Published on 04/04/2024
Parliament has deferred its intervention regarding the land dispute in Nyakesi E Zone, Lyokango Parish, Nyangole Sub-county, Tororo District over the subjudice rule.
The dispute, which centres around approximately 90 acres of contested land, has pitted the Kol-Katandi clan of the Adhola tribe against the Kayoro Katekoko clan of the Iteso tribe.
During the plenary session on Wednesday, 03 April 2024, the Committee on Physical Infrastructure, through Kazo County MP Hon. Dan Kimosho, presented a move aimed at restoring order and safeguarding the rights of affected residents, particularly those impacted by the actions of Sylvia Damalie Owori.
The committee recommended that the Government should streamline and establish clear guidelines for the deployment of security personnel to private individuals or companies. Additionally, it should ensure that security personnel adhere to the law, even when deployed for private duties.
“Ms Owori Sylvia Damalie should confine herself to the portion of land allocated to her by the Kayoro Katekoko clan leaders in 2018. If she wishes to acquire more land in Nyakesi ‘E’ Zone, Lyokango Parish, Nyagole Sub-county in Tororo District, she should do so through lawful avenues outlined in the Constitution and the Land Act, Cap 227,” Kimosho said.
However, the implementation of the committee’s recommendations was deferred as the Deputy Speaker, Thomas Tayebwa, heeded the Attorney General’s advice, emphasising the importance of adhering to legal procedures.
Tayebwa underscored the need for caution, stating, “A committee cannot order demolition. Have we have become court?”
The Attorney General, Kiryowa Kiwanuka, expressed apprehension over the findings of the committee, which highlighted criminal cases and a multitude of disputes currently before the courts.
Kiwanuka stressed the risk of prejudicing the legal process by debating a report on a matter that is subjudice. He stated: “To debate a report of this nature is not a good idea because you would actually prejudice the rights of parties who are in court.”
In response to these concerns, Tayebwa emphasised the importance of obtaining further information and guidance before proceeding. He highlighted the need for the Speaker’s letter confirming that the matter is not subjudice, suggesting collaboration with the lands minister to gather essential facts.
