UETCL Lugogo sub-station on Fourth Street, Industrial Area, Kampala. PHOTO / ISAAC KASAMANI
A section of landowners in Tororo have accused the Uganda Electricity Transmission Company Limited (UETCL) of giving them non-existent land and houses as compensation for land on which the firm is constructing electricity transmission lines to both eastern and northern Uganda.
The same group also accuses the firm of fraudulently acquiring and forcefully entering their land despite an order of the High Court restraining the firm from doing so.
However, Mr Muhammad Lubogo, the UETCL Public and Corporate Affairs manager, dismisses the accusations.
“The accusations of trespassing or land grabbing on the Tororo-Lira/Tororo-Lessos 132kV transmission line are unfounded and incorrect,” Mr Lubogo says.
Suit documents seen by this publication show that the interim order restraining UETCL from entering the land was issued by the High Court in Mbale on September 22,2016.
The order was issued pending the disposal of a main suit in which they sought, among others, a declaration that they were entitled to “prompt, fair and adequate compensation” before the firm could construct and establish transmission lines and other installations on their land, general damages and costs of the suit.
Despite the existence of the said injunction, work on the rehabilitation of the Tororo-Apuuyo-Lira 132kV line and construction of the Bujagali-Tororo-Lessos 220kV interconnection projects has been ongoing amid cries of foul from the landowners.
The Bujagali-Tororo-Lessos 220kV interconnection project was aimed at boosting transmission capacity by adding it to an older power line through which power is transmitted from the Owen Falls Dam to Kenya.
Visits to several villages in Tororo over the last week revealed that work has been ongoing
amid a heavy presence of a combined force of police officers and soldiers of the Uganda People’s Defence Forces (UPDF).
It was not until early last year that the firm started involving soldiers in its operations. But, even then, their involvement had been limited to helping it fight against the vandalism of power lines.
Dispute
Central to the contestation is the failure by UETCL to compensate them amid differences in valuations for the land and other properties affected by the rehabilitation of the Tororo-Apuuyo-Lira 132kV line and construction of the Bujagali-Tororo-Lessos 220kV interconnection projects.
The landowners, who now accuse UETCL of contravening African Development Bank (AfDB) policies and guidelines on compensation, have since run to court. We understand that the landowners are seeking an order that they are entitled to “prompt, fair and adequate compensation” before the firm enters their land.
Work on the 264km Tororo-Apuuyo-Lira power line, which involves the replacement of wooden poles with steel lattice towers, is being carried out with funding from the African Development Bank (AfDB).
Mr Lubogo, however, insists that the firm had made offers that the landowners rejected.
“During the project implementation, some Project-Affected Persons (PAPs) declined the compensation packages offered. Therefore, UETCL resolved to construct the power line using its existing corridors,”Mr Lubogo says.
Ghostland/houses
Now, whereas UETCL claims, according to the suit documents, to have paid for the land in the form of cash, land and resettlement houses, the PAPs suggest otherwise. None of them admits to receiving the houses.
This is despite having been made to either sign or make thumb marks on forms acknowledging receipt of the same expressing “satisfaction with the undertaking” and declaring the firm free of any other obligations.
More than 70 copies of the said “acknowledgement of receipt (Uganda Electricity Transmission Company Limited Resettlement House) satisfaction of undertaking” forms, which Monitor has seen, could not, for example, state in explicit terms where any of the said resettlement houses, each valued at Shs42m is located.
The forms do not indicate which district, country, sub-county, parish or village in which the land or houses are located.
Attached to the form, however, is a certificate of attesting witness signed by a representative of a Kampala law firm, and Mr Martin Erone of UETCL.
“The said (land owner) signed or made his/her thumb mark hereto in my presence and I certify that the above instruments were first read and explained to him/her in a language that he/she under-
stands until he/she appeared to fully understand the same,” read the certificate.
It is now emerging that no such document was read to a PAP. Their lawyer, Mr Brian Othieno, told
Monitor that the landowners were duped into appending thumb marks on documents even when they did not comprehend what they were doing.
“They signed documents in which they acknowledged receipt of houses and also freed the firm of any obligations, but they did not receive the said houses or resettlement land. Where did the money meant for their compensation or resettlement go? Someone must explain,” Mr Othieno alleges.
If proven true, it would mean an estimated Shs40 billion that had been budgeted for compensation and resettlement was embezzled. Mr Lubogo declined to comment on the ghost compensation claims.
“The project-affected persons filed a suit in the High Court of Uganda at Tororo. We wish to note that this matter is an ongoing case in the High Court of Uganda and the issue of the compensation of houses and land is one of the ingredients before the court. Therefore, it is sub-judice,”he said.
The suit
Mr Obwon Oketcho, the spokesperson of the PAPs, said before the commencement of work on the two transmission lines, the firm had already taken over chunks of land measuring about 30 kilometres. The land in question stretches from Akipenet on the boundary between the districts of Bugiri and Tororo to Abwanget on the common border between Uganda and Kenya.
“We were told that the road was being made for purposes of facilitating the work on the Bujagali-Tororo-Lessos 220kV interconnection, but none of the owners of the land in which it passed was ever compensated,”Mr Oketcho says.
Mr Oketcho alleges that residents were first informed about plans to renovate the Tororo-Apuuyo-Lira 132kV line in the middle of 2009.He further claims a promise was made not to take over any land, but compensate the residents of crops that would be affected during work. They were subsequently given “compensation assessment forms” that detailed the names of the property owners,a brief description of the property to be assessed for compensation and the size of the land or kibanja that was to be taken over.
Disclaimers, phantom accounts
The PAPs were, however, required to sign documents making disclaimers.
“I understand that this form is not the agreement to buy my land or place an encumbrance upon my land or to compensate me,” one disclaimer read.
“I understand that I must continue forming as usual until further notice,” stated another. The third read thus: “I have read the above information and agree that the information on this form is true, full and complete.”
The PAPs and area Local Council officials were then required to append their signatures or thumbprints to the said document.
The PAPs were, however, told that they could not be paid unless they opened bank accounts. Officials from one of the leading local banks were ferried to the villages where the landowners were made to sign account opening documents. They were subsequently issued with manila cards bearing their names and purported account numbers, but it has since emerged that the said accounts were never opened.
No valuations
In November 2009, another group of UETCL officials arrived in the project area to inform the landowners that the firm was set to commence work on the Tororo-Lira transmission line. A message contained in a November 18, 2009 letter signed by the Managing Director, Mr Eriasi Kiyemba, promised compensation.
“The compensation associated with the construction of this electricity supply line will be carried out under the surveys and valuation assessment to be carried out upon your land and property that is to be affected by the power line,” the letter reads in part.
The letter adds that developments or additions made to the land after the date of that notice would not be considered during the compensation.
“The surveys and valuations that we were promised never happened. Instead, between 2011 and 2012, UETCL staff arrived in the district saying the money was ready. How did they arrive at the figures? Only they can tell,” Mr Oketcho said.
A section of landowners in Tororo have accused the Uganda Electricity Transmission Company Limited (UETCL) of giving them non-existent land and houses as compensation for land on which the firm is constructing electricity transmission lines to both eastern and northern Uganda.
The same group also accuses the firm of fraudulently acquiring and forcefully entering their land despite an order of the High Court restraining the firm from doing so.
However, Mr Muhammad Lubogo, the UETCL Public and Corporate Affairs manager, dismisses the accusations.
“The accusations of trespassing or land grabbing on the Tororo-Lira/Tororo-Lessos 132kV transmission line are unfounded and incorrect,” Mr Lubogo says.
Suit documents seen by this publication show that the interim order restraining UETCL from entering the land was issued by the High Court in Mbale on September 22,2016.
The order was issued pending the disposal of a main suit in which they sought, among others, a declaration that they were entitled to “prompt, fair and adequate compensation” before the firm could construct and establish transmission lines and other installations on their land, general damages and costs of the suit.
Despite the existence of the said injunction, work on the rehabilitation of the Tororo-Apuuyo-Lira 132kV line and construction of the Bujagali-Tororo-Lessos 220kV interconnection projects has been ongoing amid cries of foul from the landowners.
The Bujagali-Tororo-Lessos 220kV interconnection project was aimed at boosting transmission capacity by adding it to an older power line through which power is transmitted from the Owen Falls Dam to Kenya.
Visits to several villages in Tororo over the last week revealed that work has been ongoing
amid a heavy presence of a combined force of police officers and soldiers of the Uganda People’s Defence Forces (UPDF).
It was not until early last year that the firm started involving soldiers in its operations. But, even then, their involvement had been limited to helping it fight against the vandalism of power lines.
Dispute
Central to the contestation is the failure by UETCL to compensate them amid differences in valuations for the land and other properties affected by the rehabilitation of the Tororo-Apuuyo-Lira 132kV line and construction of the Bujagali-Tororo-Lessos 220kV interconnection projects.
The landowners, who now accuse UETCL of contravening African Development Bank (AfDB) policies and guidelines on compensation, have since run to court. We understand that the landowners are seeking an order that they are entitled to “prompt, fair and adequate compensation” before the firm enters their land.
Work on the 264km Tororo-Apuuyo-Lira power line, which involves the replacement of wooden poles with steel lattice towers, is being carried out with funding from the African Development Bank (AfDB).
Mr Lubogo, however, insists that the firm had made offers that the landowners rejected.
“During the project implementation, some Project-Affected Persons (PAPs) declined the compensation packages offered. Therefore, UETCL resolved to construct the power line using its existing corridors,”Mr Lubogo says.
Ghostland/houses
Now, whereas UETCL claims, according to the suit documents, to have paid for the land in the form of cash, land and resettlement houses, the PAPs suggest otherwise. None of them admits to receiving the houses.
This is despite having been made to either sign or make thumb marks on forms acknowledging receipt of the same expressing “satisfaction with the undertaking” and declaring the firm free of any other obligations.
More than 70 copies of the said “acknowledgement of receipt (Uganda Electricity Transmission Company Limited Resettlement House) satisfaction of undertaking” forms, which Monitor has seen, could not, for example, state in explicit terms where any of the said resettlement houses, each valued at Shs42m is located.
The forms do not indicate which district, country, sub-county, parish or village in which the land or houses are located.
Attached to the form, however, is a certificate of attesting witness signed by a representative of a Kampala law firm, and Mr Martin Erone of UETCL.
“The said (land owner) signed or made his/her thumb mark hereto in my presence and I certify that the above instruments were first read and explained to him/her in a language that he/she under-
stands until he/she appeared to fully understand the same,” read the certificate.
It is now emerging that no such document was read to a PAP. Their lawyer, Mr Brian Othieno, told
Monitor that the landowners were duped into appending thumb marks on documents even when they did not comprehend what they were doing.
“They signed documents in which they acknowledged receipt of houses and also freed the firm of any obligations, but they did not receive the said houses or resettlement land. Where did the money meant for their compensation or resettlement go? Someone must explain,” Mr Othieno alleges.
If proven true, it would mean an estimated Shs40 billion that had been budgeted for compensation and resettlement was embezzled. Mr Lubogo declined to comment on the ghost compensation claims.
“The project-affected persons filed a suit in the High Court of Uganda at Tororo. We wish to note that this matter is an ongoing case in the High Court of Uganda and the issue of the compensation of houses and land is one of the ingredients before the court. Therefore, it is sub-judice,”he said.
The suit
Mr Obwon Oketcho, the spokesperson of the PAPs, said before the commencement of work on the two transmission lines, the firm had already taken over chunks of land measuring about 30 kilometres. The land in question stretches from Akipenet on the boundary between the districts of Bugiri and Tororo to Abwanget on the common border between Uganda and Kenya.
“We were told that the road was being made for purposes of facilitating the work on the Bujagali-Tororo-Lessos 220kV interconnection, but none of the owners of the land in which it passed was ever compensated,”Mr Oketcho says.
Mr Oketcho alleges that residents were first informed about plans to renovate the Tororo-Apuuyo-Lira 132kV line in the middle of 2009.He further claims a promise was made not to take over any land, but compensate the residents of crops that would be affected during work. They were subsequently given “compensation assessment forms” that detailed the names of the property owners,a brief description of the property to be assessed for compensation and the size of the land or kibanja that was to be taken over.
Disclaimers, phantom accounts
The PAPs were, however, required to sign documents making disclaimers.
“I understand that this form is not the agreement to buy my land or place an encumbrance upon my land or to compensate me,” one disclaimer read.
“I understand that I must continue forming as usual until further notice,” stated another. The third read thus: “I have read the above information and agree that the information on this form is true, full and complete.”
The PAPs and area Local Council officials were then required to append their signatures or thumbprints to the said document.
The PAPs were, however, told that they could not be paid unless they opened bank accounts. Officials from one of the leading local banks were ferried to the villages where the landowners were made to sign account opening documents. They were subsequently issued with manila cards bearing their names and purported account numbers, but it has since emerged that the said accounts were never opened.
No valuations
In November 2009, another group of UETCL officials arrived in the project area to inform the landowners that the firm was set to commence work on the Tororo-Lira transmission line. A message contained in a November 18, 2009 letter signed by the Managing Director, Mr Eriasi Kiyemba, promised compensation.
“The compensation associated with the construction of this electricity supply line will be carried out under the surveys and valuation assessment to be carried out upon your land and property that is to be affected by the power line,” the letter reads in part.
The letter adds that developments or additions made to the land after the date of that notice would not be considered during the compensation.
“The surveys and valuations that we were promised never happened. Instead, between 2011 and 2012, UETCL staff arrived in the district saying the money was ready. How did they arrive at the figures? Only they can tell,” Mr Oketcho said.
