Jim Muwanga
For some very unknown reason UPC has become a Cow that walks through a market
farting, they are never responsible for anything as they are never responsible
for what they did let alone do. They are never in mistake and they remain a
party that throws the most threats to any one that dare try to open his/her
mouth. In UAH they survive by the people that grew up feeding on scholarships
thus feeding on our and our parents sweat. Don’t count on them being held
responsible.
Thank God UPC has become a dead party, results of coming election will back up
that statement.
EM
On the 49th Parallel
Thé Mulindwas Communication Group
"With Yoweri Museveni, Ssabassajja and Dr. Kiiza Besigye, Uganda is in anarchy"
Kuungana Mulindwa Mawasiliano Kikundi
"Pamoja na Yoweri Museveni, Ssabassajja na Dk. Kiiza Besigye, Uganda ni katika
machafuko"
From: ugandans-at-he...@googlegroups.com
[mailto:ugandans-at-he...@googlegroups.com] On Behalf Of jim muwanga
Sent: Friday, March 27, 2015 6:17 AM
To: ugandans-at-heart
Subject: Re: {UAH} Nabagereka School: ATTENTION WBK AND DR KAYONDO
This story is very crapy and raises more questions.
Mbu the school admin did not have lease documents when it moved to kisenyi.
Obote Estate and UPC must pay for all inconveniences to the school since 1966
when the school was moved from Lubiri.
UPC house NOW BELONGS TO BUGANDA KINGDOM we are going to get a court order to
attach it.
Me thinks.
On Thu, Mar 26, 2015 at 10:19 PM, john kwitonda <kwiton...@gmail.com
<mailto:kwiton...@gmail.com> > wrote:
exactly, when did it recieve back the tittles of the said land and im sure the
transaction were already done. i remeber they just extended the eviction to
december last year to allow pupils finish the year otherwise, the eveiction was
supposed to be in early 2014.mengo had not recieved or had just recieved those
tittles. i dont think they could stop the trnasaction of the lease owner and
bosco ,the new owner.the government had all the powers to do that as first
sitting tenenats ,secondly as policy makers, they never did that.
On Thu, Mar 26, 2015 at 11:13 PM, George Okello <opal...@gmail.com
<mailto:opal...@gmail.com> > wrote:
John Kwitoda,
Mengo should have set up a Legal Committeee to examine all of the
leases on the land that was returned by GoU to Mengo. This commitee
should go through all the leases granted by the Uganda Land
Commission. A few weeks ago, you also mentioned that there are many
unscrupulous land grabbers who fish for leases about to expire and
then make applications for them. The current lease holders are often
unaware that their leases are about to expire. Some times there is a
chain of lessee, sub-lessee and even sub-sub-lessee, ie, land is
sublet down two or three times. The other matter Mengo should look at
is the superior right of sitting tenants in leases about to expire. It
must balance the interests of those who want to invest, the need to
keep rents for leases reasonable, and the necessity to keep poor
leaseholders on the land that they currently ocupy.
George Okello
On Thu, Mar 26, 2015 at 7:56 PM, George Okello <opal...@gmail.com
<mailto:opal...@gmail.com> > wrote:
> John Kwitonda/ Sekajja,
>
> The case of this school I am sure is just the tip of the iceberg. My
> blood still boils, when you read the story as narrated by the
> Investigator. I do not belive that mistakes were made. I believe that
> the land on which the school stood was illegally grabbed and this must
> have been with the collusion of Mengo. At least my strong suspicion is
> that Mengo preferred Boost Investments to the school as leasehold
> tenants.
>
> This is my narrative:
> 1. The school has been sitting on this land from at least 1973 when
> the Ministry of Education acquired it, but siad Ministry did not apply
> for a lease for it since it was not necessary at the time of the
> dictatorship.
> 2. The GoU has always considered this school as its own, even without
> a formal lease. It made investments in it up until 2013. But the GoU,
> through its Ministry of Education, seemed not to be aware that the
> lease on it was running out, or if it knew, did nothing to protect or
> defend the interests of the school from predatory land-grabbers who
> fish around such lands where leases are about to expire without the
> sitting leaseholders being made aware of the fact. Had the school been
> properly advised, it could have opposed the application by all new
> potential leaseholders, and being sitting tenants, would have been
> entitled to a notice as well as a right to apply for a renewal of the
> lease. Under the current law, a freeholder can not unreasonably refuse
> to renew a lease, is bound by law to give impartial consideration in
> assssing all applicatios it recieves, and must not be unduely
> influenced by a party to the application.
>
> 3. Mayanja Nkangi acted illegally in granting a lease of the property
> in 2006. He did not serve any notice on the school about the impending
> expiry of the lease, nor did he formally inform the school that an
> application for a new lease had been made. This made the purported
> lease null and void and of no legal effect whatsoever.
> 4. From the exchanges I have read, it seems the School became aware of
> what was going on fro 2006 when Mayanja Nkangi granted the illegal
> lease to Mr Kaylwa. It took steps to stop him from illegally evicting
> them. But it could not stop him from selling on the lease to Boost
> Investment. Again this sale, following on from an ealier illegal sale,
> is also null and void because Mr Kalwa had no legal interest to pass
> on to Boost Investment.
> 5. In the meantime, the Ministry of Education just sat on its hands
> between 2006 and 2013 when the land was sold to Boost Investment. This
> despite the fact that it investment huge sums in the school to build
> homes for teachers, and in fact the Solicitor General himself wrote
> an opinion (presumably to Court) questioning the legality of the lease
> and this seems to have deterred Boost Investments from evicting the
> school. The question that one asks is why the Solicitor General did
> not apply to the Land Commission to have Boost's lease annulled on
> grounds of illegality is not made clear in the exchanges. Was he
> merely negligent of the law as A Legal Opinion by a Solicitor General
> is just guidance and not the law itself.
> 6. Shortly before Boost Investment destroyed the school, there was
> ensuing conflict between the school and Boost Investment. The Freehold
> of the property was in the meantime returned to Mengo in an agreement
> between Mengo and GoU and so effective from that date of return, Mengo
> became the new landlord of the property.
>
> 7. The problem here, and which still needs to be clarified, is at what
> point did Boost Investment acquire the lease, was it after Mengo had
> become landlord after the properties were returned by GoU? This is
> the question I want the Kabaka's subjects to investigate and to put
> the Kabaka under scrutiny. It well be that Mr Kyalwa sold the land to
> Boost Investment beofre the freehold was returned to Mengo, in which
> case Mengo would have simply inherited a staus quo of Boost Investment
> as a leaseholder. But if Mengo was the landlord (free holder) who
> granted the lease to Boost is indeed the case as many people allege,
> then the questions about Mengo's loyalties arise, and therefore the
> relevance of my earlier worry questining the Kabaka's claim to be the
> custodiaan of land rights of all Baganda or all his subjects. Hence
> this important question:
>
> " Who encouraged BOOST INVESTMENTS
> to evict the school?".
>
> My arguement is that it would have been morally and certainly
> politically and legally wrong for Mengo to grant a lease to Boost for
> the same reasons as I have outlined above. Mengo can not claim that it
> did not know hat Kyalwa had already granted a lease to Boost because
> the dispute betwee the school, the GoU (throughh the Solicitor General
> and Boost was already in the public domain, indicated that Kyalwa's
> lease was being contested. Therefore the Mengo Land Board had a duty
> to investigate this disput, and also to go through the pre-lease
> process of giving notice to a sitting tenant and giving them an
> opportunity to renew or to object. Mengo does not seem to have done
> any of these and this is the unfairness that I have always been
> talking about. ost observers see to think it is Mengo and not the
> Land Commission that granted a lease to Boost Investment, and it
> should not not have done this. To make it even worse, the school is
> named after the Kabaka's mother so Mengo can not really claim it did
> not know there was a dispute going on between this old distnguished
> school and a land grabber. If Mengo was unaware, then how can it be
> aware of other threatened and less powerful subjectts like the rural
> poor and the mailo land squatters?
>
> George Okello
>
> On Thu, Mar 26, 2015 at 6:56 PM, 'Ssekajja' via Ugandans at Heart
> (UAH) Community <ugandans-at-he...@googlegroups.com
> <mailto:ugandans-at-he...@googlegroups.com> > wrote:
>> John, George has a point, but seems to be over grinding it for not so good
>> reasons!!! If we are to condemn the decision makers in Mengo, the Kabaka is
>> certainly not one of them.
>>
>> Sent from my iPad
>>
>> On 26 Mar 2015, at 18:42, john kwitonda <kwiton...@gmail.com
>> <mailto:kwiton...@gmail.com> > wrote:
>>
>> george okello,
>>
>>
>> are u misfiring or what? who was given the lease in this case by mayanja
>> nkagi? i think he was the owner of the land.is <http://land.is> he the one
>> complaining or is
>> the one who sold to muwonge.whatt does laws about land leases say? who had
>> the authority to stop the lease.was the lease still running? if yes, what
>> did you want mengo to do? who issued the lease , it must have been central
>> government by then? so, i dont get your point here
>>
>> On Thu, Mar 26, 2015 at 9:19 PM, George Okello <opal...@gmail.com
>> <mailto:opal...@gmail.com> > wrote:
>>>
>>> WBK and Dr Kayondo,
>>>
>>> Remember we had a heated debate about this school and then it all
>>> went so quiet when it appeared that Mengo and perhaps Kabaka Mutebi
>>> may be involved in the grand larceny. Well here is an article that
>>> throws some light into how a school was thrown to the wolves, with
>>> nobody prepared to protect it: the Land Commission which should never
>>> have granted a lease knowing there were sitting tenants on it; the
>>> Ministry of Education who had invested in the school and failed to
>>> defend it nor make a retrospective application for a lease; the Mengo
>>> establishment who granted a lease to a land grabber without checking
>>> his bona fides and the claims of the sitting tenants.
>>>
>>> All round, this school was betrayed because so many people had their
>>> fingers in the pie. The school was particularly vulnerable, being
>>> located in one of the poorest areas of Kampala, and serving children
>>> from very poor backgrounds.
>>>
>>> For those of you who are subjects of the Kabaka, I think you have got
>>> to begin putting his actions under intense scrutiny. I have always
>>> argued that if push came to shove, the Kabaka will always side with
>>> the rich and powerful in society. It is a mistake for the Bataka and
>>> the rural and urban landless to think that the Kabaka is a custodian
>>> of their land rights. The Kabaka will always side with landlords and
>>> vested interests; he will never commit class suicide.
>>>
>>> If I was in Uganda, this would be one of the first pro bono cases I
>>> would have taken. The injustice of it all just shoots a powerful
>>> electric current through my heart. Now the whole matter is left with
>>> Kadaga and her toothless parliamentary committees.
>>>
>>> George Okello
>>>
>>>
>>>
>>>
>>> Nabagereka Primary School Demolition Must not Pass without Someone
>>> being reprimanded in Court Featured
>>> 26 Mar 2015 Amb Kintu Nyago
>>> local NEW
>>>
>>> local NEW
>>>
>>> 187 times
>>> Nabagereka Primary School before and after demolition (inset) The
>>> Investigator
>>>
>>> I would begin by thanking The Investigator for your steadfast support
>>> for social justice. It is a commendable effort, more so when it
>>> concerns the promotion of the rights of the most vulnerable, in
>>> society. Thank you so much.
>>>
>>> The Speaker of Parliament, Honourable Rebecca Kadaga’s constituting of
>>> a Parliamentary probe committee into the demolition of the historic 85
>>> year old Nabagereka UPE School, is the step in the right direction… at
>>> least in the struggle against impunity.
>>>
>>> Having been established in 1930, by Nabagereka Drusilla Namaganda, it
>>> was one of the oldest schools in East Africa, and indeed most
>>> prestigious before the 1966 Crisis. Then, it was based in the Lubiri.
>>> When it was demolished, by Boost Investments, earlier this year, it
>>> had a pupil enrolment of 1,500.
>>>
>>> To starters, Nabagereka Primary School is (please note my deliberate
>>> use of present tense), one of the oldest schools in East Africa having
>>> been established in 1930, by then Nabagereka Drusilla Namaganda,
>>> church wife to Sir Daudi Chwa, Kabaka of Buganda. She was also the
>>> mother of Sir Edward Muteesa II, who is the father of Kabaka Mutebi.
>>> This was set up in the Lubiri.
>>>
>>> It was established around the time Kabaka Chwa erected Chwa Memorial
>>> School in Namungoona. By 1966, Nabagereka School was one of the most
>>> prestigious educational institutions in Uganda, and one with a handful
>>> of Junior One (J I) and (J II.) After the 1966 Crisis it was removed
>>> from Lubiri, which was turned into a military facility.
>>>
>>> In 1973 the Amin Government, led by its Minister of Education, Mr. Abu
>>> Mayanja, relocated it in Mengo Kisenyi. Government secured about seven
>>> acres from the Uganda Land Commission for this purpose.
>>>
>>> Crucial to note is that the school administration, did not process a
>>> lease for this school, a situation that was not uncommon, given that
>>> no one ever thought that it was ever to be demolished. Government used
>>> borrowed money from the IDA III project to construct this school.
>>>
>>> In 2006, the disgraced Grade One Magistrate, Gaster Mugoya Kyawa, who
>>> was interdicted for corruption, but had served at the Mwanga II Court,
>>> applied for two leases from the Uganda Land Commission.
>>>
>>> The first lease application was for his employer court of Mwanga II,
>>> whose lease had expired, and the other was of the neighbouring
>>> property which is Nabagereka Primary School which also had no lease!
>>> And the Uganda Land Commission, chaired by Mr. Joash Mayanja Nkangi,
>>> former Katikiro of Buganda and eminent lawyer, granted both leases.
>>>
>>> In 2008, Mwanga II Court was demolished, amidst confusion. But they
>>> failed to evict the school. In the process, its lease was sold to
>>> BOOST INVESTMENT, owned by a one Bosco Muwonge, who also failed to
>>> evict this school. It’s at about this time that Government returned
>>> the Official Mailo estates to Mengo. Who encouraged BOOST INVESTMENTS
>>> to evict the school?
>>>
>>> In 2013 the GOU invested UGX half a billion (Shs0.5bn) in this school,
>>> for the construction of teachers houses. The Solicitor General also
>>> gave an interpretation that hindered BOOST INVESTMENT from evicting
>>> this school. Nevertheless, the school was demolished without a known
>>> COURT ORDER!
>>>
>>> This was the only Universal Primary Education (UPE) School in the
>>> impoverished and over-populated Mengo Kisenyi. It was a Grade One UPE
>>> School which accommodated 1,500 pupils. I wish to call upon the
>>> Speaker of Parliament to please verify and apply this information in
>>> their work in the parliamentary probe team.
>>>
>>> But I won’t rest my case without a proposed way forward thus; Another
>>> UPE School should be built in the area. This school has to be within
>>> Mengo Kisenyi to enable the six-thirteen year old pupils to easily
>>> walk to and from school for education. But most importantly, we should
>>> avoid impunity; BOOST INVESTMENTS has to be sued in the courts of law.
>>>
>>> --
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>>
>>
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