Court Resolves 23-Year Bujagali Hydropower Land Compensation Case
On January 6, 2026, the High Court in Jinja delivered a landmark ruling in a 23-year-old land compensation case related to the Bujagali Hydropower Project. Justice Joanita Bushara ruled that the government lawfully acquired the land for the construction of the hydropower project, effectively ending the prolonged legal battle.
The case was initiated in 2002 by Richard Kafumba against the Attorney General, the Uganda Land Commission, AES Nile Power Limited, and Bujagali Energy Limited. Kafumba and other residents of Budondo in the Bujagali area claimed they 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.
Background of the Case
The Bujagali Hydropower Project, located along the River Nile, was a significant infrastructure development aimed at addressing Uganda's energy needs. However, the project faced numerous challenges, including disputes over land acquisition and compensation for affected residents. The plaintiffs argued that their constitutional rights were violated due to inadequate compensation and the manner in which the land was acquired.
Legal Findings
In her ruling, Justice Bushara found that the government had adhered to the legal procedures for land acquisition and that the compensation provided was in line with constitutional and statutory requirements. The court determined that the plaintiffs failed to provide sufficient evidence to support their claims of unlawful deprivation and inadequate compensation.
Implications of the Ruling
The resolution of this long-standing case sets a precedent for future land acquisition and compensation disputes in Uganda. It underscores the importance of adhering to legal procedures and ensuring that affected parties are adequately compensated in accordance with the law. The ruling also highlights the judiciary's role in addressing complex land disputes and providing clarity on property rights and government obligations.
Reactions
The decision has elicited mixed reactions. While some view it as a vindication of the government's actions and a step towards legal certainty, others express concerns about the adequacy of compensation and the broader implications for land rights in Uganda. Human rights organizations and land rights activists emphasize the need for transparent and fair processes in land acquisition to prevent future disputes and ensure the protection of citizens' rights.
As Uganda continues to pursue infrastructure development projects, the lessons from the Bujagali case serve as a reminder of the critical balance between development objectives and the rights of affected communities.
