underscores the challenges faced by families in resolving land disputes, particularly when there are conflicting interests and allegations of fraud.
In Uganda, land disputes can arise from various sources, including customary land tenure, leasehold, freehold tenure, and mailo tenure. The process of transferring land titles can be complex, involving documentary requirements, payment of estate taxes, and registration with the Registry of Deeds.
In cases where heirs cannot agree on the transfer of land titles, a judicial settlement of estate may be necessary.² However, an extrajudicial settlement is often the cheapest and most efficient way to transfer land titles to family members in the Philippines.
NOTE:
To avoid disputes and ensure a smooth transfer of land titles, it is essential to:
- Obtain proper documentation: Ensure that all necessary documents, including death certificates, certificates of title, and deeds of sale, are obtained and registered with the relevant authorities.
- Pay estate taxes: Pay estate taxes within the required timeframe to avoid penalties and interest.
- Register land titles: Register land titles with the Registry of Deeds to ensure that the transfer is legally recognized.
- Seek legal advice: Consult with a lawyer to ensure that all legal requirements are met and to avoid potential disputes.
Destruction and Displacement
Following the fraudulent transfer of the land title to Frank Rushanganwened by his newfound ownership, began a campaign of forced eviction, demolishing homes and destroying the livelihoods of the villagers.
The once-thriving community was left in ruins as Rushanganwa’s actions resulted in the destruction of:
- Homes: leaving families without shelter
- Banana plantations: a vital source of food and income
- Coffee crops: a key cash crop for many villagers
- Gardens: destroying the fruits of the villagers’ labor and leaving them without a source of nutrition
The villagers, who had lived on the land for generations, were left to face an uncertain future, struggling to come to terms with the loss of their homes, livelihoods, and way of life.
Undeterred by the villagers’ resilience, Frank Rushanganwa escalated his tactics to forcibly displace them. He introduced cattle onto the land, deliberately allowing them to destroy the remaining crops, in a bid to break the villagers’ spirits and force them to abandon their homes.
Furthermore, Rushanganwa allegedly exploited his connections to the State House Anti-Corruption Unit, wielding its authority to intimidate and harass the residents. This abuse of power aimed to further destabilize the community, creating an atmosphere of fear and uncertainty that would ultimately drive them off the land.
The villagers, already reeling from the destruction of their homes and livelihoods, were now faced with the daunting prospect of resisting the might of the State House Anti-Corruption Unit, as Rushanganwa continued to exploit his connections to further his own interests.
Despite the family reporting the matter to court, they have not regained control of the land title.
Armed with the fraudulently obtained land title, Frank Rushanganwa launched a systematic campaign to destroy the properties of the Kamengo villagers. He began by demolishing homes, uprooting banana plantations, and destroying coffee crops, leaving the residents without shelter, food, or livelihoods.
As the villagers resisted his initial attempts to displace them, Rushanganwa escalated his tactics. He brought in cattle to trample and destroy the remaining crops, rendering the land unusable and furthering his efforts to forcibly evict the residents.
This deliberate destruction of property and livelihoods has left the villagers in a state of desperation, facing an uncertain future and struggling to survive. The once-thriving community has been reduced to a state of devastation, with Rushanganwa’s actions causing irreparable harm to the villagers and their way of life.
with Rushangana to evict the residents from their lands and destroy their gardens .
The residents of Kamengo Village have leveled serious allegations against Frank Rushanganwa, accusing him of exploiting his connections to the State House and the Anti-Corruption Unit to harass, intimidate, and torture them.
Despite the family’s efforts to seek justice through the courts, they have yet to recover the land title from Rushanganwa. The prolonged and contentious dispute has taken a significant toll on the family and the community, leaving them feeling powerless and vulnerable to Rushanganwa’s continued abuse of authority.
The allegations of harassment, torture, and exploitation of power are extremely serious and warrant immediate attention from the relevant authorities. It is essential that the State House and the Anti-Corruption Unit take swift and decisive action to address these allegations and ensure that Rushanganwa is held accountable for his actions.
Furthermore, the court’s failure to resolve the dispute and recover the land title from Rushanganwa raises concerns about the effectiveness of the justice system in protecting the rights of citizens. The family and the community deserve a fair and timely resolution to this dispute, and it is the responsibility of the authorities to ensure that justice is served.
Testimonies from Affected Citizens
Mukasa Steven, the Chairman of Kamengo Village, has shared a disturbing account of how Frank Rusanganwa has been using his connections to the State House and Anti-Corruption Unit to harass and intimidate villagers.
The dispute centers around a 645.93-acre piece of land that has been in the family for generations.
According to Mukasa, the trouble began when Herbert Ezra Kabali forged papers and became the administrator of the land without family approval. Kabali then sold the land to Rusanganwa, who has been using his influence to evict villagers and destroy their properties.
The family has tried to resolve the dispute through internal meetings, but Rusanganwa has refused to return the land title. Instead, he has continued to use his connections to harass and intimidate the villagers.
To address this dispute, the villagers may want to consider alternative dispute resolution methods, such as mediation or arbitration. Alternative Dispute Resolution Methods include:
- Mediation: a process where a neutral third party helps facilitate a discussion between the disputing parties to reach a mutually acceptable agreement.
- Arbitration: a process where a neutral third party makes a binding decision after hearing evidence and arguments from the disputing parties.
Additionally, the villagers may want to seek assistance from local authorities, such as the District Land Board, or non-governmental organizations that specialize in land rights and dispute resolution.
Ultimately, the dispute in Kamengo Village highlights the need for effective dispute resolution mechanisms and the importance of protecting the rights of local communities to their land.
Nabakooza Annet, a long-time resident of Kamengo Village, had purchased land in the area in 2004. However, she was forcibly evicted from her property by Frank Rushanganwa and his associates. Her crops were destroyed, leaving her family without a source of food or income.
Annet was also banned from trespassing on the land, effectively rendering her homeless and without a means of supporting her family. This traumatic experience has had a profound impact on Annet’s life, leaving her feeling vulnerable and powerless.
Ronald Sseguya Basajja Balaba, a 45-year-old resident of the village, suffered a brutal attack at the hands of Rusanganwa and his gang. This violent assault has left Balaba with physical and emotional scars, and has created a climate of fear and intimidation in the community.
Bwanika Umaru, a 40-year-old resident of Kamengo Village, has also shared harrowing accounts of forced evictions and destruction of livelihoods. Despite having lived on the land since the time of Nakimera, and having purchased the land from her, Umaru has been subjected to the same tactics of intimidation and harassment as his neighbors.
The experiences of Annet, Balaba, and Umaru are a testament to the devastating impact of Rushanganwa's actions on the community. The forced evictions, destruction of livelihoods, and violent attacks have created a climate of fear and uncertainty, leaving residents feeling vulnerable and powerless.
Ongoing Struggle
Residents claim the justice system has failed to protect their rights, favoring the wealthy over the poor. They call on the Ministry of Lands, led by Minister Mayanja, to address their plight and return their land title to rightful owners.
For now, the case remains unresolved, leaving Kamengo residents facing a tough struggle because of the land dispute.
