DPP withdraws charges against Hajji Kiyimba in UMSC property saga

Kampala, Uganda | THE INDEPENDENT | The Director of Public Prosecutions, Jane Frances Abodo has withdrawn charges of inciting violence against businessman and politician Abdul Kiyimba and his son Hamuza Kiyimba before the Law Development Center Court.

The allegations against Kiyimba the former Mayor of Kyengera Town Council were that on November 24th, 2023 at Gadaffi Mosque Old Kampala Parish Central Division in Kampala District, with the intent to intimidate and annoy,  threatened to kill or injure one Zziwa Ashiraf and officials of Uganda Muslim Supreme Council-IMSC.

It was also alleged that on the same day, Kiyimba and his son incited violence against the Mufti Sheikh Shaban Ramathan Mubajje during the Juma Prayers at Old Kampala Mosque.

At that time, the prosecution indicated that Kiyimba did this by shouting or mentioning the words “Where is Mubajje? I want Mubajje” while advancing towards him (Mubajje) so that the Muslim congregations who were for prayers to rise and attack him for having sold Muslim land.

As a result, Kiyimba and his son were arrested and charged accordingly for the said crimes before they could be released on bail pleading innocence. But they kept reporting to court .

However, on Thursday when the matter came up for hearing before Grade One Magistrate Martins Kirya, the State Attorney Maureen Tusiime told court that the Director of Public Prosecutions (DPP) had signed a document withdrawing the charges against Kiyimba and his son.

“The DPP wishes to withdraw charges of threatening violence and inciting violence against A1 Abdul Kiyimba and A2 Hamuza Kiyimba. I pray to tend in the said nolle prosequi withdrawing the two charges of threatening violence and inciting violence,” said Tusiime .

Consequently, the Magistrate  Kirya was left with no choice but to endorse the withdrawal and go ahead to set Kiyimba and his son free unless held on other charges.

He also ordered that each be given a refund of the bail money.

Kiyimba’s troubles stemmed from his alleged involvement in protesting the November 16th, 2023 order by the Commercial Court Registrar Catherine Agwero in which she authorized businessman Justus Kyabahwa, to sell eight properties belonging to Uganda Muslim Supreme Council-UMSC so as to recover 18.9 billion Shillings.

Kyabahwa sought compensation for land in Ssembabule District. According to their sale agreement, Kyabahwa had paid 3.5 billion shillings to UMSC for the property. However, a dispute arose when Kyabahwa employed individuals without UMSC’s knowledge to forcefully evict squatters from the land, leading to destruction and subsequent legal action against UMSC by the squatters, a case still awaiting final judgment.

As a result, in June 2023, Kyabahwa sued UMSC for 18.9 million shillings in compensation, a move that UMSC says deprived them of an opportunity to defend itself adequately.

Despite expressing dissatisfaction and initiating an appeal, UMSC says it faced rapid and unfavorable judgments from the High Court, allowing execution orders to attach their properties for recovery, even amidst pending appeals at the Court of Appeal.

Kiyimba was then arrested by the security personnel who were deployed at the Old Kampala Mosque as he and other people were protesting an advertisement for the sale of Muslim property where Kyabahwa  wanted to recover his money following a fake land transaction.

The mob charged at Sheikh Mubajje and the UMSC leadership for mortgaging several Muslim community properties, which  at that time had been listed by for auction within 30 days before the Court of Appeal halted the sale process,  before President Yoweri Kaguta Museveni intervened.

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