Standoff at ULC paralyses work

A fallout between the Uganda Land Commission (ULC) chairperson, Ms Beatrice Byenkya Nyakaisiki, and other commissioners has paralysed work at the government agency, this publication has established.

Trouble started after commissioners during their 3rd extraordinary meeting held between October 6-7 last year passed a vote of no confidence in their chairperson and resolved  to petition the Inspectorate of Government to investigate her conduct.

The petition contains a plethora of allegations and accusations against Ms Byenkya, including abuse of office, deactivation of National Land Information System at ULC, and authorising transactions contrary to laid out procedures, among others. 

Ms Byenkya has denied the accusations and talked of syndicate that wants her out of the commission.   
On November 18 last year, IGG Beti Kamya wrote to Lands minister Judith Nabakooba and ordered the interdiction of Ms Byenka to pave way for investigations into the accusations against her. 

The IGG said public interest demands that a public officer under investigation for abuse  of office be interdicted from exercising powers and functions of her/his office for fear that she might interfere with investigations.

Runs to court
Ms Byenkya petitioned court, challenging her interdiction. On December 31, 2021, court issued an injunction stopping her interdiction. 

This angered some commissioners who have vowed never to work with Ms Byenkya or step in any meetings she will chair. This has created a stalemate at ULC since binding resolutions require quorum.  

Addressing journalists at ULC offices in Kampala yesterday, Ms Byenkya said she had secured a temporary injunction to remain in office as the main suit is disposed of.

She also denied allegations of abuse of office, corruption and fraud, saying  she was being accused falsely because of her tough stance on people who have been colluding with ULC officials to grab government land.

“The President saw my competence and appointed me based on that. There are people who have political godfathers and have been manipulating things to take away government land. When I blocked this, they started fighting me.That is why you are seeing what is happening today,” she said.

Ms Byenkya added that while government owns about 23 percent of the land in the country, 18 percent has been encroached upon by both powerful individuals with political and security connections and the ordinary people.

“Government land is under threat from these people who connive with the commission officials. As I speak, 23 percent of Ugandan land belongs to government, but about 18 percent has been grabbed, leaving only about six percent. When you see them attacking me, you know that there has been collusion, and because we are blocking that collusion, they think I am a bad person,” she said. The latest court injunction comes after the commissioners in December last year forced Ms Byenkya out of office and replaced her with Prof Nyeko Pen-Mogi. 

They also appointed Mr Andrew Nyumba as the new secretary to the commission.

The commissioners had accused Ms Byenkya of corruption, abuse of office and fraud in ULC and petitioned both the IGG and the Lands minister.

Ms Kamya then wrote to Ms Nabakooba, directing her to interdict the ULC boss, who yesterday denied ever receiving such a letter.

Ms Byenkya said the IGG instead asked the commissioners to elect a chairperson from among themselves to replace her.

“This too had no legal basis,” she said.
 A January 3 notice by the commission indicates that both Ms Byenkya and Mr Nyumba were removed from office in December last year after launching investigations.

“Uganda Land Commission wishes to inform all our esteemed customers, suppliers, partners and the general public that following investigations that are going on at the commission, there has been a temporary change in its top leadership as follows; Hon Byenkya Beatrice Nyakaisiki- chairperson has been replaced by Prof Nyeko Pen Mogi as acting chairperson. Barbarah Imaryo secretary has been replaced by Mr Andrew Nyumba as acting secretary,”  the notice reads in part. 

“The changes took effect in December 2021 and therefore all enquiries, consultations and transactions on matters of Uganda land commission should be done with the newly appointed team,” it adds.
But Ms Byenkya insisted that she was duly in office.

“I am still in office and working. These people made allegations against me and do not want to hear my side of the story, so the only option was to run to court so that I can be heard,” she said.
It is not clear how her continued stay in office and investigations by the IGG will proceed.

Ms Kamya did not respond to our repeated calls. Ms Ali Munira, the IGG spokesperson, told this publication that she was in a meeting and would call back later. However, by press time, she had not returned the call.

Ms Nabakooba did not respond to our repeated calls to explain how her ministry that supervises the commission will handle the issue.
Ms Byenkya had earlier said the fight to secure government land is far from over and that with its offices only limited in Kampala, it is difficult to enforce compliance.

She also accused the district land boards of deliberately selling government land to generate money.

Accusations against ULC chairperson 

An October 15, 2021 report by the commission members to Lands minister Judith Nabakooba raised a string of allegations against the ULC chairperson.

The accusations include, among others, deactivation of the national land information system at ULC, dubious land dealings and allocations, cancellation Nabisunsa Girls’ school land title, giving instructions for subdivision of national forest authority (NFA) land comprised in Plot 24a-40a Spring Road, Nakawa Division Kampala, land comprised in LRV Folio 25 Plot 37 Singo Block 96, Land at Nsangabwami, Namigavu Village, Kikandwa Sub-county Mityana District and abuse of office contrary to S.2 of the Anti-Corruption Act 2009. 

Others include illegal recruitment of staff, give away of land comprised in volume 53 Folio 9 at Muvo, Katosi Mukono District and other parcels of land illegally allocated, and land comprised in Block 537 and 267 at Katale, Kajjansi Forest Reserve.