By Male Deogratius

Kabaka  Mutebi the King of Buganda  Buganda  ’s Kigo Land war with city tycoon Hamis Kiggundu, the proprietor of the Ham Enterprises Limited has deepened after Ham’s lawyers called for the prosecution of Buganda Land Board (BLB) boss Bashir Kizito Juma over conflict of interest.

Kabaka through his lawyers led by Buganda Attorney Christopher Bwanika, lawyers from K&K Advocates and S&L Advocates petitioned the registrar Land Registration John Karuhanga seeking the cancellation of land titles Comprised on Kyadondo Block 273 plot 23974, 23976, 23975, 23977 and Kyadondo Block 273 plot 87,99, 110 situated at Kigo in Wakiso district.

Kabaka asserted that he is the rightful owner of the land and accused Ham of fraudulently conniving with officers at Wakiso district land board to grab his land which he inherited from his father and grandfathers.

He added that Ham admitted that he illegally obtained the land and accepted the cancellation which he strongly objected to in his defense before Karuhanga.

In his defense, Ham, through his lawyers led by Fred Muwema contended that he is the owner of the land after he legally obtained it from Wakiso district land board.

He claimed that the survey report which Kabaka Mutebi based on to argue his case is fake since it is not even dated and that’s the reason why he appointed a private surveyor William Matovu to conduct another survey report which contradicted with that of the Kabaka. He promised to present it to the registrar.

He pleaded to the registrar not to base on the testimony of Bashir Kizito Juma, the legal Attorney to Kabaka because he has a conflict of interest in the matter.

“Our contention is that there is an actual conflict of interest in the duties of Bashir Kizito Juma acting both as a public officer and a private officer of the complainant,” Ham’s lawyers said.

They added, “This type of conduct by Bashir Kizito Juma is against the Code of Conduct and Ethics of Public Service issued under the Public Standing Orders 2010.”

They divulged that conflict of interest is a punishable crime in Uganda especially where a public officer holds a position in a private body whose operations are in conflict with his official duties.

He added that the irony of the matter is that the freehold titles were granted by the Wakiso District Land, which employs Bashir Kizito Juma which means that he is both a witness and the architect of the complaint.

“This tribunal can therefore not entertain this conflict of public officers to pursue a conflicted complaint which derogates all best practice in public law. In our considered view, entertaining this complaint as presently filed is to perpetuate illegality and a constitutionally prohibited act,” they stated.

Ham pleaded with Karuhanga’s tribunal to dismiss the complaint and declare him the rightful owner of the said land.

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