Future bleak as three fight for school land
Apr 14, 2009
THE future of Kisaasi Primary School hangs in the balance following a controversy over the ownership of the land on which it stands. The 40-year-old school, located in Kawempe division, is government-owned with about 500 pupils.
By Madinah Tebajjukira
and Joshua Kato
THE future of Kisaasi Primary School hangs in the balance following a controversy over the ownership of the land on which it stands. The 40-year-old school, located in Kawempe division, is government-owned with about 500 pupils.
According to the Auditor General’s report, the land, worth sh2b, might have been, under unclear circumstances, sold to several parties, including Kampala City Council (KCC). Parliament’s local government accounts committee visited the school on April 3 to investigate the matter.
The school was constructed by the Madhvani family in 1969 as a branch of another school, Kalinabiri, in Ntinda. Both schools, which had been constructed for the government of Buganda, were eventually taken over by the central government.
By 1987, the school land title was in the name of Semu Kisekka Mukwaba (RIP), the former chairman of the school’s Parents Teachers Association (PTA).
It is not clear how the Mukwabas took over the ownership of the school land, but Edward Sentamu, an elder who studied at the school in the 1960s, says he suspects Mukwaba could have accessed the school titles while serving as PTA chairman.â€
In the late 1990s, the administrators of Mukwaba’s estate moved to challenge KCC and the Government over the ownership of the school. They took KCC to court and even threatened to evict the school. However, KCC, under the leadership of the then mayor, John Ssebaana Kizito, reached an agreement with the family to settle the matter out of court.
In September 2005, KCC signed a sale agreement with the group and paid sh500m for 10 acres on Plot 163, Block 214, where the school stands.
The Auditor General’s report shows that at the time of the transaction, the school had stood on the land for 36 years.
This, according to the Land Act of 1998, means the school was the bonafide occupant, which raises questions why KCC did not seek legal protection instead of opting for an out-of-court settlement.
“A copy of the consent agreement between the two litigants was not availed. We were neither availed a letter from the administrator general nor the deceased’s will to ascertain the bona fide administrators of his estate,†the report reads. The transaction was conducted without KCC’s authority.
“Council was notified about the deal in October when it had already been concluded,†Ruth Kijjambu, the town clerk, told the committee.
Documents availed by Kijjambu showed that Ssebaana Kizito initiated the deal. He and his personal assistant, now Bukoto South MP, Mathias Nsubuga, visited the land and verified its boundaries.
“After negotiations with the owners’ agent, I have managed to make the agent accept sh500m, which is the value of the land by our valuers’ report,†Ssebaana wrote in a letter addressed to the tender board chairman.
Despite the fact that this transaction had financial implications of a high magnitude, the KCC advocate was not involved. A private lawyer from Sendege, Senyondo and Company Advocates handled the case on behalf of KCC.
Surprisingly, the same piece of land, which KCC claims to have bought, had already been sold to Vincent Kawunde in October 2004 at sh200m, the report noted. Another person called Sserwada also claims ownership of the land.
“Payment for the land without a consent agreement involving all parties exposes council to possible litigation in the event that the alleged owners or first buyers raise a claim on the land,†the Auditor General noted.
KCC advocate Josephine Karugonjo allegedly told the MPs that the council had been fleeced of an unspecified amount of money in another land deal on which Kalinabiri Primary School stands. She said the matter was in court.
Consequently, the local government accounts committee chairman, Abduh Katuntu, asked Parliament to investigate matter. “These people connive with individuals in organisations to sell hot air. This is not an isolated case. The same land has been sold to so many people,†Katuntu said.
The titles submitted before the committee show that the land is still registered in the names of Semu Kisseka Mukwaba, Edward Ddamulira Sseremba and Eram Mujjuzi Kagwe. The titles also show there has never been any transfer to any other party since 1987.
The area MP, Latif Ssebagala, an old boy of the school, says he thought the school belonged to KCC and only learnt recently that some people were claiming it.
Three years since KCC paid for the land, they are yet to transfer it into council names. Authorities at KCC say the transfer was delayed by the caveat placed on the land.
Kijjambu says KCC put a caveat on the land in addition to another by Kawunde.
As the Police carry out investigations, residents are worried about the future of the school and the education of their children.
and Joshua Kato
THE future of Kisaasi Primary School hangs in the balance following a controversy over the ownership of the land on which it stands. The 40-year-old school, located in Kawempe division, is government-owned with about 500 pupils.
According to the Auditor General’s report, the land, worth sh2b, might have been, under unclear circumstances, sold to several parties, including Kampala City Council (KCC). Parliament’s local government accounts committee visited the school on April 3 to investigate the matter.
The school was constructed by the Madhvani family in 1969 as a branch of another school, Kalinabiri, in Ntinda. Both schools, which had been constructed for the government of Buganda, were eventually taken over by the central government.
By 1987, the school land title was in the name of Semu Kisekka Mukwaba (RIP), the former chairman of the school’s Parents Teachers Association (PTA).
It is not clear how the Mukwabas took over the ownership of the school land, but Edward Sentamu, an elder who studied at the school in the 1960s, says he suspects Mukwaba could have accessed the school titles while serving as PTA chairman.â€
In the late 1990s, the administrators of Mukwaba’s estate moved to challenge KCC and the Government over the ownership of the school. They took KCC to court and even threatened to evict the school. However, KCC, under the leadership of the then mayor, John Ssebaana Kizito, reached an agreement with the family to settle the matter out of court.
In September 2005, KCC signed a sale agreement with the group and paid sh500m for 10 acres on Plot 163, Block 214, where the school stands.
The Auditor General’s report shows that at the time of the transaction, the school had stood on the land for 36 years.
This, according to the Land Act of 1998, means the school was the bonafide occupant, which raises questions why KCC did not seek legal protection instead of opting for an out-of-court settlement.
“A copy of the consent agreement between the two litigants was not availed. We were neither availed a letter from the administrator general nor the deceased’s will to ascertain the bona fide administrators of his estate,†the report reads. The transaction was conducted without KCC’s authority.
“Council was notified about the deal in October when it had already been concluded,†Ruth Kijjambu, the town clerk, told the committee.
Documents availed by Kijjambu showed that Ssebaana Kizito initiated the deal. He and his personal assistant, now Bukoto South MP, Mathias Nsubuga, visited the land and verified its boundaries.
“After negotiations with the owners’ agent, I have managed to make the agent accept sh500m, which is the value of the land by our valuers’ report,†Ssebaana wrote in a letter addressed to the tender board chairman.
Despite the fact that this transaction had financial implications of a high magnitude, the KCC advocate was not involved. A private lawyer from Sendege, Senyondo and Company Advocates handled the case on behalf of KCC.
Surprisingly, the same piece of land, which KCC claims to have bought, had already been sold to Vincent Kawunde in October 2004 at sh200m, the report noted. Another person called Sserwada also claims ownership of the land.
“Payment for the land without a consent agreement involving all parties exposes council to possible litigation in the event that the alleged owners or first buyers raise a claim on the land,†the Auditor General noted.
KCC advocate Josephine Karugonjo allegedly told the MPs that the council had been fleeced of an unspecified amount of money in another land deal on which Kalinabiri Primary School stands. She said the matter was in court.
Consequently, the local government accounts committee chairman, Abduh Katuntu, asked Parliament to investigate matter. “These people connive with individuals in organisations to sell hot air. This is not an isolated case. The same land has been sold to so many people,†Katuntu said.
The titles submitted before the committee show that the land is still registered in the names of Semu Kisseka Mukwaba, Edward Ddamulira Sseremba and Eram Mujjuzi Kagwe. The titles also show there has never been any transfer to any other party since 1987.
The area MP, Latif Ssebagala, an old boy of the school, says he thought the school belonged to KCC and only learnt recently that some people were claiming it.
Three years since KCC paid for the land, they are yet to transfer it into council names. Authorities at KCC say the transfer was delayed by the caveat placed on the land.
Kijjambu says KCC put a caveat on the land in addition to another by Kawunde.
As the Police carry out investigations, residents are worried about the future of the school and the education of their children.