Court Blocks KCCA From Disbanding Land Board

2732 Views Kampala, Uganda

In short
Court has temporarily blocked Kampala Capital City Council (KCCA) from disbanding Kampala district land board until the main case is heard and disposed of.

Court has temporarily blocked Kampala Capital City Council (KCCA) from disbanding Kampala district land board until the main case is heard and disposed of.
 
The injunction was granted by Justice Steven Kavuma of the Court of Appeal on Friday.
 
The injunction follows a successful constitution application filed by two concerned citizens; Nasser Kiingi and Winnie Kalyesubula.The duo was challenging the constitutionality of KCCA’s actions of compelling Kampala district land board to suspend its acts as being inconsistent with and in contravention of Articles 237 (1), 239, 240 and 241 of the constitution.
 
Justice Kavuma’s ruling restrains KCCA, its agents, servants or employees from acting on the advice of the solicitor general, to disband the Kampala district land board, transferring its powers to Uganda Land Commission and creating a new land board.
 
The judge in his ruling also ordered the registrar of the court to take all the necessary steps to ensure that the main suit is heard as soon as possible and that if the hearing is not done within 90 days from the date of the interim order, his orders should be brought back to court for review.
 
In the last three months, there has been a dispute between Yusuf Nsibambi, the Kampala Land Board Chairman and the KCCA Executive Director Jennifer Musisi, on the management of city land.
 
Musisi, acting on the advice of the Solicitor General, was set to disband the land board.

This was after the Solicitor General had in his opinion argued that after the formation of the KCCA, Kampala is not a district under local government but a city authority under central government.
 
He said that it cannot have a District land board and all public land falling under the jurisdiction of KCCA should be managed by the Uganda Land Commission.
 
Nsibambi had opposed this arrangement saying that the land board can only be disbanded with amendments to the constitution or through a referendum but not by the solicitor general.
He claimed that rich businesspeople and powerful political circles are behind the forgery and abuse of office allegations against him.
 
At the height of this feud, the police moved in and sealed off the offices of the Kampala district land board at City Hall in Kampala with the aim of getting sensitive documents from the office for investigation.
 
However, not so long after, Kampala Lord Mayor Erias Lukwago offered space for them  at City Hall to continue carrying on their work and that is where they are todate.