The High court has quashed the interdiction and criminal charges against Baker Mugaino, the commissioner for Land Registration, ruling that the directives issued by the Inspector General of Government (IGG) and subsequent actions by the ministry of Lands, Housing, and Urban Development were illegal, irrational, and procedurally improper.
In a ruling delivered on Tuesday, justice Collins Acellam of the Civil Division faulted the IGG for overstepping her mandate and violating principles of natural justice when she directed Mugaino’s interdiction and prosecution without due process.
The decision followed a judicial review application filed by Mugaino through his lawyer, Anthony Bazira of Byenkya, Kihika & Co. Advocates, challenging both his interdiction and abuse of office and corruption charges initiated by the IGG and enforced by the ministry’s permanent secretary.
Mugaino asked the court to quash the IGG’s letter dated April 23, 2025, which directed his interdiction, and the subsequent letter from the permanent secretary dated April 28, 2025.
He argued that he was never granted a fair hearing, that the accusations lacked specificity, and that the entire process breached the rules of natural justice. He further questioned the then IGG, Beti Kamya’s, authority to review land matters that were already before court, noting that several of the transactions under investigation were subject to ongoing civil suits.
Representing the attorney general, principal state attorney Wanyama Kadoli told court that the interdiction had already been withdrawn after a legal opinion issued on May 16, 2025, and that the attorney general would not oppose Mugaino’s application.
The IGG, represented by Mary Mugala, did not file written submissions despite having previously denied all allegations in an affidavit. In his ruling, Acellam found that the IGG’s actions were tainted by procedural impropriety and showed a disregard for lawful court orders.
He noted that while the IGG is empowered to initiate criminal proceedings, she acted beyond her mandate by interfering in matters already pending before the court. The judge also faulted the IGG for proceeding with prosecution in the Anti-Corruption Division of the High court despite a subsisting court order dated May 5, 2025, halting such action.
“The charging and prosecution of the applicant by the 2nd respondent in the Anti-Corruption Division was deliberate and in contravention of the law,” Acellam ruled.
“Court orders are not mere technicalities to be ignored.”
Acellam further observed that there was no evidence Mugaino was accorded a fair hearing or that he had been served with properly framed charges before his interdiction.
He consequently quashed both the IGG’s directive and the permanent secretary’s interdiction letter, issued orders of prohibition and a permanent injunction restraining further implementation of the interdiction, and awarded Mugaino Shs 50 million in general damages for abuse of power.
He also ordered the quashing of criminal charges filed against Mugaino on June 4, 2025, after the court’s interim order was already in effect.
“The peculiar circumstances of this case persuade this court to award some damages to the applicant arising out of the blatant abuse of power and total disregard of the law,” the judge stated.
Mugaino was arrested in June 2025 by detectives attached to the Office of the IGG on charges of corruption and abuse of office, and later remanded to Luzira Prison by chief magistrate Rachael Nakyaze.
The IGG had accused him of arbitrarily cancelling land titles belonging to Tropical Bank, Gerald Akugizibwe, and Namayiba Park Hotel, located in Kisenyi, Kampala. The land in question comprised Kibuga Block 12, Plots 658, 659, and 665.
He was also accused of neglecting his duties under Section 88 of the Land Act in relation to a land complaint involving the same properties, allegations he consistently denied.
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