The High Court on Wednesday deferred the trial of the former Uganda Land Commission (ULC) chairperson, Beatrice Byenkya.

She is accused of obstructing investigating officers from searching her office and has been deferred to January 31, 2024, because the state attorney is reportedly sick.              

According to the Inspectorate of Government (IG), the incident happened on January 4, 2022, when their investigations team had gone to ULC offices to probe allegations of misappropriation of funds, amounting to millions of shillings, and abuse of office by Byenkya.

In the last court session, the IG’s Kampala Regional Office head, Michael Tumukurate, told the court presided over by Chief Magistrate Joan Aciro that Byenkya and three Police officers stopped them from carrying out their duties while at ULC offices in Kampala. 

In the last court session, the IG’s Kampala regional office head, Michael Tumukurate, told the court presided over by Chief Magistrate Joan Aciro, that Byenkya and three Police officers stopped them from carrying out their duties while at ULC offices in Kampala.

The Police officers charged alongside Byenkya, are Richard Godfrey Anywar, Titus Wamono, and Edward Turyatunga. It is alleged that the Police officers drew a gun at the IG investigating team who wanted to conduct a search at the land boss’s office.

“We expected to carry out a search at the ULC offices peacefully. However, we were forced out of the office after retrieving some documents despite showing the police officers a search warrant. Later, they allowed us to access Byenkya’s office but we entered and found some of the documents retrieved taken,” Tumukurate earlier testified.

He was testifying under the guidance of IG prosecutor, Mikka Luteete, in a case where the four accused persons were battling charges of obstruction of search and abuse of office, contrary to sections 35 and 11 of the Inspectorate of Government Act and the Anti-Corruption Act, 2002, respectively.

Obstruction of a search attracts a maximum sentence of three years in jail, on conviction, while abuse of office elicits a seven-year jail term.

Byenkya is being represented by defence lawyers John Mary Mwaya, Charles Tibaijuka and George Maiteki.

Tumukurate said at the time of searching, ULC offices were heavily guarded by police officers, which he said was unusual.

The witness said the purpose of a search certificate is to record all documents that have been retrieved from the scene.

Allegations

The prosecution alleges that Byenkya and the three Police officers on January 4, 2021, at ULC without lawful justification or excuse, willfully obstructed and hindered three IG staff from carrying out a search of the office of the chairperson while they were acting in the exercise of powers conferred by the IG Act, 2002.

The staff are Michael Tumukurate, Zakaria Tiberindwa and Superintendent of Police Noreen Akello.