LAND WOES: Kiryadongo Farmer Cries Foul Over Delayed Justice, Begs For Attention

By PATRICK JARAMOGI

KIRYADONDO, Uganda Jan 29 [SHIFTMEDIA ] Binen Innocent Apechu stands at the edge of his now-barren land, the soil beneath his feet cracked and dry where his cassava gardens once thrived. Six years have passed since his world was turned upside down, yet justice remains a distant dream.

The 52-year-old Alur farmer from Kiryadongo District grips his walking stick, his voice carrying the weight of a man worn down by a battle that seems unwinnable. “Because I am poor, the rich take advantage and cheat us,” he says, his tone a mix of frustration and resignation.

Binen’s nightmare began when a man named Jimmy Obayi allegedly grabbed his 18-acre piece of land and sold it to two buyers: Michael Ayepa (8 acres) and Mrs. Suliaman Nakato (RIP) (1o acres). What followed was a painful spiral of court delays, police inaction, and relentless intimidation that has left him feeling abandoned by the very institutions meant to protect him.

Background To The Case

In 2018 Binen Innocent Apechu filed a civil suit case No 09 of 2018 at the Chief Magistrates Court in Kiryadongo, in the case, Binen alleges that Jimmy Obayi, son to the late Obayi Stephen, unlawfully grabbed 8 acres of his land located at Nyamahasa A Mutunda Parish, Mutunda Sub County in Kiryadongo district. The disputed land remains a contentious issue, prompting a thorough investigation into the claims and circumstances surrounding the case.

For six years, Binen has made countless trips to the Kiryadongo Chief Magistrates Court, hoping for a resolution to his land dispute. Each time, he is met with postponements, missing files, and what he believes to be deliberate efforts to frustrate his case. Meanwhile, the people he accuses of illegally occupying his land continue to cultivate it freely.

The injustice does not stop at the court. When his cassava gardens were destroyed—an act he considers outright malicious damage—Binen reported the matter to the police in Kiryadongo (CRB 402/20), vide SD 04/25/05/020. His complaint was received, but no investigations have been conducted, no arrests made. “They don’t even call me for updates,” he laments. “It’s like my case does not matter.” Mr Binen reported that his cassava plantations were destroyed allegedly by Mehed Aligo Marijan, Anguyo, Wayawaya, some individuals acting under Jimmy Obayi’s orders. This act is tied to the broader  land dispute, further complicating the case.

 

Our investigations conducted at the Kiryadongo Police station indicates that the officer (IO) who was handling the case has long been transferred to another station.

His story is a reflection of a broader crisis in Uganda, where land conflicts have become alarmingly common. With the country’s population growing and land becoming an increasingly valuable commodity, disputes are often fueled by corruption, weak judicial systems, and power imbalances that favor the wealthy and well-connected.

For Binen, the struggle is not just about reclaiming his land—it is about justice, about proving that even the poor have a right to be heard. But as the years drag on, the question lingers: how long can one man fight against a system seemingly designed to ignore him?

His feet sink slightly into the dusty ground as he surveys the land that once sustained his family. “I have nowhere else to go,” he says, his eyes fixed on the horizon. “This is my home. And I will not give up.”

Findings at the Masindi Regional Land Office

A critical aspect of the our investigations involved a review of the land records at the Lands Regional office in Masindi. Mr Obayi’ Jimmy’s defence hinges on his claim that his late father, Mr. Stephen Obayi, applied for, and was granted a lease for 200 hectares (approximately 500 acres) in 1989 under ULC MIN 16/89 (a) (137), however our investigations discovered several inconstancies.

The Survey records that only 80 hectares were surveyed as signed  by the Assistant Commissioner of Surveys and Mapping on 2nd August 1990. Our findings further reveal that the survey of the 80 hectare in Nyamahasa A, Mutunda subcounty was conducted on 9th March 1993, three years after the authorization. Surprisingly, the survey was recorded in the file on 10th March 1993, just one day after the survey conducted.

Missing Survey Report

The survey report, a crucial document for verifying the extent and location of the surveyed land is conspicuously missing from the Masindi Lands Registry. Efforts by the Mr. Charles Bagadira, the in-charge Lands Registry Masindi, and Mr. Simon Biryatega, the Acting Lands Officer Masindi, to locate the file proved futile. The absence of the survey report raises serious concerns regarding the integrity of the land transaction process and casts doubt on the legitimacy of the claim by Mr. Obayi Jimmy.

Historical Ownership Claims

Testimonies from neighbors and family members suggest Mr. Binen has a legitimate claim based on long-term occupation and inheritance . However, the lack of formal documentation weakens his legal position. Mr. Susu David, a neighbor confirmed that Mr. Binen has long been an occupant of this land. Similarly, Mr. Okoku John, another neighbor, and Mr. Severio Okethwengu, Binen’s father, all told us that Binen has been cultivating in the disputed land for over 20 years.

Recommendations

Forensic Audit of Lands Records– A comprehensive audit of the Masindi Lands Registry is necessary to trace the missing survey report and verify the legitimacy of the claims.

Revival of Police Case– The Kiradongo Police should reactivate the thouroughly investigate the malicious damage case to determine culpability and provide justice to the aggrieved party.

Judicial Intervention: The principal Judge should prioritise this case and take necessary steps to expedite its hearing and resolution.

Mediation: Given the familial and communal nature of the dispute, mediation by local leaders or a neutral third party may provide a faster and more amicable resolution.

Legal Action: Both parties should be encourage to provide documentary evidence to support their claims in court, ensuring that the Chief Magistrate’s Court has all the necessary information to adjucate the matter fairly. Hearing is set for February 12 2025.