Makindye based Standard, Utilities and Wildlife magistrate Alice Molly Adong has set 06th March, 2026 as a date to deliver her ruling on the stay of the criminal proceedings against the twenty-four individuals who are accusing the Attorney General and National Environmental Management Authority (NEMA) of violating their human rights when they were being evicted from Lubigi and surrounding areas in Nansana Municipality Wakiso district.
The ruling resulted from an application filed by them through their lawyers led by Nasser Kibazo of Kibazo Associates and Yasin Ssentumbwe Munnagomba asking court to stay the criminal proceedings until court determines their human rights enforcement application filed in some court.
The lawyers based on Justice Paul Gadenya Walimbwa’s recent landmark judgement in which he declared that the magistrate is supposed to hold the criminal proceedings against the accused persons whenever human rights violation issues are raised.
Justice Gadenya set aside a decision where the Standard, Utilities and Wildlife Chief Magistrates Court magistrate Siena Owomugisha dismissed journalists Dickson Mubiru and Alirabaki Sengooba’s human rights application challenging their criminal prosecution on charges related to publishing without broadcasting license on grounds that there was no need to hear the application without the evidence showing that the accused person’s fundamental rights were violated.
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Gadenya guided that the magistrate is supposed to hear on merit the entire application before proceeding with the main criminal trial which lawyers Kibazo and Ssentumbwe based on to pleaded to the presiding magistrate to hold until determination of their human rights violation application.
NEMA lawyers put up a spirited fight challenging the staying of the criminal proceedings noting that no fundamental rights of the accused persons were violated citing Justice Emmanuel Baguma’s ruling on denying staying Dr Kizza Besigye, Obed Lutale’s application.
The magistrate stated that after determining the stay of proceedings, she will proceed to hear the main application concerning human rights violation which the accused persons filed against NEMA and the Attorney General
In their individual affidavit evidences, Prossy Namwima, Ruth Namuddu, Cissy Namawejje, Deborah Nakamya, Fred Mukulu, Ssalongo Charles Tibenkana, Musa Mwanje, Tadeo Ronald Mugume, Dorothy Nabakiibi, Annet Najjumba, Teddy Nabasenya, Honnah Katushabe, Diana Nakiganda, Jovial Ahimbisibwe, Blessing Kalungi, Noor Nakawesa, Sophia Kalule, Hoodu Kayondo, Deogracious Ntege, Julius Bagabe, Abdul Musanje, Madina Nantume, Kigozi Musoke and Gilbert Mwesigwa narrated how their human rights were violated during the evictions.
The applicants insist that the accused government agencies violated their rights including their right to a fair hearing which is under Articles 28 and 44, right to property under Article 26, right to practice any lawful trade or business under Articles 40 and 45, right to freedom of movement, assembly and association enshrined in Article 29, right to life and adequate standard of living or housing enshrined in Articles 22 and 45, right to freedom of religion and worship and association enshrined in Articles Article of the Constitution.
They want a court declaration that the actions of NEMA which were executed against them on 30th May, 2024, 10th June, 2024, 11th June and 17th June 2024 which resulted into their forceful eviction and demolition of their structures in Ganda Kawuwa, Kyebando Parish, Nabweru Sub- County, Nansana West II A zone, Ward, Nansana Municipality and Nabweru South, Cell I, Nansana Municipality all in Wakiso district purported to be a Lubigi Wetland was illegal because the respondents did not have a Court Order and did not comply with the due process as stipulated under sections 129-133 of NEMA Act.
They further want court to declare that the purported gazette of their land as wetland without a notice, hearing, or consultation, prompt and fair compensation infringed and violated their human rights as stated in the country’s supreme laws on the land.
Namuddu, one of the accused persons insist that the said land was not a wetland but it was part of Kabaka Ronald Muwenda Mutebi’s land and they were paying tenancy rent to Buganda Land Board.
“I lost everything including the chicken which you saw me carrying after the demolition of my home and commercial rentals. Now I’m homeless. I’m pleading for help from President Museveni,” Namuddu said.
