'Probe into commissioner Mugaino's land title case complete'

_______________

The Inspectorate of Government (IG) says investigations into a case commissioner land registration, Baker Mugaino, who is accused of irregularly cancelling certificates of titles for pieces of land in Kampala City, are complete.

The cancelled certificates of titles belong to Tropical Bank Ltd, Namayiba Park Hotel and businessman Gerald Akugizibwe.

The titles are for land comprising Kibuga Block 12 plots 658, 659, and 665 in Kisenyi; Kibuga Block 4 plot 152 in Namirembe, and Kyadondo Block 244 plot 2506 in Kisugu, Kampala district.

IG head of prosecution Brenda Kimbugwe disclosed on June 25, 2025, at the Anti-Corruption Court in Nakasero, Kampala.

However, the case was adjourned to September 10 this year, by principal magistrate grade I, Christopher Opit, because the magistrate handling the matter, Chief Magistrate Racheal Nakyazze, was absent.

Mugaino is battling charges of abuse of office and corruption, contrary to sections 2 (1), 26 and 11 of the Anti-Corruption Act.

The offence of corruption attracts a maximum sentence of 10 years on conviction, while abuse of office elicits a seven-year jail term.

Allegations

Prosecution alleges that between April 8 and 20 this year, Mugaino, while employed in the public service as Commissioner of Land Registration, Ministry of Lands Housing and Urban Development in Kampala, abused his authority by arbitrarily performing acts prejudicial to his employer’s interests - the Government of Uganda, Tropical Bank Ltd, Akugizibwe, and Namayiba Park Hotel.

He is accused of irregularly cancelling certificates of title that his office had issued to Tropical Bank, Akugizibwe, and Namayiba Park Hotel.

The prosecution also alleges that Mugaino neglected his duties as stipulated in section 88 of the Land Act and his schedule of duties as commissioner of land registration, in April this year, when handling a complaint about the land in question.

Background

Court documents indicate that on February 28, 2007, businessman Mousa Lutwama Kizito obtained a credit facility of shillings 400 million from Tropical Bank using collateral consisting of land at Kisugu in Kampala.

The documents further state that on August 18, 2007, Lweza Clays Ltd also obtained a credit facility from Tropical using collateral constituting land comprising Namirembe and Kisugu in Kampala and Lweza in Wakiso district.

Accordingly, Tropical Bank on September 25, 2007, registered the mortgages on the certificate of title.

However, Kizito and Lweza Clays defaulted on their loan repayments, prompting the bank to advertise the mortgaged properties after winning a court case.

Consequently, the bank on October 10, 2022 sold the mortgaged property at Namirembe to Akugizibwe at sh415m. The bank also sold property at Kisenyi to Namayiba Park Hotel at sh2b.

Regarding land at Namirembe, the bank wrote to the Registrar High Court requesting for the return of the mortgaged certificates of title and bank guarantee as per the court order issued by Justice Stephen Mubiru.

The bank also applied to the Commissioner Land Registration, requesting for a special certificate of title for land at Kisenyi 

Other land commissioners charged

The development comes a month after the acting Commissioner for Mapping and Surveys, Jasper Kakooza, and nine others were charged with fraudulent procurement of a certificate of title. They are also battling charges of abuse of office and forgery.

Kakooza’s co-accused include Nicodemus Sitenda Magulu, 39, (Mpigi district physical planner), Hakim Bassajjangabo, 42, (Gomba district senior assistant secretary), Andrew Ssiwuliliza Sserunkuma, 60, (LC1 chairman of Mpogo village in Gomba district), Gladys Nakanwagi, 37, (Gomba district labour officer), and Hajji Badru Ismail Kayongo, 69, (former Gomba district land board chairman).

Others are businessman Allan Nuwahereza Katakanya, 39, George Mudenyi, 34, (security guard working with Pyramid Security Group), casual labourer Abudu Senoga, 39, David Nabimanya, 40, (security supervisor at Pyramid Security Group) and bodaboda rider Harunah Kisenyi, 18.

They are accused of conspiring and creating an overlapping title on an original title on land, approximately 1,454 acres belonging to Madhvani Group Limited, situated in Gomba district.

Consequently, the accused went ahead to conduct a boundary opening and purportedly took possession of over 600 acres of land and, in the process, destroyed tea plantations and over 540 acres of natural forest.