The government lawfully acquired the land for the construction of Bujagali Hydropower Project, the High Court in Jinja has ruled ending a 23-year-old land compensation case. The decision, delivered by Justice Joanita Bushara, arose from a case filed in 2002 by Richard Kafumba against the Attorney General, the Uganda Land Commission, AES Nile Power Limited, and Bujagali Energy Limited.
Kafumba claimed that he and other residents of Budondo in the Bujagali area were unlawfully deprived of their land, crops, and developments to pave the way for the USD 790 million hydropower project without prompt, fair, and adequate compensation as required under Article 26 of the Constitution.
Through his lawyers led by Julius Galisonga of Strand Advocates, Kafumba asked court to declare the respondents trespassers, cancel their land titles, and award compensation at current market value together with damages. The case faced numerous procedural hurdles over the years, mainly arising from objections raised by the respondents.
At an early stage, the High Court dismissed challenges to Kafumba’s capacity to bring a representative action and objections to the inclusion of Bujagali Energy Limited as a party, ruling that the matter should proceed on its merits. However, the case stalled and remained unresolved for several years.
In 2015, the High Court dismissed the matter on technical grounds without addressing its substance. Kafumba appealed, and in 2021, the Court of Appeal overturned the dismissal, holding that constitutional claims may properly be brought by notice of motion and cautioning courts against disposing of constitutional matters on technicalities.
Bujagali Energy Limited, represented by lawyers led by Anthony Bazira of Byenkya, Kihika & Co. Advocates, appealed to the Supreme Court. In February 2025, the Supreme Court dismissed the appeal, upheld the Court of Appeal’s decision, and ordered that the matter be returned to the High Court in Jinja for determination on its merits by a different judge.
When the case resumed, the original court file was found missing and had to be reconstructed. During the hearing, the Attorney General and the Uganda Land Commission argued that the land was lawfully acquired for a public purpose, that compensation was assessed using rates approved by the Jinja District Land Board, and that Kafumba was offered compensation but declined due to dissatisfaction with the valuation.
They maintained that any dispute over the compensation amount should have been pursued through the appeal mechanisms provided under the Land Acquisition Act. AES Nile Power Limited and Bujagali Energy Limited submitted that they lawfully derived their interests from the government following compulsory acquisition and that there was no evidence of fraud or illegality to warrant cancellation of their titles.
Kafumba, however, insisted that the acquisition process was unconstitutional, arguing that government took possession of the land before paying compensation and that the valuation grossly undervalued his land and crops. In her ruling, Justice Bushara agreed with the respondents, finding that government complied with the law by assessing compensation, making an award, and offering payment.
She held that disagreement over valuation does not amount to a constitutional violation where the law provides a clear avenue for appeal, which the applicant failed to pursue. “The applicant has failed to prove that he was compulsorily deprived of his property without prompt, fair, and adequate compensation in violation of Article 26 of the Constitution,” Justice Bushara ruled.She further held that since the acquisition was lawful, AES Nile Power Limited and Bujagali Energy Limited obtained valid title to the land and could not be regarded as trespassers. The application was dismissed, with each party ordered to bear its own costs, given the lengthy history of the case and its public interest nature.
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