AG seeks to represent police officers in Kirumira land case

The Attorney General has applied to Mukono High Court to allow it represent four police officers involved in a Namanve land case involving businessmen Godfrey Kalule Kirumira and Prof Minaz Karmali.

In an application filed in court on April 26, Senior State Attorney Mark Muwonge, said the “actions alleged to have been committed were done in the course of their duties as police officers.” 

 Mr Muwonge said the officers are not personally liable for the said actions. 

They include Mr Anatoli Katungwesi, the Kampala East Regional Police Commander; Mr Erasmus Twaruhukwa, the police’s legal adviser; Mr Edirisa Kyeyune, the Mukono District Police Commander and Ms Alice  Norah Akide, the officer-in-charge of Namanve Police Station. 

“I have been informed by the Inspector General of Police whose information I verily believe to be true that the actions alleged to have been committed… were done in the course of the executing their official duties,” read in part the affidavit sworn in by Mr Ambrose Ocol from the Attorney General’s chambers.

He continued: “I know that it is the mandate of the Attorney General to defend the actions of government or any other legal proceedings to which government is a party. It is the mandate of the Attorney General to defend the actions of government or any other legal proceedings to which government is a party.”

So the Attorney General, who had been jointly sued alongside the four police officers, now wants to remain alone on the case.

“We ask the court to strike off the police officers from the suit and maintain the Attorney General as the only respondent,” Mr Muwonge submitted.

Mr Kirumira claims the police officers disobeyed a temporary injunction order issued on February 15, 2022. 

He now wants the court to convict Mr Kyeyune and Ms Akide for alleged contempt of court.

On February 19, the businessman also applied to the court, saying Mr Katungwesi and Twaruhukwa should be “jointly and severely held to be in contempt of court’’  for disobeying the 2022 order.

Last Friday, Justice David Matovu adjourned the case to allow Mr Kirumira to respond to the Attorney General’s application.

“Let the application be served to [Mr] Kirumira’s lawyer, Mr Francis Ssebowa, before fixing it for hearing on May 25,” Justice Matovu said. 

Mr Kirumira has been embroiled in a legal battle over  46 acres of the land in Namanve Industrial Park, Wakiso District, with the proprietor of Liberty ICD Limited, Prof Karmali.

Genesis of case

The dispute started two years ago.  Mr Kirumira swore an affidavit, stating that Justice David Batema issued an interim order on December 1, 2021, stopping  other people from blocking him, his employees and agents from the land on plots 393 and 392 and visited the disputed land on February 11, 2022.

The businessman, however, said on February 2, the police officers stopped him, his employees from accessing the disputed land and removed a motor vehicle.

Mr Kirumira now wants court to compel the police officers to pay him Shs500m in compensation and penalised for allegedly disobeying the court order. 

Recently, the Mukono resident district commissioner, Ms Fatuma Ndisaba, said a survey should be done to determine ownership of the disputed land.

Kampala Metropolitan Police Spokesperson Luke Owoyesigire said police ordered for re-survey of the land after applying to the lands ministry and they were given green light, but Mr Kirumira opposed the move as being in contempt of court.

Namanve land issue

City businessan Godfrey Kirumira and  investor Karmali  have been embroiled in a legal battle over 46 acres  of land located in Namanve Industrial Park, Wakiso District, for two years now.

Mr Kirumira claims he is the registered proprietor of  the kibanja in Namanve but the government and the investor say he acquired it illegally.

According to court documents the Monitor has seen,  Mr Kirumira allegedly transferred Plot 393, Block 113 in the heart of  Namanve into his name, yet the land belongs to Prof Karmali.

Prof Karmali and Uganda Investment Authority (UIA)learnt of the transfer when UIA wanted to buy part of the land and lease it to Chinese investors 

UIA and Prof Karmali  discovered that Mr Kirumira had allegedly taken possession of the Shs15b land at Shs400m.

In his defence, Mr Kirumira says he bought the land from Yokana Galikwoleka Mukasa in October 2017 but Mr Joseph Muwangizi, who has been a resident for the last 30 years said  Mukasa  died in 1996.

As a result,Mr Karmali says Mr Kirumira’s deals  are tainted with fraud and forgery.