Uganda: Judge orders former RDC to pay victim of land grab

By Charles Mwanguhya Mpagi.

In a ruling that could prove a test case for excesses of Resident District Commissioners (RDCs), a judge in Fort Portal has order former Kabarole RDC, Kambarage Kakonge to take personal culpability and compensate a victim of a land grab.

Justice Owiny Dollo also ordered government through the Attorney General, the principal party in the suit, to pay Mr Alisen Kiiza Shs10m as compensation for wrongful evictions and other inconveniences he suffered.

Mr Alisen Kiiza, a local businessman filed the lawsuit after he was forcibly evicted from land on Plot 10-12, Mpanga Road in Fort Portal Municipality.

While the piece of land had been under dispute since 1978, court found the actions of the RDC in conflict with the law after evidence was adduced that in his biased attempt to be arbiter in the dispute between Siffa Katuramu and Mr Kiiza, he had ignored two court rulings.

He accused RDC Kambarage, who has since been promoted to the position of Commissioner for Patriotism in the Office of the Prime Minister in Kampala, of conducting “public courts” to reach a decision to have Mr Kiiza evicted.

The case

Mr Kiiza complained that Mr Kambarage, while RDC in Kabarole in 2008 with “full force of armed military police officers” evicted him and his workers and manhandled them at gunpoint. He also reportedly used his personal guards and a claimant to evict him from the plot of land.

Justice Owinyi Dollo scoffed at Mr Kambarage’s attempt to cloth his action as “being within the powers of the executive arm of government for security reasons among others”. 

Justice Owinyi-Dollo said Kakonge’s actions were “a blatant disregard of the rule of law, and a dangerous streak of utter impunity”.

He added: “I am compelled to condemn him to personally pay punitive damages to the applicant in the sum of Shs3, 000, 000."

Mr Johnson Musana, Kiiza’s lawyers said they plan to attach Mr Kambarage’s salary or property.

A State Attorney represented both government and Mr Kambarage but efforts to get a comment from him were futile.

Source: http://www.monitor.co.ug/News/National/Judge-orders-former-RDC-to-pay-victim-of-land-grab/-/688334/1855624/-/j6vn0p/-/index.html