Appraising the relationship between the law on land registration and land grabbing in Uganda: a case study of kayunga district

Abstract

Uganda’s legal framework governing land recognises four tenure systems namely customary, freehold, leasehold, and mailo. Theoretically, these tenure systems provide for security and effective land administration. They are, however, insufficient to eliminate all forms of land insecurity such as land grabbing and violent land evictions in Kayunga District. The study investigated the link between land registration laws and land grabbing in Kayunga District in central Uganda. The study identified and interrogated the challenges and opportunities in preventing and resolving land-related conflicts in the area of study. Theoretically, the study relied heavily on the Production Theory and Conflicts, and Property Theories. Methodologically, the study was guided by the interpretivist research philosophy and employed a cross-sectional qualitative case study design complemented by a doctrinal legal approach. The study established that Uganda’s land registration system was not specifically enforced due to institutional inefficiencies. Local communities perceived the registration process as both a potential safeguard and instrument capable of exploitation by the corrupt individuals and land market speculators. High transaction costs and complex procedures further marginalized vulnerable groups, especially women and customary landholders. Vivid contradictions between statutory and customary tenurial systems and the failure of courts and alternative dispute resolution mechanisms deepened tenure insecurity and conflict. The study revealed that while land registration in Uganda was intended to enhance tenure security, transparency, and fairness, weak enforcement, institutional failure, and corruption have instead transformed it into a mechanism that facilitates land grabbing and deepens tenure insecurity, particularly among vulnerable groups in Kayunga District. The study recommended that land governance be strengthened through legal and institutional reforms, including amending key land laws, integrating customary tenure, enforcing gender protections, improving valuation and acquisition processes, reviving District Land Tribunals, completing digitisation, tightening corruption controls, and safeguarding communal land. The study also recommended that non-legal measures such as parish-level legal literacy and community land monitoring committees be adopted to boost awareness, oversight, and protection against land grabbing in Kayunga District.