Under international law, an agreement is legal only if the associated transaction is legal. On Tuesday October 28, 2008, President Mwai Kibaki dragged Kenya into Museveni’s long illegal campaign to give away Buganda land without authorization from Parliament, City Council or Baganda. Kibaki and Museveni signed a protocol that would give the Kitante Courts land on Yusuf Lule Avenue to the Republic of Kenya. However a prominent Ugandan historian told us that the public land in Mulago area, including the piece that Museveni gave away to Kenya, is owned by Buganda and only under lease to Kampala City Council, according to agreements made in the 1950s and before. The Kitante Courts land is currently occupied by President Museveni’s notorious and dreaded Chieftaincy of Military Intelligence (CMI) organization.
If Kenya takes up Museveni’s offer, then she will be joining what many Baganda believe to be Mr. Museveni’s conspiracy to import and offer stolen Buganda land to so many foreigners that Baganda are overwhelmed and rendered too weak to fight back. Only last year, Museveni tried to take the Kitante Courts land for himself and his family by gifting it to one of his closest business associates, Sudhir Ruparelia but he dropped the transaction after it became too controversial. Mr. Museveni not only insists that Kampala is not part of Buganda but he is also pushing plans to expand it by at least 5 times in area.
A Muganda international law expert that we contacted explained that the legality of this transaction is tricky but it also smells corruption. “The smart thing for Buganda and others who may have an interest in this land to do would be to publicly register their opposition to the transaction. In particular they should petition the Kenyan government to desist from concluding this transaction ‘because the involved is stolen native lands’. And copies should be given to the UN Secretary General, members of the UN Security Council, Tanzania, etc. The question is, do Walusimbi and Makubuya have the spine to risk annoying Museveni?”
Kenya and Uganda are among the most corrupt countries in the world, according to Transparency International. Both Mwai Kibaki and Yoweri Museveni remain presidents in their respective countries thanks to massive election fraud that was proven in courts of law. And the presidents of the two countries, especially Uganda, are known to be surrounded by legendary corrupt officials. In Uganda, Mr. Museveni’s closest confidant, Patrick Amama Mbabazi is in the middle of a special investigation by Parliament where overwhelming evidence has emerged that he illegally sold his land to Uganda’s National Social Security fund so he could strengthen his own personal bank. Yes, his personal bank where his partners include the Governor of Uganda’s central bank Tumusiime Mutebire and the minister of finance Ezra Suruma.
There are not enough details on Museveni’s Kenya land giveaway yet to indicate if Mr. Museveni and Mr. Kibaki will personally benefit from the multimillion dollar transaction. It is also not clear if Kenya’s Prime Minister, Oginga Odinga, known to be friendly to Buganda, supports the controversial deal despite its potential to alienate Baganda round the world.
Kenya’s Government can be reached via the following government officials: gowuor@mfa.go.ke or mnyambura@mfa.go.ke or jbahemuka@mfa.go.ke. or kenrep@mweb.co.za.
