Park Royal challenges IGG powers

Apr 12, 2007

PARK Royal, a real estate developer, has petitioned the Constitutional Court challenging the Inspector General of Government’s (IGG) powers stopping the High Court from hearing its case.

By Hillary Nsambu

PARK Royal, a real estate developer, has petitioned the Constitutional Court challenging the Inspector General of Government’s (IGG) powers stopping the High Court from hearing its case.

The case is in regard to Plot 61 on Yusuf Lule Road in Kampala, belonging to the Government.

Park Royal had earlier sued the Attorney General because the staff of the defunct Movement Secretariat, who were living in the house, had refused to vacate after Kampala City Council (KCC) had allocated it to Park Royal.

According to the petition, in 1995, KCC allocated the property to Park Royal after a lease granted to the Uganda Land Commission expired in 1988.

However, Justice Faith Mwondha, the IGG in her report to the President said KCC had no powers to give it away.

It further states that upon issuing the lease to Park Royal by KCC, the IGG initiated an investigation based on a complaint by the sitting tenants, who allegedly claimed that they should have been given the first priority to purchase the property as sitting tenants.

It is contended further in the petition, however, that all tenants received compensation except one of them, Irene Kalikwani, who was allegedly discovered to be a relative of the current IGG.
It is further alleged in the petition that Kalikwani refused to vacate and to take her compensation, which prompted the IGG to re-open the inquiry and investigations and challenge the decision of the court.

The petitioner alleges that after obtaining a temporary order stopping the IGG from taking action, the IGG on September 27, 2006 wrote to the High Court Principal Judge seeking to stop hearing any matters concerning the property pending her investigations.

“The IGG by interfering in the conduct of the High Court and the right of the petitioner to be heard in court of law on matters lawfully before it, contravened the Constitution and her actions should be reversed,” the petition states.
Park Royal contends that the IGG overstepped her boundaries and also violated the Constitution.

Following the IGG’s report to President Yoweri Museveni in which several high-ranking government officials were alleged to have corruptly had a hand, Park Royal rushed to the Constitutional Court, seeking redress.

The petition filed through Sebalu and Lule Advocates is supported by an affidavit sworn by Alinasir Virani, a director of the company.

The IGG’s report hit a front page spot-headline of The New Vision on March 21, 2007, where a High Court judge, a cabinet minister, an officer of the Attorney General’s Chambers, officials of the lands department and KCC officials were named as having had a hand or an interest of some kind.

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