The group generally noted that they have a constitutional right to apply for bail and have fixed places of abode in the jurisdiction of the Anti-Corruption Court.
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The Uganda Land Commission's Chairperson Beatrice Byenkya talking to one of her lawyers in court.
The
Anti-Corruption Court in Kampala has charged the Uganda Land Commission -ULC
Chairperson Beatrice Byenkya Nyakaisiki with obstruction of search and abuse of
office.
On Tuesday, January 11th,
Byenkya Nyakaisiki was arraigned before court presided over by the Chief Magistrate Joan
Aciro who read to her the charges of obstruction of search in the presence of
her body guards from the Counter Terrorism Unit of Police who were sent on
remand last week on the same charges. They are: Richard Anywar, Titus Wamono and Edward Turyatunga.
Court heard that Byenkya Nyakaisiki together with
her body guards obstructed Michael Tumukurate, Zakaria Teberindwa and
Superintendent of Police Noreen Akello officials from the Inspectorate of
Government from carrying out a search in the ULC offices.
According to the office of the
Inspectorate of Government, the officials were going to conduct a search while
acting in the exercise of powers conferred by the Inspectorate of Government
Act of 2002, but they were obstructed on January 4th 2022 when they went to
execute their duties.
However,
Byenkya Nyakaisiki denied the charges when the matter came up on Tuesday and
together with her body guards who had been returned to court for mention of
their charges, the group asked to be released on bail.
Byenkya Nyakaisiki who
was being represented by lawyers led by Ateenyi Tibaijuka asked to be released on bail arguing that she
is a senior citizen in this country and that she sometime back got an accident and she needs to be
given bail such that she can continue getting treatment. However, two of her body guards
were granted bail.
The
Inspectorate of Government through its Prosecutor, Dr. Ernest Katwesigye objected
to the release of the accused persons saying that their sureties were not
substantial.
According to
Katwesigye, some of the sureties presented by the accused persons had
information on their National Identification cards that was not matching with
that one on the submitted Local Council one introduction letters. This, he said
the places of residence were not the same, making it difficult for them to trace
them if any of them absconded from the trial.
After
hearing the submissions from both sides, the Chief Magistrate took a break from
court to enable her write her ruling and to scrutinize the documents present. On return she granted a cash bail of 4 million
shillings to each of all the accused persons and their sureties each bonded 35
million shillings with exception of Turyatunga.
Turyatunga has been denied bail on grounds
that his sureties had LC1 letters written in languages not known by court and
were therefore considered not substantial.
He was
advised to bring substantial sureties and on January 17th 2022 if he
is interested in bail. He was
accordingly sent back on remand at Kitalya prison till then when the case will return
for mention.
On October 12th 2021, the Lands
Minister Judith Nabakooba suspended the management of the ULC and assumed
duties of the Commission before directing the Inspectorate of Government –IG to
interdict Byenkya and other commission leaders to pave way for investigations
into allegations of misconduct, abuse of office and mismanagement of resources.
In line with the aforementioned directive,
the Inspectorate of Government officials had last week gone to conduct a search
at ULC when they were allegedly obstructed by the accused persons.
Background
On December 22nd 2021
Byenkya Nyakaisiki petitioned the High Court challenging the legality of her interdiction.
As a result, on December 29th 2021, Justice Musa Ssekaana granted
her a temporary injunction halting her interdiction until her case is
determined.
Byenkya Nyakaisiki has since indicated that there
are some political untouchables who want her out of office because they have
reportedly grabbed public land and fear to be exposed.
In 2020, the Auditor General’s report
indicated that ULC did not have a land inventory
and database for all government land and properties under its jurisdiction. The report also revealed that there was a
liability of 9.4 billion shillings which did not have supporting documents and
overstated compensation payables amounting to 15 billion shillings among other
flaws.
