Family of 30 cries foul over eviction on Kayihura’s order

Kiruhura.

Two weeks ago, the Inspector General of Police, Gen Kale Kayihura, ordered eviction of a family of 30 people from land which they are wrangling over with another claimant in Nyabushozi County, Kiruhura District.

The evicted family members say the land in Kinono village, Kayonza parish in Kikatsi Sub-county belongs to their late father Christopher Kajundiira.

On June 10, 2015 about 20 police officers armed with tear gas canisters and batons evicted the family from the land currently occupied by Mr Isaac Ndahiro, who is said to be a Rwandan national.

The family of the late Kajundira had resettled on the land June 8, 2015 upon returning from Rwamwanja Refugee Camp in Kamwenge District where they had fled 16 years after a violent clash with Ndahiro group left three of their members dead and others without limbs.

According to Mr Charles Mutungi, the eldest son of the late Kajundiira, they fled the land to Rwamwanja Refugee Camp in 1999 after Ndahiro’s group armed with guns attacked them. He said he was shot in the abdomen and right hand. He shows scars he said were inflicted by the bullets. Mr Mutungi said his wife Enid Ndegyeya, who was pregnant, his niece Winnie Akansasira and porter Joseph Rwakaharuza were shot dead. His son Charles Rwojo’s arm was cut off.

Mr Mutungi said in January 2000, Mr Ndahiro stormed their home with private security guards, destroyed their home and drove away their 150 head of cattle to Kikatsi Sub-county headquarters.

Mr Mutungi said after two weeks, he went to Kikatsi Sub-county chief Mr David Karabaho and reclaimed 90 head of cattle which had remained of the 150 that had been taken there.

Mr Mutungi said he later reported the matter to the then Mbarara District chairperson, Mr Fred Kamugira, and the then district secretary for security, Capt Nathan Rwakanuuma, who wrote to Mr Benon Ntambirwa, the then LC3 chairman for Kikatsi, informing him to allow the family settle temporarily on Ruhengyere government farm as they sought a viable solution.

However, shortly after Mr Ntambirwa settled them on the government farm, Local Defence Unit personnel came and chased them away. They fled to Rwamwanja refugee camp.

Mr Kajundira died in 2005. In 2009, the family met President Museveni at his Kisozi farm. Mr Mutungi said Mr Museveni handed them to Ms Joy Kabatsi, who was a senior aide in State House, to investigate the matter.

Ms Kabatsi visited the disputed land and held meetings with the residents to collect information about the conflict. The land had been under dispute between the families of Bishop Shalita Kosia, the former bishop of East Ankole, and Mr Christopher Kajundira.

Mr Mutungi said Ms Kabatsi made a report but they have never received the feedback about the findings.

Mr Keith Bananukye, 79, a former clerk of Kashongi Grade III Magistrate’s Court, which administered the three sub-counties of Kashongi, Keshunga and Nyakasharara in 1964, says in 1968, Mr Christopher Kajundira came with a letter signed by the late Edward Rutehenda, the then Ibanda County chief, the late Nathan Rwakanuuma, the then Kashari County chief and the late Alfred Mutashwera, a chief judge of Ankole Local Government. Mr Bananukye says the letter gave the Kyera land, currently under dispute, to Mr Kajundira.

“We; Edward Mutashwera, Nathan Rwakanuma, and Alfred Mutashwera, have given Christopher Kajundira our land of Kyera on which we have been grazing our bulls,” Mr Bananukye quotes the letter as saying.

He says in the same year, Bishop Sharita Kosia also came with a letter signed by the late Zekeria Mungonya, the then Lands minister, showing that Bishop Sharita had been given the land. Mr Bananukye added that in 1969 Mr Kajundira reported to Kashongi Sub-county a complaint that Bishop Shalita had crossed the boundary mark and encroached on his land. Mr Bananukye said he personally recorded the case as the court clerk.

“I cannot recall the date, but I came with the then Grade III Magistrate Abusolomu Bwetugye to the land and slopped to the lowland where there was a disagreement on the boundary. We separated the land by erecting a boundary line and boundary marks of sisal trees were put in place. However, the magistrate Bwetungye gave the two 30 days to appeal if any of them was not satisfied with the decision,” says Mr Bananukye.

Bishop Shalita appealed to Mbarara High Court, but died in 1992 before the appeal was disposed of. Mr Bananukye says after Shalita’s death, the bishop’s nephew Isaac Ndahiro, the son of Budara Kayoshe, followed up the matter.

Saturday Monitor has seen a report which the Office of Area Land Committee submitted to Kiruhura Resident District Commissioner regarding the dispute. The report is dated 3 March, 2010.

It states that given the accounts of the majority of at least 70 residents who attended the meeting with the committee, the disputed land belongs to the late Kajundira. The report was signed by Mr Edward Kiraka, Mr Silver Bagira, Mr Robinson Byabagambi, Mr Charles Kashaija and Mr Tumusime K, all members of the land committee of Kikatsi Sub-county, Nyabushozi.

However, it is not clear how the police came to evict the family from the said land on June 10. The regional police commander did not give background for the eviction but said he was acting on the orders of Gen Kayihura.

“Inspector General of Police has called me saying that people who were defeated in court 14 years ago and were evicted, led by Muhoozi, have returned on the land; go and evict them. IGP has told me Shalita but not Ndahiro you are talking of and according to Norman, the son of Shalita, Kajundira was defeated in court over the land, so I have been ordered to come and chase you away from someone’s land,” Rwizi regional police commander Hillary Kulayige told the Kajundira family on Tuesday, June 9.

The residents protested Ndahiro’s claim to the land, saying the dispute was between Bishop Shalita and Kajundira families. They said Mr Ndahiro is only a nephew of Bishop Shalita and the dispute was on the boundary line, not the entire land of Kajundira.

“This Ndahiro is becoming a problem in this area. We request President Museveni to help us. The family of late Kajundira should get justice,” said John Abaho, the LCII chairman for Kayonza parish.

“Now where should they go? We have even never seen Nadahiro, we only hear he is in courts and courts summoning residents,” Mr Abaho added.
The Kajundira family had been living in Rwamwanja refugee camp but the UNHCR officials chased them away on account that they are not refugees.

The family had brought bricks to the land to build houses but police foiled their move.
Two days after the eviction, the family of Kajundira, police, the resident district commissioner, local leaders and some residents and Ndahiro’s lawyer held a meeting in Mbarara RDC’s office.

The meeting was chaired by Kiruhura District NRM cairperson, Mr Amos Nzeire Kaguta. Mr Ndahiro did not attend, but the meeting allowed the Kajundira family to temporarily stay at Ruhengyere government farm as the matter was being handled.

“I no longer go to school because we are not settled after we were chased from Rwamwanja camp where I was studying at Bihanga Primary School in Kamwenge District,” said Mr Charles Rwojo, a grandson of Kajundira, whose arm was chopped off during the 1999 attack. He was two years old then.

Efforts to get Ndahiro’s comment were futile as neither his physical address nor his telephone contact could be established.

“IGP sent a team and we met. We are supposed to send him a report. From the documents we saw, they (Kajundira family) lost the case in court 14 years back. I don’t know how easy it is to appeal after those years but since many stakeholders have got involved, they shall see how they can resolve this,” said Rwizi region police commander Kulayige.

When contacted, Mr Norman Shalita, the son of Bishop Shalita, declined to comment on the matter.
“I have nothing to do with them,” said Mr Shalita.

Mr Godfrey Muhoozi, another son of late Kanjundira, denied that Mr Ndahiro won the land case in court.

“Ndahiro has never been in court with us and it’s not true that he won the case because he belonged nowhere in this case of the land where the only issue was the boundary dispute with Shalita,” Mr Muhoozi said.

On March 3, 2010, the then Kiruhura Resident District Commissioner, Ms Aline Mary Kemerwa, wrote to the President’s principal private secretary noting that the Kajundira family appears the rightful claimants.

“I am of the opinion that Shalita is in the wrong and the land belongs to Kajundira because of the following reasons: The chairman of the area land committee, Mr Keith Bananukye, is a man of outstanding integrity and he cannot be hoodwinked into making biased conclusions. Mr Bananukye as an elder has a strong observation and is highly trusted and all those people who attended (the meeting) never disputed (his evidence).

I am also made aware that Ndahiro, who lives in the Republic of Rwanda, comes once in a while to harass the community. Please warn him to stop such illegal activities,” reads the report, which Saturday Monitor has seen.
The report was copied to Head of Legal Affairs in President’s Office.

The numbers

4
Numbers of Christopher Kajundiira family members killed in 1999 in a land wrangle.

567
Hectares of land being wrangled over.