The Land Probe Commission chaired by Justice Catherine Bamugemereire faulted David Kyasanku and political leaders in Jinja for not carrying out due diligence when they permitted Birus Properties Services Limited to evict tenants and later demolish the building.
Kyasanku, currently the Kasese Town Clerk was appearing before the Lands commission of inquiry over his role in the demolition of a building formerly located on Plot 60/62 Alidina Road in Jinja.
The Commission chaired by Justice Catherine Bamugemereire faulted Kyasanku and political leaders in Jinja for not carrying out due diligence when they permitted Birus Properties Services Limited to evict tenants and later demolish the building.
The Commission possesses documents indicating that Kyasanku and politicians in Jinja handed over the building within 48 hours after Simpson Birungi, the Managing Director of Birus Properties, had claimed ownership of the land on which it was situated.
Kyasanku later admitted that he did not take any due diligence when he received documents from Simpson Birungi. It turned out that demolished building still had a running lease of 99 years to Uganda Land Commission and therefore the council had no right to revoke the lease.
It also turned out that the land title that Birus Properties presented to authorities in Jinja had been cancelled by the Ministry of Lands in Kampala.
Justice Bamugemereire and other Commissioners suspect that Kyasanku and the politicians in Jinja were bribed by Simpson Birungi. She adds that Kyasanku should be held liable for hastily calling a meeting that resolved to hand over the building.
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Efforts by Kyasanku to claim that part of the building had to be demolished for construction of the new Jinja Central market were dismissed by commissioners on grounds that the market was completed in 2014 yet the building in contention was demolished in January 2015.
Kyasanku also claimed that the building was one of the eight buildings that had been condemned.
He remained speechless after Commissioner; Mary Oduka asked why other condemned buildings have not been demolished.
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Kyasanku narrowly escaped being arrested going by the way he was answering questions. He was however let go but with a warning from Lady Justice Bamugemereire.
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Kyasanku still has to explain how he and district land board decided to grant free hold lease to an Asian investor who bought government land from a surveyor in Jinja. He also has to explain why they allocated Jinja hospital's mental unit to a politician who has since turned it into a night club.
Meanwhile the Commission learnt from the Jinja District Physical Planner, Charles Mpendo that Birus Properties has never applied for an occupation permit yet it already has tenants in the commercial house they constructed after demolishing the government buildings.