The Chieftaincy of Military Intelligence (CMI) has summoned disputed Bwebajja land owners, including Justice Christine Nakaseta Binayisa Kitumba, to brief the army on the involvement of Brig. Sam Wasswa in the dispute.
The Weekly Observer of January 17 broke the story of the high profile land dispute on Entebbe Road that has sucked in army generals, colonels and even a Court of Appeal judge (See: Generals Vs Colonels in Land Fight).
In a January 9 petition to the Chief of Defence Forces, Maj. Gen. Aronda Nyakairima, and Inspector General of Police, Maj. Gen. Kale Kayihura, Justice Kitumba accused Brig. Wasswa of unleashing terror on lawful landlords on behalf of one Rashid Muyingo.
Brig. Wasswa had reportedly deployed soldiers who attempted to evict the landlords and in the process destroyed some property.
According to information available, Justice Kitumba bought her land in 1970 from the late William Muwanga who became Ali Muwanga after conversion to Islam. Muwanga's son, Rashid Muyingo, in 2003 claimed ownership of the 300-acre land, part of which Kitumba owns.
Other prominent landlords here include; Col. Eric Mukasa (UPDF Inspector General of Military Equipment), Col. Fred Bogere (former Army MP), Eng. Henry William Ssentoogo, Muzaphar Lwere Lwanyaga (lawyer), Earnest Kiiza (former Bunyoro Kingdom speaker) and John Sebalamu (businessman).
The dispute that the government has so far failed to resolve involves up to 200 people. As earlier reported in The Weekly Observer, Justice Kitumba and other landlords had also petitioned the Attorney General on December 6, 2007.
"This group which Brigadier Wasswa himself led and delivered on the ground in an Army van (Nissan H4DF 191) and other vehicles with armed escorts including a private security firm has and continues to maliciously damage our existing infrastructure by way of demolishing fences, shelters, breaking up containers, beating up people, threatening violence and setting our properties on fire hence a situation of anarchy," the judge lamented in her letter to the CDF.
It is believed that CMI swung into action after The Weekly Observer reported on the judge's petition. In fact, even the Police chief, Maj. Gen. Kayihura, has ordered an investigation of the matter.
CMI questions judge
The Army Spokesman, Capt. Paddy Ankunda, told The Weekly Observer on phone this week that if CMI is investigating the matter, it should be because of the involvement of "our officers." Otherwise, Ankunda says, the Bwebajja land dispute is a Police matter.
Lawyer Muzaphar Lwere confirmed to The Weekly Observer on phone this week that he had made a statement at the CMI offices on January 24.
Three CMI officials have been assigned to investigate the matter. They are; Capt. Naboth, Capt. Gideon (Director of Special Investigations), and Lt. John Kabazaire.
Speaking on phone, Capt. Gideon confirmed that the CMI was indeed investigating the matter.
However, some legal minds have told The Weekly Observer that by summoning the judge, CMI is overstepping its mandate.
According to a lawyer who preferred not to be identified, the strict judicial ethics would bar judges from making statements in barracks.
However, military sources have told The Weekly Observer that CMI is under strict instructions to investigate the matter for possible action against Brig. Wasswa, and will stop at nothing to discover the truth. Besides, desperate Kitumba appealed to Nyakairima which gives the army a reason to get involved.
Police probe
Even before the conclusion of the Police investigations headed by Alfred Bitwire (Central Region Police Commander), two arrests have been made so far.
On January 17, Police arrested Aloysious Nsubuga and Edward Kizindo who were allegedly found subdividing Justice Kitumba's land on plot 243 and 244. The two were also subdividing a piece of land belonging to another resident, Anthony Mayanja.
The two suspects were detained at Kampala Central Police Station and charged last week with trespass, malicious damage to property and surveying without license. They were remanded at Kigo Prison. A Police source said more arrests are expected to follow.
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