One might ask, why would anyone stand between road projects such as Kibuye,-Busega-Mpigi Expressway which is going to significantly improve transport to south and western Uganda, and cut traffic on the busy Masaka road! The four-lane expressway project is one of the road projects that were lined up for construction eight years ago.
The story of an aggrieved land owner at almost the tail-end of KBM mirrors some of the challenges that hinder UNRA’s delivery on time.
Mr Deo Mabikke of Lungala in Mpigi towns is a reflection of what might be going on in other parts affected by the highway, or, his story could be just unique.
For every road UNRA builds, there are people who celebrate the change in their economic fortunes because by all standards, the roads agency has compensated that group of people. However, there is also another group that feels cheated. Some of these grievances could be legitimate, while others might be selfish and driven by greed.
These concerns are usually reviewed to see where UNRA made mistakes and they are addressed.
There is however something different in Mpigi.
Deo Mabikke of Lungala village in Mpigi town council, has stuck to his guns, and vowed that he will not allow UNRA to build the 23km Kibuye-Busega-Mpigi (KBM) express highway through his land unless he is fully compensated. Mabikke is one of the many people. almost occupying 12km, who have not been fully compensated despite the project being due for construction works.
He says he will not accept the roads agency to utilise his land this time round, after they failed to pay him for the Masaka road expansion more than eight years ago, yet they built the road through his land, and now, are back wanting another piece of land with unfair valuations.
“Kibuye-Busega-Mpigi (KBM) will be built over my dead body,” said Mabikke who accuses UNRA of cheating him twice on two different road projects.
Mabikke has exchanged correspondences with UNRA demanding fairness but they have not come to fruition.
In 2018 Mabikke renewed his battle to regain what belonged to him. It was when National Water and Sewerage Corporation (NWSC) dug through land it said was a road reserve. Mabikke penned a letter dated 27th March 2018 to NWSC threatening to sue the water agency if they went ahead and used his land.
“I am a registered proprietor of Block 89 Plot 60 at Lugala village,” he explained. “Sometime back in 2013 when Uganda National Road Authority (UNRA) was expanding Nsangi-Kamengo-Masaka road, my land was affected and a portion of it was utilized.”
Mabikke was born and raised in Lungala in Mpigi and has lived there for the last 40 years. He informed NWSC that Cowl, an agency UNRA contracted to compensate claimants, did not pay him despite several checks and reminders.
The frustrated Mabikke says he equally walked into UNRA offices but “officials were reluctant over the complaint”.
After walking between Cowl and UNRA for four good years, Mabikke returned to Lugala and rested his case.
He however remained aggrieved that he was deprived of his “natural and constitutional right to own property”. He told NWSC to back off his land and find some other to utilize unless he is compensated.
Since UNRA was copied in the letter, on 19th April 2018, Mr William Matovu, director Roads and Bridges Development responded to Mabikke thus:
“refer to the above subject matter and your letter dated 27th March 2018. As you may be aware, it is one of Uganda National Roads Authority legal mandates to expropriate land for road construction. As such we wish to inform you that the above described property was affected by the Kampala-Masaka road right of way at chainage 29+325 on the right-hand side. The property has since been assessed and a compensation award approved by the chief government valuer under reference number LO\RHS\NSG-KMG\073…”
In this letter Mabikke was asked for an original title, 10 passport photos, copy of ID, active bank statement and LC1 chairman introduction letter.
Mabikke says all these things he submitted as requested and has not been compensated because he is demanding compensation at current value, yet UNRA wants to pay him at the rates of 2013 which he finds unfair.
Unfortunately, Mabikke’s original title is still held at UNRA and he is worried something sinister could happen to it.
“How can I trust people who have made me suffer like this? I now want my residual title back. I don’t know why they are still holding onto it after more than three years! They told me I would have it after three months, a time of which I would also be compensated. I don’t know what happened in three years.” Mabikke said.
In 2013, when old Masaka road was under expansion, Mabikke says, the road was extended through his plot. He was requested to submit a list of items before he was compensated, however, UNRA did not pay him till date, despite hundreds of times and letters he has written to their offices.
When the new road project came (KBM), Mabikke’s land was again affected. When he raised complaints of non-compensation for the old road project, he says, officials at UNRA wanted to compensate him ONLY at valuation of 2013 which he blatantly rejected.
“I will not allow this new road to pass through my land without compensation. They are being intentional,” Mabikke said.
UNRA said they have visited Mabikke several times, but, say, he is being stubborn.
“We asked him to get a private surveyor to open boundaries for himself and we compare the valuations, but he still refused the option,” Juliette Oyella, Manager in charge of land acquisitions, told Watchdog in an interview.
Ms Oyella promised to revisit Mabikke’s case to study why he was never compensated for the Old Masaka Road.
“If the problem is on our side, we shall revalue him and compensate him at current rates. If the delay was on his side, there is little we can do,” Ms Oyella added.
However, Mabikke accuses UNRA managers of covering up for the mistakes of their colleagues who surveyed and designed the road. Claims, this website is still investigating, include collusion amongst UNRA officials and associates to buy land in areas this road project was designed to pass.
This not only presents conflict of interests, but also, Mabikke says he fell victim.
“When they were subdividing the land, they removed things from my land including the family graveyard and cultural trees and put them in the next plot which belonged to their associate to raise its value.
Mabikke says when he protested this move, they brought charges against him, as people emerged claiming his land who he knew nothing about.
“They wanted to create a crisis to justify why I should not be compensated, but I still defeated them because I had my papers in order.”
However, Oyella says they have responded to Mabikke’s complaints. However, she says she doesn’t know why he has not accepted the offers on the table.
Mabikke however swears that he will not be arm-twisted to accept an unfair offer from UNRA.
He says, “Already, I have received some payment from some plot because my mother was sick and I was hard pressed.”
Mabikke says UNRA still does extra encroachment on his land, yet they have not revised his claims. He says he wants separate compensation for KBM and Kampala Masaka roads, which he emphasizes are two separate roads projects.
“Is asking for what is due to me equivalent to being unreasonable?” Mabikke asks.
UNRA has already announced that this November, construction works on the Busega-Mpigi expressway project is expected to begin.
The contract was awarded to a consortium of Chinese companies, and UNRA has confirmed that the contractor is setting up camps, identifying suitable quarry sites and bringing in equipment as well as sourcing materials and organizing labor force.
KBM has been subjected to a number of hindrances including short supply of funds and procurement of a suitable contractor.
Last year, there were allegations that the bid documents submitted by the former contractor were not in line with the bidder’s name and where the company is registered.
The Inspector General of Government, Justice Irene Mulyagonja, therefore directed the Public Procurement and Disposal of Public Assets Authority (PPDA) to investigate the procurement process and later PPDA indicated in their report that there had actually been inconsistencies in the bidder’s documents. This led to termination of the contract and appointment of a new contractor.
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