CONTROVERSY: Police Legal Department On The Spot Over Contradicting PSU Report Implicating Top Cops

Aloysius Kakande the complainant PHOTO/SHIFTMEDIA

By PATRICK JARAMOGI

KAMPALA, Uganda-SHIFT MEDIA—- The Uganda Police Legal Department is on the spot for failing to release an investigations report handled by the Professional Standards Unit (PSU) against the conduct of top detectives.

 

Genesis of the woes

On 14th July 2017, D/ASP Mwebaze Onesmus writing on behalf of the Commandant Land Protection Police Unit penned a letter addressed to the Commissioner Lands Registration in the Ministry of Lands, Housing and Urban Development accusing a one Aloysius Kakande of fraudulently procuring a certificate of land located in Gomba Block 138 Plots 4 and 5.

The communication arose out of a case of forgery filed against Kakande vide CID HDQRS LPPU GEF 104/2017.

Mwebaze in the letter said they had received a complaint from the Administrators of the estate of the late Ssebugwawo Nelson Edmond Nkalubo to the effect that Aloysius Kakande had forged a mutation form and thereafter fraudulently registered himself as the proprietor of the above mention land.

Mwebaze said they retrieved a certified true copy of the said mutation form under instrument NO. KLA 121172 subjected it to forensic analysis and was found to be a forged document.

Kakande appeals

After receiving Onesmus Mwebaze’s letter to the Commissioner Lands Registry. Kakande wrote to the Commandant Land Protection Unit on February 1st 2018.

Titled “Fictitious Investigations on Block 138 Plots 4&5 of 750 Acres”, Kakande noted: “I write with concern over a letter your office uttered ref: NHR/CID40/181/VOL 26/681 dated 14/07/2017 by Onesmus Mwebaze to the Commissioner Land Registration. This letter is not copied to me. Please note that there is a civil suit no 158 of 2016 in the High Court over Block 138.”

 

“The letter claims that I forged a mutation form and got registered as owner of the above land. The same letter claims that ‘investigations’ carried out by Mr. Onesmus Mwebaze determined that the mutation form issued was forged. What were the parameters Mwebaze Onesmus followed in his ‘investigations’” since I was never called to give my side and I have been sued,” penned Kakande.

Kakande said he purchased the said land in 1986 from the now late Nelson Edmond Nkalubo Ssebugwawo who signed the sales agreement and mutation form. “I surveyed the land and got a land title under instrument No. KLA121173 of 5th November 1986 and I have had a quiet possession of the same land since,” he explained.

In his missive, Kakande warned that the letter would cause damage and costs and demanded that said letter to lands registration be retracted.

Kakande seeks PSU intervention

In 2019 Kakande didn’t sit back, he filed a complaint against the conducts of the D/ASP Onesmus Mwebaze vide PSU/GEF/067/2019.

But what is puzzling,  and that is the focus of this story today, is the fact the findings carried out by PSU against Onesmus Mwebaze had

‘serious flaws’.  Kakande says that the version of the report ref; CID/CI/40/41/04 Vol 13 (That we obtained) does not address the matters he raised in the complaint.

“The report ignores and at best glosses over salient features on the concerns I raised,” Kakande  noted in a October 22 2019 letter to the Inspector General of Police (Attn. Director Human Resource and Legal Services).

In his complaint to the IGP, Kakande observes that the investigating officer a one D/AIP Ariko Martin didn’t summon him as a suspect in the case, and that the investigations were kept secret.

“I presented myself to police and gave statements a year after Ariko had concluded his bogus investigations. The report I received doesn’t address its self to these issues,” wrote Kakande aged 80 now.

“If bogus investigations are now part of the standard police operating procedures, I will understand why Ariko is exonerated and why my rights to own land and have freedom are trampled on,” he added.

Kakande wondered why Onesmus didn’t write to the Director Public Prosecution (DPP) to have him prosecuted for forgery, rather than writing to the Commissioner Lands Registration.

“Paragraph 3(ii) clearly states that D/ASP Onesmus acted as a jury, and judge when he determined my so called guilt after a bogus investigations by writing to the Commissioner Lands Registration instead of the DPP,” he narrated.

In his missive to the IGP, Kakande requested that he be provided with a certified copy of the original report findings by D/C Agenoga William.

Contradicting reports

What is perturbing is the fact that the report signed by Chepkurui Shunu Jimmy exonerating D/ASP Onesmus Mwebaze was released to Kakande, but the second report after investigations ordered by the IGP hasnot been released yet.

In his report dated 21 October 2019, Chepkurui said: “The letter was indeed authorized by D/ASP Onesmus Mwebaze on behalf of the Commandant Land Protection Police Unit and the contents of the letter were clear and there is no evidence of misconduct alleged. The file was therefore closed and put away.”

 

The IGP in a letter dated November 6 2019 directed the Commandant Professional Standards Unit to re-investigate the complaints raised by Kakande regarding his dissatisfaction of the PSU findings.

What we found out

The second report that is being shelved implicates the two officers for neglect of duty.

In our digging deeper, we discovered that on December 5 2019, a report was written to the Commandant PSU. In that report, the officer noted that after D/ASP Onesmus Mwebaze wrote to the Commissioner Lands Registration, Kakande’s titles were cancelled prompting his anger and complaint.

The investigations were carried out D/C William Agenoga (NO 60453) who retrieved the case files CID HQS LPPU GEF 104/2017.

In this report filed by Williams Agenoga that we obtained, he noted that D/AIP Ariko Martin Omoding entered the complaint on 7/04/2017.

“D/AIP Ariko Martin Omoding conducted investigations into the allegations but never traced the suspect in the subject matter (Aloysius Kakande) to bring to his attention the issues raised and therefor demand for his for his response,” noted Agenoga.

He noted that the letter written by Onesmus Mwebaze to the Commissioner Lands Registration was authored before hearing from the ‘suspect’ Kakande Aloysius.

“Therefore my observation is that the investigations was biased as the suspect was not traced before sending questioned documents for examinations and analysis,” the report indicated.

Recommendations

The investigating officer Agenoga William NO 60453 DC thus recommended as he wound up the report; “The conduct of the police officers was found to be unprofessional and therefore, I recommend that D/ASP Onesmus Mwebaze and D/AIP Ariko Martin Omoding, the officer in charge investigations and the investigating officer respectively be charged with Neglect of Duty contrary to section 44 code 19 of the Police Act.”

Agenoga further recommended that the original case file PSU/GEF/067/2019 together with investigations report be forwarded to the Director HR& Legal Service for perusal and legal guidance.

“Our complainant be informed of the outcome of the investigations in this matter,” concluded Agenoga Williams.

This is the updated report that Kakande Aloysius is demanding that police authorities produce to him.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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