AG to continue representing police officers in Kirumira land case

It is the constitutional mandate and responsibility of the Attorney General to defend government workers and institutions when they are dragged to court in civil matters. 

It was therefore no different when businessman Godfrey Kirumira sued the police officers over Namanve land case. Attorney General Kiryowa Kiwanuka has pledged to continue defending police officers in this land case while following right procedures. 

The police officers including Kampala East Regional Police Commander, Mr Anatoli Katungwesi, Police Legal Director, AIGP Erasmus Twaruhukwa, Mukono District Police Commander Edirisa Kyeyune and Namanve Police Station boss Norah Akide were sued alongside the Attorney General.h

The state attorney Ambrose Ocol who derives instructions from the Attorney General  swore an affidavit, stating that the police officers were doing their work in accordance with the law and that they cannot be individually held responsible for their actions.

Mr Kirumira sued the four police officers at Mukono High Court, accusing them of defying a court order, for purportedly surveying industrial land at Kyaggwe Block 113 Plot 393 and 392 in Namanve Industrial Park, to assess the validity of a Kibanja indicated in suit 322.

However on September 15, Justice David Matovu dismissed an application in which Namibia honorary consulate Kirumira had sought to cross examine a state attorney, who swore an affidavit defending police officers’ actions in the Namanve land case.

Justice  Matovu  dismissed Kirumira’s application on grounds that it wasn't justifiable. 

"An application can only be allowed when Kirumira’s lawyers- Francis Ssebowa and Vennie Murangira Kasande, needs clarification on facts contained in the affidavit," Justice Matovu said. 

Justice Matovu told court there is no reason to have Ocol to appear in court for cross-examination as the application is overruled with no orders as to costs. 

On December 3, 2021, Justice David Batema (now Iganga High Court judge) issued an interim order blocking Liberty ICD Limited from accessing the disputed property. 

Ocol stated that the Uganda Police Force legal director had guided that the boundaries of the land in dispute be opened to ensure proper implementation of the court order issued by Batema in 2021.

The judge agreed with senior State Attorney Mark Muwonge that the Attorney General is aware of the complaint filed against the four police officers and he is ready to defend them.

Muwonge said Police officers cannot be sued individually because this would set a bad precedent in the country which will stop police activities. 

Matovu stated that he does not find it necessary to delve into the communications between the Inspector General of Police (IGP), John Martins Okoth Ochola and the Attorney General because they share a lot of information which is not relevant to the matter.

After the ruling, Kirumira’s lawyers sought leave to appeal against the decision in the Court of Appeal, a request that the judge granted.

Visiting the land:
Justice Matovu said he would visit the land on November 27, 2023 to ascertain the truth on the ground and directed the parties to appear at the locus together with Government and private surveyors.
The judge took the decision amidst protests from Ssebowa, who stated that the locus had already been visited by Justice Batema.

He said before hearing the case, I has to visit the locus to be shown land at Kyaggwe Block 113 plots 392 and 393 so that I can establish who owns it. 

 "Why has Kirumira never appeared in court during the hearing of the case for the last two years? Justice Matovu therefore, directed that Kirumira appears on day of the locus visit.

The judge said during the locus visit, he will engage the community leaders, residents of the area and the surveyors, to ascertain the owner of the land, which Kirumira claims is a kibanja he purchased from Yokana Galikwoleka Mukasa.

Court documents, however, indicate that Mukasa died in 1996 and a sales agreement, according to the lawyer representing Liberty ICD Limited Esau Isingoma, was signed between Kirumira and the deceased in 2017, hence a forgery.
The court heard that Justice Batema issued the interim order on December 3, 2021, and visited the locus on February 11, 2022.
Isingoma told court that Batema issued the interim order four days after Kirumira had filed a suit against Liberty ICD Limited without the knowledge of the latter (Liberty).
He, therefore, requested that the court presides over the matters regarding the disputed land under suits 322 and 351 because an application in which police officers were sued is different.
“Several applications filed by Kirumira are merely meant to delay the hearing of the substantial matter before court,” Isingoma noted.
He also told the court that the thumb print placed on the sales agreement belongs to Steven