Courtroom Clears Path For Justice In Forgery Case

The Supreme Court has cleared the path for the criminal prosecution of Kampala-based land broker hajji Muhammad Kamoga, over allegations of forgery and fraud related to a contested 200-acre land deal in Garuga, Wakiso District.

In a ruling delivered by Justice Monica Mugenyi, sitting as a Single Judge, the apex court dismissed Kamoga’s application for an interim order that sought to halt the proceedings at the Entebbe Chief Magistrate’s Court, effectively allowing the case to proceed.

Kamoga, who runs Kamoga Property Consultants, had petitioned the court to stay the criminal proceedings, citing a pending civil suit over the same land dispute before the High Court. However, Justice Mugenyi ruled that continuing the criminal case would better serve the interests of justice.

“I am unable to discern any travesty of justice that an interim order of stay would seek to deflect. The ends of justice are better served by the expeditious prosecution of the criminal case,” she stated in her judgment.

The charges stem from Kamoga’s alleged fraudulent acquisition of land located in Bukaya and Bugoba villages, under Katabi Town Council, land which is claimed by businessman Peter Bibangamba.

In September 2023, Kamoga was charged with forgery, uttering false documents, and obtaining registration by false pretence. However, in November 2023, the High Court stayed the prosecution, citing the civil suit as a potential legal conflict.

That decision was successfully challenged by the Director of Public Prosecutions (DPP) in the Court of Appeal, which held that the High Court had misapplied the law, particularly Section 209 of the Magistrates Courts Act, which governs civil and not criminal matters.

Undeterred, Kamoga turned to the Supreme Court, seeking an interim stay of execution pending his main appeal (Criminal Appeal No. 138 of 2024) and a related application (Criminal Application No. 2 of 2025).

In her ruling, Justice Mugenyi found that the High Court had acted outside its supervisory mandate by issuing a permanent stay, which contravened Section 17(2) of the Judicature Act, designed to ensure the swift and fair administration of justice.

She further underscored that the prosecution of criminal matters lies with the DPP, and courts should only intervene where a fair trial is clearly not possible or the integrity of the judicial system is threatened.

“It has not been established before me that the applicant would not undergo a fair trial… or that the criminal justice system would be compromised by his prosecution,” she ruled.

The judge also clarified that Kamoga’s criminal trial would not prejudice the civil case and that he would have ample opportunity to present his defence, including claims that Peter Bibangamba voluntarily signed the disputed land transfer forms.

“The impending prosecution would not necessarily amount to a threat to the applicant’s right to a fair trial,but rather the commencement of a legal process by the constitutionally mandated office.”she noted

Representing Kamoga in court was lawyer Brian Kusingura Tindyebwa, while the Directorate of Public Prosecutions was represented by Chief State Attorney Happiness Ainebyoona.

With the Supreme Court’s decision, the Entebbe Chief Magistrate’s Court is now expected to resume criminal proceedings, putting one of Uganda’s most-watched land dispute cases back into motion.

Stay tuned for updates as the  story unfolds