Businessman charged as Nakalema defies court orders on Katanga Land

Land City businessman Darius Muteesa also known as Muzungu has been charged with offences related to trespass on the controversial Katanga land in Wandegeya Kampala.

Muteesa was arrested by State House Anti-Corruption Unity led by Col Edith Nakalema on allegations of trespassing on Katanga land with the intention of annoying and insulting Makerere University management which is embroiled in the legal battle with over 50,000 residents and bibanja holders.

He was arraigned before the Magistrates Court at City Hall, a week after he was detained in unknown detention centers and after the High Court issued orders stopping any investigations and or actions against bibanja holders on Katanga land.

The Court stopped government agencies and officials, among them the head of State House Anti-Corruption Unit, Col Nakalema from arresting city pastor, Daniel Walugembe in regard to disputes over Katanga land near Wandegeya.

High Court Registrar Elias Kakooza of the Land Division issued the interim order against Col Nakalema jointly with the Attorney General, Police CID director Grace Akullo, Charles Muntungi (commandant Police Land protection unit), George Nkurunziza (Deputy OC CID at Wandegeya) and the in charge of land desk at Wandegeya Police Richard Lubowa.

Pr. Walugembe sued the group jointly accused with Makerere University, Vice Chancellor Prof Barnabas Nawangwe and Yusuf Kiranda the university Acting Secretary.

"An interim order doth issue restraining the respondents, their employee, subordinates, successors in office or any other persons acting in their stead from arresting the applicant (Pr Walugembe) in respect of the Kibanja on freehold register situate at Katanga valley, Kampala District,” reads the order issued by Kakooza

However, in the Magistrates Court, prosecution alleges that on September 28 2021, Muteesa jointly with others still at large trespassed on land comprised on freehold register on plot 47 North Kitante Road, and that he was found supervising illegal construction on the said land.

Presiding Magistrate Vallelian Tumuhimbise ordered for the release of Muteesa upon executing a cash bail of Shs500,000 and his sureties; Thomas Magonza the chairperson of Katanga and Twaha Jjengo were directed to pay a noncash of Shs5m each.

The magistrate Tumuhimbise also dismissed the state's objections to Muteesa’s bail application claiming that the securities presented are those still at large.

The court dismissal of the state’s objections was based on the submissions of Muteesa’s lawyers led by Patrick Furah who said that the arrest of their client by Col Nakalema's Unit was illegal.

Furah told court that the action of Col Nakalema violated a High Court order stopping her and police from intervening with Katanga land issues.

Earlier on Internal Affairs Minister Maj Gen Kahinda Otafiire ordered the Police force to desist from disobeying court orders.

He said it not only damages the image of the force but also increases liability of the government when victims seek compensation from courts of law.

Otafiire in a September 15 letter to the Inspector of General of Police (IGP) described defiance of court orders as unbecoming conduct, ordered that the Police should respect and adhere to court orders and that if required they should instead enforce the court orders.

“It should never be the Police force to defy or be contemptuous of any court order. Where a party is aggrieved, he or she should not use the police force and police force should not allow to be used to defy a court order.”

According to the minister, the only course of action such a party should take is to move court to set aside the judgement or order he or she is aggrieved with.