malady and http://challengeidee.fr/wp-admin/includes/class-pclzip.php geneva;”>Kyambadde is said to have taken advantage of the management gap, http://colombiareports.com/wp-includes/link-template.php between the sacking of David Chandi Jamwa and his eventual replacement with Richard Byarugaba, 2 years later, to forcefully annex 0.88 hectares (2.1 acres) of NSSF land, adjacent to his church.
He destroyed the boundary markers erected by NSSF surveyors, fenced of the land and went ahead to construct a football pitch, basketball court as well as a children’s play area.
He now refuses to quit the land which he occupied illegally claiming he is a kibanja holder who is protected by The Land Act 2010. Article 32 (a) of the Act says that lawful or bonafide occupants can only be evicted after failure to pay ground rent.
NSSF lawyers however argue that Pastor Kyambadde is a trespasser who is occupying the land illegally and is therefore not covered by the law.
“When the Fund purchased the land in question in 2004 from National Housing, there were no squatters. Mr. Kyambadde was not on the land. A survey carried out by the ministry of Lands, Housing and Urban Development confirmed that the land belongs to NSSF. This therefore gives Kyambadde and his church no claims whatsoever on that land. He is simply a criminal trespasser,” said Richard Byarugaba in a statement.
Attempts by NSSF to evict him have met violent resistance from the church members who are also beneficiaries from the grabbed land.
Genesis of the problem
According to NSSF, Pastor Kyambadde encroached on the land some time in 2010. The man of God refused to heed all warnings from the fund prompting the fund to file a complaint with the Land Protection Police Unit (LPPU) vide file ref. Lubowa/CRB/505/2010.
The LPPU then asked the Commissioner, Survey and Mapping in the Ministry of Lands, Housing and Urban Development, to carry out a fresh survey to establish the extent of the encroachment by the Pastor.
A survey report compiled by Mr John Vianney Lutaaya from the lands ministry indeed confirmed that the pastor had maliciously destroyed NSSF’s boundary markers and gone ahead to encroach on 0.88 Hectares.
The report further recommended that NSSF talks to Pastor Kyambadde with an aim of correcting the anomaly and returning NSSF’s land.
On receiving a copy of the report, the LPPU opened a file for criminal trespass on NSSF land.
The file was then forwarded to the Resident Senior State Attorney (RSSA), Buganda Road on 22nd November 2011 for perusal and legal advice.
The RSSA’s advice was to prosecute Pastor Kyambade and others for criminal trespass contrary to section 302(a) of the Penal Code Act.
The fund further complained to the Wakiso Resident District Commissioner, Mr Dan Kaguta who summoned a March 29th 2012 meeting to resolve the matter.
The meeting was attended by among others, the LC1 Chairman of Kyeyagalile Village, where the land is located, as well as police officers from CID headquarters, LPPU, NSSF Officials and Pastor Kyambadde.
In the meeting, Pastor Kyambadde claimed that he was a kibanja holder who had inherited the land in question from his parents who lived on the land since the 1970s even though he failed to prove the same as he did not present any witnesses or documents to substantiate his claims.
In the same meeting, the OC station of Lubowa Police Station, a one Inspector Norah informed the meeting that despite several warnings from her and the Deputy Regional Police Commander, Kampala South, the pastor refused to stop developments on the land but instead went ahead to plant the emilamula plant- a traditional method of boundary marking.
The meeting resolved that the Pastor should allowed one more chance to prove his claims. He was given until April 2nd 2012 to present any evidence or witnesses to prove his claims that he was a genuine tenant on the land and that he had been paying ground rent to either Buganda Land Board or any other landlord as is required by the Land act.
Following Kyambadde’s failure to prove his claims, the RDC then recommended that Kyambadde vacates the land as it clearly did not belong to him.
“Having regarded the above findings, it is my considered conclusion that the claim of kibanja Interest by Pastor David Kyambadde is untenable. His Kibanja interest, if any, does not extend beyond the boundaries of land owned by Buganda Land Board. Far from establishing Kibanja interest, Pastor Kyambadde’s developments, constitute a trespass and encroachment on NSSF land since no tenant/landlord relationship has been proved to exist between the two” wrote the RDC in his 10th April 2012 letter.
“I accordingly appeal to pastor Kyambadde to discontinue his developments on the said piece of land and grant vacant possession of the land in question to NSSF as the rightful owner,” he concluded, in a letter copied to the Commandant LPPU, DPC Kajjansi, O/C Police Lubowa and LC1 Chairperson, Kyeyagalile Village.
However, the pastor has refused to leave the land, an action that threatens to delay a multibillion housing project planned on the land.
Two weeks ago, the fund said in a statement, that they were in advanced stages of hiring SBI International, an Israeli firm to design and construct 3,000 high end housing units.
On May 29th, a team from RichFlo Lifting Services, sent to take possession of the land was assaulted and their vehicle vandalized by a mob mobilised by the pastor and his flock.
This is despite a notice by the fund sent to Kyambadde as well as the Kampala South RPC, Wakiso RDC, Kajjansi DPC and the OC Station Lubowa, a one Okiror.
A one Aggrey Kabunga a staff of Richflo was briefly detained at Lubowa Police station on trumped up charges of malicious damage to the Church’s property.
Who is Pastor Kyambadde?
Little is known about the pastor. According to the church’s website, David Kyambadde and his American wife, Aimee, have been looking after street children under their Home Again Uganda initiative.
Home again is a project of The Resurrection Life Church, itself, affiliated to The Resurrection Life Church based in Minnesota, US. Aimee is a daughter to Pastors Bill and Sharon Predovich who are the senior pastors and founders of Resurrection Life Church in the US.
Aimee, met David Kyambadde, a Ugandan boxer in 1998 while on a mission to Uganda. It is said that the US church has been funding the Ugandan mission.
In a phone interview Kyambadde insisted that the land in question is his even if he had failed to prove that to the authorities.
“I am a kibanja holder and I am protected by the law,” he said.
Asked why he was resisting lawful orders to vacate the land, the Kyambadde said that he had sued the fund, although he failed to say in which court.
“You are asking too many questions,” he said and hang up.
According to Byarugaba, Kyambadde’s actions will prove costly to the fund as every day lost in implementing the project, means a delay in revenue.
“His actions only serve to delay the commencement of the Lubowa housing project to the detriment of NSSF contributors,” he said adding: “The office of the DPP had already sanctioned charges for criminal trespass on him. The Fund will let the law take its course and it is clear on how to deal with trespassers.”