Family speaks out on disputed Mulago hospital land

The family of the late Sefasi Kiwanuka has laid claim on Mulago hospital land, and provided behind-the-scenes details on how undisclosed government officials have on several occasions tried to convince them to sell their great grandfather’s land to government.
Without revealing names, one of the family members, who requested not to be named in order to speak freely, re-counted how ‘some people’ were “arm-twisting” family members to accept $800,000 (Shs2.9b) per acre in the event government bought Mulago land at $2m (Shs7.3b) per acre.
The kickback of about $1.2m (Shs4.3b) per acre, would then go to the officials in the deal.

The disputed Mulago land measures approximately 1.5660 hectares (about four acres).
The land houses a police station and staff quarters. The family has since rejected the proposal and instead offered to give Mulago 0.94 acres for free.

Speaking on behalf of the family, Capt Fred Kasibante, a grandson of Ms Eseri Nsangi, who is the daughter of the late Kiwanuka, condemned “delayed justice” and explained that the land in question was initially registered on October 24, 1938.

The land is currently registered in the name of the Administrator General as administer of the estate of the late Kiwanuka.
“We don’t want compensation from government, we just want our land, and as a family we will decide what to do with it,” Capt Kasibante said.
“Mulago hospital has illegally occupied our land since 1959…Our grandparents tried to get this land back but they have kept dying without getting justice. This land belonged to our great grandfather Kiwanuka, and we have a title deed and other supporting documents.”

“We are not impostors. We have been holding several closed-door meetings with officials from Mulago hospital, Administrator General, Attorney General’s Chambers. We have even decided as a family to forfeit 0.94 acres to Mulago hospital for free and we are just waiting for the Administrator General to sign the transfer forms to complete the process,” he added. The family explained how the matter went to Attorney General’s chambers and presented evidence of ownership of Block 29 Plot 846.

They have also challenged the authorities at Mulago National Referral Hospital and others in government to show proof of ownership of the disputed land.

In a draft report on the Mulago land saga (dated August 30), the outgoing deputy Attorney General Mwesigwa Rukutana explained that it was the Administrator General who referred the matter to him for resolution.
Mr Rukutana held several meetings with the Kiwanuka family, Mulago hospital boss and the Ministry of Lands officials.
During investigations, Mr Rukutana, however, asked parties in the dispute to present their claims and supporting evidence.

The Administrator General confirmed that he is the registered proprietor of the disputed Mulago land as the administrator of the state of the late Kiwanuka. They presented a certificate of title to support his argument.

Mulago responds
Dr Byarugaba Baterana, the Mulago hospital executive director, did not tender any evidence of ownership but promised to avail documents after consulting Uganda Land Commission and the Ministry of Lands.
In the meeting, Dr Baterana submitted that Mulago has occupied the land in question since 1959 and that there are some structures that were constructed on the land.

He also said for all this period, the hospital has enjoyed “quiet possession.” But in one of the meetings with Mr Rukutana, a source told Daily Monitor that Dr Baterana allegedly “conceded” that they don’t have the documents in their record to prove ownership of the disputed land, and insisted that they have been occupying the land “unchallenged”.

Dr Baterana yesterday declined to explain the land dispute, saying he was not prepared and instead invited Daily Monitor to his office to get “the facts” about the dispute.

When contacted to explain the dispute, Mr Rukutana, who has since been transferred to Gender Ministry as State Minister for Labour, reacted with fury and called the Daily Monitor story on Mulago land saga “stupid”.

Yesterday, Daily Monitor reported how a closed-door Cabinet meeting of December 9 began without any hitches and later degenerated into a shouting match, with Mr Rukutana exchanging personal attacks with Investment minister Evelyn Anite.

Trouble started after outgoing Lands minister Betty Amongi reported a plot to claim part of Mulago National Referral Hospital land in a disputed land saga involving officials in the Attorney General’s office, Administrator General, Mulago boss, and the grandchildren of the late Sefasi Kiwanuka.

Mr Charles Kasibayo, the Administrator General, told this newspaper last evening that the Kiwanuka family came with a title deed issued by the Lands ministry, claiming a piece of land at Mulago hospital.

“I wrote to Justice Minister, Attorney General, deputy Attorney General, Ministry of Lands and a joint committee was formed to resolve the matter. I won’t take any action as the Administrator General until the report is released which is being compiled by the committee [chaired by Rukutana],” Mr Kasibayo said.

However, Daily Monitor understands that the committee report on the dispute was finalised in August, but remains “unsigned” for reasons sources refused to disclose, saying “the matter is sensitive.”

This newspaper understands that the out-going Justice Minister, Gen Kahinda Otafiire, has since offered to intervene in the dispute as “a parent” in order to help the Kiwanuka family get speedy justice.

Gen Otafiire wrote to the Administrator General this week, wondering why he has not taken steps to subdivide the land and transfer the titles to the two parties.

The minister complained that the family has been denied justice by the prolonged administration of the late Kiwanuka even after they offered part of the land to government.

Gen Otafiire has since directed AG to expedite the process without any delays even after ministers rejected the deal during a Cabinet meeting chaired by the Prime Minister, Dr Ruhakana Rugunda.

Asked when the committee report is likely to be released and have the matter resolved, Mr Kasibayo told Daily Monitor that: “It’s a matter of following the due process. We shall inform the government and the aggrieved parties.”

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