The High Court has quashed a directive issued by a State House official concerning disputed land near the Mulago roundabout in Kampala.
Last week, presiding judge Boniface Wamala ruled that Ms. Sandra Ndyomugyenyi, a legal officer at State House, lacked the legal authority to issue such orders. The judge noted that her directive contradicted previous court orders regarding the same land dispute, which the court could not permit.
“The directive allowing Dr. Ntwatwa Lule to use his land without any disturbance from other parties claiming interest unless the court pronounces otherwise contradicts this express order of the court and is outrightly illegal. The first respondent is not vested with powers under any law to alter, vary, or contradict a decision of a court of law,” Justice Wamala stated.
The court’s decision stemmed from a case where Pastor Daniel Walugembe sued Ms. Ndyomugyenyi and the Attorney General, challenging the directive she issued. Justice Wamala emphasized that a State House legal officer, even when convening an official meeting, does not have the power to make legally binding provisions, as this authority belongs to the legislature.
The judge further asserted that resolving disputes, rights, and interests between individuals is the mandate of the courts, as directed by the Constitution. The court learned that Ms. Ndyomugyenyi had convened a meeting, investigated the land dispute, reached her conclusion, and issued a directive that differed from previous court decisions.
“The first respondent (Ndyomugyenyi) implied that her directive carried the force of law and could only be varied if challenged in court; however, this position was not based on any existing court decisions over the dispute,” the judge noted.
Court records show that in 2019, the court dismissed a case with costs in which Dr. Ntwatwa and 99 others challenged Pastor Walugembe’s interest in the land, a decision that was neither appealed nor reversed. The court observed, “The worst-case scenario was in High Court miscellaneous application number 1710 of 2021: Walugembe Daniel Vs Attorney General and eight others, where the court issued a temporary injunction in favor of the applicant against the second respondent, restraining them from evicting or interfering with the applicant’s utilization or development of his kibanja.”
Justice Wamala has now issued an order preventing Ms. Ndyomugyenyi and any other government officer from enforcing the State House directive contained in the June 13, 2023 report, reasoning that any further enforcement of the directive would be illegal.
