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President Yoweri Kaguta Museveni has ordered the arrest of businessman Patrick Ainebyona over his involvement in the eviction of a land occupant in Kiboga District.
The contested land, situated in Lwankonge village, Kiboga East, is at the heart of a dispute between a group of departed Asians and local businessman, Mr. Badiru Mwanje. Museveni’s intervention comes after the controversial eviction, which was deemed unlawful by the President following a detailed review of the situation.
According to the Presidential Advisor on Police Affairs, Ms. Susan Kasingye, the dispute involves double titling, premature eviction, and uncoordinated enforcement.
Ainebyona, acting on behalf of the departed Asians, had sought to evict Mr. Mwanje, who has occupied the land for decades under a mailo title.
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Despite the lack of a court order and the absence of an official boundary opening exercise, Ainebyona and his group carried out the eviction.
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This act prompted President Museveni to issue a stern rebuke, questioning the legitimacy of Ainebyona’s actions.
“You had no right to evict. Even if I had not given a directive on land evictions in 2022, when there’s a dispute, the rightful owner of the land should be decided by the court,” Museveni asserted.
Legal and Illegal Actions in the Dispute
The land in question has a complex history. It was initially registered in 1932 under Chikamchadi Shaar Limited, a freehold title, and later repossessed by the original owners in 1992.
The title held by Mr. Mwanje, dating back to 1999, is, however, currently in dispute. According to Minister of Lands, Hon. Judith Nabakooba, there are discrepancies in the official records, with Mwanje’s title “hanging” in the system, preventing its full legal recognition. However, despite the unclear status of the titles, Mwanje has remained in possession of the land.
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The President emphasised that the process of eviction should always follow legal channels, with disputes resolved in court or through the Ministry of Lands.
He reiterated, “Police have no powers to cancel a title or order an eviction. They just put into action what the court or Ministry of Lands decides.”
Museveni also ordered that Mr. Mwanje be reinstated on the land while the legal process unfolds, adding that Brigadier Henry Isoke, head of the Anti-Corruption Unit, would handle the investigation and collect statements from all parties involved.
Criminal Charges and Future Legal Actions
The actions of Ainebyona and his group have sparked outrage, with accusations of criminal trespass, malicious damage, and assault.
Kiboga East MP, Hon. Keefa Kiwanuka, revealed that he had been physically assaulted by Ainebyona’s group during the eviction.
"They beat me up and even tried to undress me, not realising I was the area legislator," Kiwanuka told the President. The LC1 Chairperson of Lwankonge, Ham Kizza, also thanked the President for his timely intervention, noting that local efforts to resolve the dispute had been unsuccessful.
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Brigadier Isoke confirmed that Ainebyona is likely to face charges related to forcible entry and assault, following evidence uncovered by local residents.
The Director of Public Prosecutions, Ms. Jane Frances Abodo, has called for a detailed survey report from the Ministry of Lands to determine the exact boundaries and plots involved.