Kampala Advocate and Two Others Convicted for Land Fraud in Buganda Road Court

July 5, 2023

Kampala City-based advocate Kenneth Kwesiga Bateyo, along with businessman George William Salongo Kagwa (also known as Bonny) and land broker Chrispus Sali, faced conviction in the Buganda Road Chief Magistrates Court on multiple charges. The charges included obtaining money by false pretense, forgery of a sales agreement, procuring the execution of documents by false pretense, and conspiracy to commit a felony.

Former Buganda Road Chief Magistrate Sarah Tusiime, now serving as Deputy Registrar, presided over the case and found the accused guilty based on compelling prosecution evidence that established their involvement in defrauding Rashid Ndaula.

Court records revealed that on June 28th, 2019, the defendants knowingly and fraudulently presented a false sales agreement for a land parcel in Lubowa, Wakiso District (Block 269, Plot 1349) to Ndaula with the intention of selling it to him. Additionally, they forged a land title for the same property and presented it to Ndaula.

The prosecution successfully argued that, on the same day, the defendants obtained UGX 330,000,000 from Ndaula by deceitfully claiming to sell him a 0.57-hectare plot on Block 269, Plot 1349, in Lubowa, Wakiso District. The court affirmed that Ssalongo Kagwa introduced the first prosecution witnesses, Noah Feki and Stephen Onyango, to the fraudulent transaction. Kagwa facilitated meetings at the office of Counsel Bateyo Kwesiga, where Bateyo agreed to prepare the agreement for a fee of UGX 50,000,000, putting his law firm’s reputation at risk.

While Bateyo was acquitted of counts related to forging a land title and creating a false document, he received convictions on nine other charges, including uttering a false document and forgery of a land sale agreement. Bateyo consistently professed his innocence throughout the proceedings, stating that he was approached by clients seeking professional drafting services for the sales agreement and had no prior knowledge of the involved parties. However, the Chief Magistrate determined that there was evidence of a shared intention among all the accused prior to the transaction.

Irene Achieng, also known as Frazer Asunta Lubanga, who claimed to be the landowner, was initially charged alongside the convicted individuals. Achieng previously pleaded guilty and received an eight-year sentence for multiple offenses. The prosecution urged the court to consider the meticulous planning and premeditation involved in the crime, the impact on the victim, and Bateyo Kwesiga’s position as a law enforcement officer during the forthcoming sentencing process.

The sentencing is scheduled to take place this afternoon, while the convicted individuals remain in Luzira Prison.

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