A multi billion gravity scheme water project on River Kahengye in Rukungiri District has stalled over bitter rivalry over land rights during the sale of a piece of land.
The disagreement stems from the sale of a piece of land along River Kahengye in Kabingo, Kebisoni sub county which is at border between Rukungiri and Ntungamo districts.
The Ministry of Water and Environment with funding from the World Bank, is to construct a Shs 44 billion water project tapping water from Kahengye River between Rukungiri and Ntungamo districts to Rwerere Town Council on the border with Kanungu District.
The project is expected to supply to supply two lines of gravity water one going to Karuhembe in Kebisoni while another will supply water to urban centres of Kebisoni, Buyanja, Rwerere, Nyakagyeme and Rukungiri municipality.
The family of the late John Johns Biretwaho was hand picked to supply the needed piece of land by Rukungiri Municipality authorities and a sale agreement was entered into by one Morris Agaba purportedly working on behalf of the Biretwaho family and the Municipality without the consent of the whole family.
However, Rukungiri Municipality which sought the project was mandated to procure land where a water treatment facility would be constructed.
It is alleged that Municipality authorities connived with Mr Agaba and agreed to sell the land measuring about 5 acres at Ushs 47 million after considering it as a customary land yet the said land is freehold land with a title on Plot 46 block 56.
Now another member of the family, Mr Moses Biretwaho has contested the sale claiming that his brother acted in bad faith when he agreed to sell off family land basing on customary basis which attracted low cost yet it can bring in more money if it is considered as freehold.
Mr Moses Biretwaho insists his family’s land that will be used in the development of the Kahengye- Rwerere water project has first compensate by government before the project starts.
He has also asked Rukungiri Municipality to avail the family with land valuation rates on which the sale agreement was based on since they claimed that the price was reached upon after the government valuer valued the land. However, this seem to have been not the case because the Municipality authorities have since failed to produce the valuation rates.
Mr. Biretwaho also claims that Rukungiri Municipality as a government institution did not follow the procurement rules by advertising the procurement of the said land to attract competition of competent bidders to supply the land but they just zeroed on their land and grabbed it.
When contacted about the matter, Rukungiri Municipality Water Officer Deus Byamugisha agreed that they dealt with Mr Morris Agaba who assured them that the land in question was customary and they went ahead to agree on the sale.
Mr Agaba has conversely refused to talk to this reporter saying that the issue was family affair.
A total of 6000 households are expected to benefit from the project and it was contracted to TECHNO FAB Engineering company Ltd to execute the civil works.
Instead, Mr Biretwaho says he has no problem with project going forward but disagrees with the sale of the family land not being renegotiated well so that the family can get value for their property.
He has since instructed his lawyers to institute a statutory notice to sue Rukungiri Municipality if they do not allow the new negotiations where all family members are represented and sale agreement based on freehold entity.
In March this year, the Rukungiri District chairperson, Mr Charles Byabakama, assured officials from the Water and Enviironment ministry that the project will be protected from encroachers, a concern raised by the ministry that many would-be beneficiaries may want to harm the project if water does not reach them.
The multi billion water project is expected to be launched by President Yoweri Museveni on 5th January 2017, at the site in Kahengye Rukungiri district, but the family members have threatened to peacefully demonstrate if their land rights are not considered for redress as Museveni visits.
By Patson Baraire +256 772 646657 /baraire.patson82@gmail.com
