Hajji Abdul Kiyimba and his son Hamuza Kiyimba in court

City businessman Abdul Kiyimba and his son Hamuza Kiyimba have been charged with incitement to violence by the Law Development Centre court.

On Monday, the two appeared before the grade one magistrate Martins Kirya and denied the charges. The court heard that Kiyimba, the former mayor of Kyengera Town Council on November 24, 2023, in Old Kampala Parish Central Division, Kampala district, with the intent to intimidate and annoy, incited violence against the Mufti Sheikh Shaban Ramathan Mubajje during the Juma Prayers at Gadaffi Mosque.

According to the prosecution, 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 in for prayers could rise and attack him for having allegedly sold Muslim land.

Through their lawyer,  Swabur Marzuq Abdul, they applied to be released on bail. Swabur argued that his clients are innocent and that Kiyimba is of advanced age with responsibilities in the community and he has ill health as well as substantial sureties. 

The prosecution objected to the bail application on grounds that Kiyimba would interfere with investigations. In his ruling, Kirya granted the accused persons bail and ordered each of them to pay Shs 1 million cash – before warning them to remain peaceful while on bail or else their bail would be canceled.

The case was adjourned to January 29, 2024, when they will return for mention of their case. Kiyimba’s troubles stem from his involvement in protesting the November 16, 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 his Shs 18.9 billion.    

Kyabahwa sought compensation for land in Sembabule district. According to their sale agreement, Kyabahwa had paid Shs 3.5 billion 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 and sought Shs 18.9 billion 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 unfavourable judgments from the High court, allowing execution orders to attach their properties for recovery, even amidst pending appeals in the Court of Appeal.

Kiyimba was arrested by the security personnel who were deployed at the Old Kampala Mosque as he and other people were protesting an advert for the sale of Muslim property where he 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 are now set for sale within 30 days.

Source: The Observer

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