KAMPALA, Uganda: In what is shaping up to be a dramatic showdown between the Office of the Director of Public Prosecutions (ODPP) and Uganda’s highest court, the Supreme Court finds itself under intense scrutiny following what the DPP describes as an “out of order” and procedurally flawed hearing in the criminal appeal case ofKamoga Muhamadi vs. Uganda—Criminal Appeal No. 0138 of 2024 and Application No. 002 of 2025, The Investigator writes.
At the centre of this legal storm is Hajji Muhamadi Kamoga, a controversial property mogul and proprietor of Kamoga Property Consultants, whose name has been mired in a web of land fraud accusations for several years. While his appeal to the Supreme Court aims to halt a retrial ordered by the Court of Appeal, prosecutors argue the process leading to a possible ruling has been fundamentally compromised.
A Hearing in the Absence of Justice!
The ODPP has expressed outrage over the Supreme Court’s decision to proceed with hearing Kamoga’s application on May 29, 2025, a date that coincided with the Annual Prosecutors Symposium (APS) held between May 26th – 29th, and followed by the ODPP team-building day on May 30th. The symposium, an essential annual gathering for prosecutors nationwide, had been formally approved by the Chief Justice himself, effectively halting all criminal prosecution activities during that period.
Despite this suspension, the Supreme Court reportedly proceeded to hear theCriminal Application No. 002 of 2025ex parte. This stance, without representation from the prosecution or the state attorneys. In a scathing letter dated June 11, 2025, addressed to the Registrar of the Supreme Court and signed by Nabaasa Carolyn Hope, the Principal Assistant DPP, prosecution slammed the court’s action, calling it “anomalous,” “vague,” and “an abuse of court process.” The DPP has since quashed all proceedings and orders issued by the Court on that date, demanding a fresh and procedurally sound hearing of the main appeal.
DPP’s Letter… A Direct Protest
The DPP’s communication to court, now a public document, outlines clear objections to what it perceives as manipulation of the justice process by Kamoga, through his legal counsel of M/S Kasingura-Tindyebwa & Co. Advocates. “Unfortunately, the said miscellaneous application was heardex parteon the 29th of May, 2025, in the absence of the respondents’ representatives who were attending the Annual Prosecution Symposium (APS) with permission of the Chief Justice,” the letter reads.
The DPP further condemned the appeal and the related application as “frivolous” and “a tactical abuse of the court process,” meant to stall a legitimate retrial ordered by the Court of Appeal. Calling for an urgent and formal hearing of the case, the DPP requested the presiding judge to reopen the matter and grant the State an opportunity to respond before any ruling is delivered. A copy of the protest letter was also addressed to Hon. Justice Monica Mugenyi, Court Administration Justice of the Supreme Court.
Kamoga’s Legal Troubles Run Deep
Beyond the courtroom intrigue, the controversy surrounding Hajji Muhamadi Kamoga runs deeper into Uganda’s longstanding land wrangles. Often accused of being a kingpin in property fraud and land grabbing schemes, Kamoga is linked to a series of criminal allegations including forgery, fraudulently acquiring land titles, unlawful evictions, and malicious damage.
Among the most damning accusations is the alleged forgery of land transfer forms on May 7th 2021, in Wakiso, involving land on Block 435 Plot 8 where, he is said to have forged the signature of one Bibangamba Peter to falsely obtain ownership of multiple plots. Kamoga is also under investigation for the utterance of false documents, which he allegedly submitted to the Registrar of Titles to cement his fraudulent claims.
To this end, the DPP links him to over 105 disputed plots in prime areas such as Bukaya and Garuga, as well as several complaints that have been raised by affected landowners, including Nabyonga Harriet, who accuses Kamoga of maliciously destroying her property and forcefully evicting her from the land she legally owns.
The Growing Public Pressure
The controversial Supreme Court hearing and the perceived special treatment accorded to Kamoga have sparked outrage among sections of the public and civil society watchdogs, who see this as a litmus test for Uganda’s justice system.
“This sends a chilling message to all victims of land fraud,” said one anonymous legal analyst. “If due process can be bypassed at the highest level of court, what hope do ordinary Ugandans have?” Meanwhile, the Office of the DPP has vowed not to back down, insisting that no ruling should be delivered in the matter until their side is fairly heard, as guaranteed under Article 28 of the Constitution on the right to a fair hearing.
And What Next?
With the ball now firmly in the Supreme Court’s ground, all eyes are on how it will respond to their collegue in service, the DPP’s formal protest. Legal experts warn that should the court proceed to deliver a ruling based on the exparte hearing, the legitimacy of its decision could be challenged, possibly leading to a judicial review or even a constitutional petition. Until then, the case of Kamoga Muhamadi vs Uganda remains not just a legal battle, but a litmus test for transparency, accountability, and fairness in Uganda’s criminal justice system.
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- Mr. Daniels N. Tatya is an affluent Sports Writer, Commentator and Editor. His over 15 years of covering almost major sporting events makes him a revered and an authority on investigative Sports journalism in Uganda. He can also be reached via [email protected] +256(0)758268315
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