Land Policy Reforms and Land Rights in Rural Uganda:

Focus on Kibanja as a Tenant Right in Ganda Society

MEI NAKAZAWA

Takasaki City University of Economics

The Land Act 1998 was enacted to strengthen individuals’ land ownership rights in Uganda.
It allows outsiders to own large amounts of land, thus limiting the amount of land available for
rural residents. This article examines historical changes in land policy, land disputes, and the
severe land shortage currently facing villagers in rural Uganda. In the research area, villagers
have exercised the kibanja. With kibanja, a farmer used to pay a small amount of rent to a land-
lord to engage in agricultural activities on that land for many years. After the 2000s, however,
the kibanja price soared due to a land shortage, on the back of large-scale land enclosure by
urban residents and a high population density. As a result, villagers could not afford to pay for
kibanja, or the expensive land rent, in rural areas. Thus, the kibanja price increase resulted in
substantial economic differentiation among residents in rural Uganda.

Key words: Economic differentiation, kibanja, land policy, land shortage, Uganda

1. INTRODUCTION

Large-scale land acquisition and investment are underway in agricultural sectors in developing coun-
tries, on the back of soaring food prices and the expansion of alternative energy. Sub-Saharan Africa,
in particular, faces large-scale land acquisition by multinational corporations and wealthy individuals
(Mabikke 2011; Matondi et al. 2011a; Matondi et al. 2011b; Demissie 2015). This continent-wide
phenomenon is also occurring in Uganda.
Uganda is one of the African countries subject to the Land Act 1998, which strengthens individual
land ownership rights and permits land privatization. The government introduced individual land
ownership for poverty reduction, wealth creation, and socioeconomic development (Owaraga n.d.), to
protect rural residents. To strengthen the land ownership rights of individuals and groups under the
Land Act 1998, individuals are required to register their land; however, this has been largely impos-
sible for rural residents, due to the high cost of registration (Mabikke 2011). As a result, wealthy
outsiders, urban residents, and/or multinational corporations register the land to obtain the title deed;
thus, Uganda faces an increase in large-scale land acquisition by multinational companies (e.g., Daily
Monitor 2015; Sjogren 2015).
Large-scale land acquisition has led to a shortage of available land for farmers. Seventy-eight
percent of the total population of Uganda live in rural areas, and many make a living through agricul-
ture (World Bank 2018). Land offers a means of production and subsistence for the majority of
people. However, when huge amounts of land are acquired by outsiders, farmers may fall into poverty
due to the lack of land available for cultivation. In this article, “large-scale land acquisition” is defined

Nilo-Ethiopian Studies 25: 1–14 (2020)

Copyright © 2020. Japan Association for Nilo-Ethiopian Studies

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2 Nilo-Ethiopian Studies

as that having a significant negative impact on the livelihood of rural residents (Oyama 2016).
Rural residents living in central Uganda obtain kibanja (pl. bibanja) to maintain a livelihood.
Kibanja, created to support a new type of land holding in Buganda during the British protectorate
era, still exists (mainly in central Uganda). A number of studies have reported on the historical back-
ground of kibanja. However, the role and contribution of kibanja to the livelihood of rural residents
from the past to the present has yet to be described in the academic literature.
This paper provides an overview of the historical transition of land policies based on a literature
survey, and clarifies changes in land ownership and land tenure types in the context of transitions in
land policy, as well as based on field survey findings. Also, this paper explores the role of kibanja in
the lifestyle and welfare of the rural residents of Uganda. This study based on intermittent field work
carried out over a 21-month period, from September 2013 to August 2019. I interviewed 64 house-
holds to take a census of the total population in research area. I also measured the land plots using a
global positioning system.

2. THE HISTORICAL CHANGES IN LAND POLICY IN UGANDA

2.1. Before the British protectorate era (~1894)

Nilotic people reside in the north and east of Uganda, while the Bantu can be found in central and
western regions. The Bantu people created four kingdoms: “Ankole kingdom,” “Buganda,” “Bunyoro,”
and “Toro kingdom.” This article focuses on Buganda, as the research area is located in Buganda ter-
ritory. This section mainly explores changes in land policy before the British protectorate era up to
the post-independence era in Buganda.
From the 7th to the 12th century, the Bunyoro-Kitara kingdom ruled over a vast territory that
included parts of southern Uganda, western Kenya, northern Tanzania, Rwanda, and Burundi
(ARKBK n.d.). The kingdom was a centralized royal system of power with an organized army
(Atieno-Odhiambo et al. 1977). Over time, the Bunyoro-Kitara kingdom declined in strength and
finally collapsed in the 14th century. After the fall of the Bunyoro-Kitara kingdom, four new king-
doms followed in succession: the Ankole kingdom, Buganda, Bunyoro, and Toro kingdom. Here, this
article focuses on Buganda.
Buganda was a small territory, with a king (Kabaka) who had little real power in the 14th and 15th
centuries. However, Buganda began a campaign of territorial expansion, instigating wars with other
kingdoms. During these wars, Buganda developed a centralized political system and a powerful,
well-organized military (Reid 2002: 3). By the turn of the 19th century, Buganda was the largest and
strongest kingdom in Uganda. The Kabaka granted fief, and the title of “chief,” to soldiers who had
contributed significantly to successful territorial expansion. Soldiers had a duty to collect taxes and
extract labor from farmers for the Kabaka. Royal smiths, cooks, and the holders of liturgical offices
were also granted fief, as a reward for service to the Kabaka, and given the title of chief. In this article,
individuals who received land as reward from the Kabaka are referred to as mutongole (pl. batongole).
Farmers had already been cultivating and developing the batongole’s land before the batongle were
given land by the Kabaka. Farmers refer to a plot of land as kibanja, which includes the cultivated
land as well as the house. Farmers were only required to pay an annual tax or provide labor to baton-
gole to hold their land in perpetuity.

2.2. Land policy in Buganda under the British protectorate era

In August 1894, the British government declared that Buganda was a protectorate of the Crown
(Otiso 2006), and kingdoms such as Bunyoro, Toro, and Ankole came under the control of the British
government. At that time, the British government decided that the existing local administration
would remain and began to govern the whole of Uganda indirectly. The eastern and northern parts
of Uganda had never been under the control of any existing kingdoms; thus, the British protectorate
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 3

introduced the chiefdom system to these areas. In 1900, the Buganda and the British government
entered into a treaty known as “The Uganda Agreement of 1900” (West 1972: 15; Nakazawa 2017).
The total area of Buganda was 196,000 miles (Fortt 1973). Land in Buganda territory was divided
into two types according to the agreement: land belonging to the British government (i.e., “Crown
land”) and land belonging to Buganda (i.e., “mailo land”) (Okuku 2006).
Roughly 9,000 square miles of the total land area of Buganda was placed under the administration
of the British government (Mukwya 1953). Crown land included waste and uncultivated land (West
1972; Rugadya 1999; Green 2006); the British government allowed the Buganda administration to
control some parts of this land. Fertile land, covering 8,958 square miles, was recognized as mailo
land. The Kabaka and his royal family received 958 square miles of mailo. The British government
decided to allot the remaining 8,000 square miles of land to the chiefs(1) and sought applicants for its
stewardship (West 1972: 17). At that time, individual land ownership rights were formalized by the
British government in Buganda under the mailo system. Sir Harry Johnston, the British special com-
missioner, expected 1,000 chiefs to each receive 8 square miles of mailo land. However, the number
of applicants was more than three times as large as anticipated: 3,650 chiefs applied for an allotment
(West 1972: 18–19). The Lukiiko (Buganda Parliament) was delegated to choose who was to receive
mailo land among the 3,650 chiefs. The Land Law of 1908 was enacted, and those who received mailo
land were recognized as mailo owners.
9,000 square miles of land belonged to the British government, and 8,958 square miles of land
belonged to Buganda. Land remaining 1,652 square miles was divided into a forest reserve and a
Christian community.

2.3. Farmers’ livelihood under the British protectorate

In Buganda, chiefs such as the batongole, bakungu, and bataka could be mailo owners following the
enactment of the Land Law of 1908. This land law permitted the transfer (sale, gift, or inheritance)
of mailo land by the mailo owner (Pratt 1960: 199); however, for the British government, this compli-
cated the calculation of the number of mailo owners.
This situation led to land disputes between mailo owners and the farmers who had originally lived
there. The relationship between the mailo owner and the farmer was not defined in the Land Law of
1908, and the law did not protect farmers’ rights. As a result, in some parts of Buganda, the mailo
owner required a high rent from the farmer, while in other parts, farmers were unilaterally evicted
from the land (Mukwaya 1953). To solve these land disputes between the mailo owners and the farm-
ers, the Busuulu and Envujjo Law was introduced in 1928. Busuulu refers to a type of ground rent: the
farmer paid a fixed sum of 10 shillings (Shs) to the mailo owner to use the land freely. Envujjo is a
tribute paid by farmers on the production of cash crops, of 4 Shs per acre for up to three acres (Fortt
1973: 71).
After the enactment of the Busuulu and Envujjo Law 1928, farmers who had originally lived on the
land were legally recognized. The term kibanja, which had previously meant “cultivated land and
home”, also referred to use and usufruct rights following the enactment of the Busuulu and Envujjo
Law 1928.(2) A farmer could continue to stay on mailo land by paying a small rent fee. In this article,
kibanja refers not only to the piece of land, but also to the tenant’s rights (depending on the situation).
A farmer who obtains kibanja is called a “kibanja holder.”

2.4. Changes in land policy after independence

Uganda became independent from the British protectorate on October 9, 1962, and Crown land
became public land, thus marking the end of relations with the British government. In 1967, when
President Milton Obote abolished the monarchical and chiefdom system, Buganda and the Kabaka
lost political authority. However, land ownership for mailo land remained in Uganda. In 1971, Idi
Amin assumed office as President and enacted the 1975 Land Reform Decree, in which all land was
reverted back to the state.
The decree abolished the land ownership rule of mailo, such that ownership of mailo land was
4 Nilo-Ethiopian Studies

converted into a leasehold of 99 years (Rugadya 1999; Lastarria-Cornhiel 2003; Okuku 2006); thus,
a kibanja holder was turned into a sublessee (Barrows and Kisamba-Mugerwa 1989). From 1975 to
1998, all land transactions were carried out based on the 1975 Land Reform Decree.
From 1962 to 1985, Uganda was in a state of political upheaval in the wake of a coup d’état, Amin’s
dictatorship, and the exclusion of foreigners. In 1986, President Museveni came into power. He
hoped to bring an end to the political confusion and began work on amendments to the constitution
to allow a rebirth of democracy, economic growth, and the rule of law (Moehler 2006). In 1995, a
new constitution was established.
Land rights were clarified in the new constitution, which stated that the land in Uganda belonged
to its people, and reinstated private land ownership. President Museveni reversed the 1975 Land
Reform Decree. A new law, the Land Act 1998, established four types of land-hold tenures: 1) cus-
tomary tenure, 2) mailo land tenure, 3) leasehold tenure, and 4) freehold tenure (Table 1). Customary
tenure is predominantly held by individuals or communities in accordance with customary law. This
type of tenure applies to 68.4% of the total land in Uganda (UBOS 2006), mainly in the northern-
most and easternmost parts. In this case, the period of ownership of land differed from that under
customary law.
Mailo land tenure was abolished by the 1975 Land Reform Decree and then revived in the Land
Act 1998. Individuals could apply for land tenure within the 8,958 squares miles of land recognized
as mailo land by the Uganda Agreement of 1900. Mailo land tenure has no term limit; thus, the
owner can sell mailo land tenure freely. An individual or company may apply to lease a portion of the
mailo land.
Under the terms of the Land Act 1998, only citizens of Uganda can register for freehold tenure,
i.e., permanent, absolute tenure of the land; multinational corporations can register only for leasehold
tenure. Individuals can choose the term, ranging from 49 to 99 years, and the leaseholder has the
option to renew the term. In addition, citizens of Uganda have the option to change from a leasehold
to a freehold tenure.
Article 29 of the Land Act 1998 states that the person who settles the land with the consent of the
registered owner is the “lawful occupant”; thus, a kibanja holder is a lawful occupant (Asiimwe and
Nolan 2000; Wabineno-Oryema 2014; Tumwebaze 2016). The Land Act also established that any
person who had lived for 12 years on land with an unknown owner, or on unowned land, would be

Table 1. Characteristics of individual land tenures

Customary tenure Mailo land tenure Leasehold tenure Freehold tenure
Period Depends on
Perpetuity Maximum of 99 years Perpetuity
customary rules
Land ownership Individual, Family
Individual Individual, Enterprise Individual
Community
Apply land
ownership by Impossible Impossible Possible Impossible
foreign enterprise
Percent of land
68.6% 9.2% 3.6% 18.6%
tenurein land area*
Convert Freehold Possible
Possible Possible —
tenure (Only Uganda citizen)
Issuing office of Traditional Department of Land Department of Land Department of Land
certificate Authority Registration** Registration Registration
*Source by UBOS (2006)
**Department of Land Registration in Ministry of Lands, Housing and Urban Development is responsible for
issuance of certificates of titles.
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 5

recognized as the “bona fide occupant” (Okuku 2006). A lawful occupant and a bona fide occupant
both have legal protection; thus, they can resist eviction by the registered owner.

3. OUTLINE OF THE RESEARCH AREA

The research area is “K village” in Lwengo district. K village is situated 200 km away from the capital
city of Uganda, Kampala, and is only 5 km away from the town of Lyantonde (Figure 1). Villagers
visit the town to sell agricultural products, buy necessities, and attend school. The altitude is about
1,250 m, and there are two seasons per year: the rainy season (enjura) and the dry season (ekyanda).(3)
In September 2016, there were 64 households, and the total population was 309 in K village. Of
these, 41 households were nuclear families, and 16 households had a female head of household. The
remaining seven households consisted of single men. K village has a multiethnic makeup, with the
following six ethnic groups represented: Ankole (57.3%), Ganda (27.2%), Kiga (9.7%), Rwanda
(3.8%), Toro (1.0%), and Fumbira (1.0%). Ankole and Ganda ethnicities comprise over 80.0% of the
total population of the village. The reason for this high proportion is that K village used to serve as a
boundary between Buganda and Ankole kingdom.

4. CHANGES IN LAND OWNERSHIP OF MAILO LAND AND CROWN LAND

AFTER THE BRITISH PROTECTORATE ERA

Crown and mailo land existed in K village during the British protectorate era. In 2016, eight indi-
viduals, most of whom lived in urban areas, had a title deed. Five individuals held three types of land
title in mailo land: two people (Mr. Tuma(4) and Mr. Gusta) had mailo land tenure, one (Mr. Tragenda)

Figure 1. The research area.

Source by author.
6 Nilo-Ethiopian Studies

Figure 2. Types of land tenure and boundaries among land owners in 2016.
Source by author.

had a leasehold tenure, and two others (Mr. Sumsung and Ms. Beti) held freehold tenure. Three
people (Ms. Kasabi, Mr. Salongo, and Ms. Maria) held leasehold tenure in former Crown land (Figure
2). This chapter will clarify the changes in land ownership based on interviews and data obtained
using a global positioning system (GPS; Garmin e-Trex20; Garmin, Ltd., Olathe, KS, USA).

4.1. Transition of mailo land in K village

During the British protectorate era, only three individuals owned mailo land, and there were also
chiefs, called batongole. In 2016, two areas of mailo land were inherited by a son and grandson.
Another area of the mailo land was purchased by an urban resident after independence, and he
obtained a leasehold that included mailo and public land (following the 1975 Land Reform Decree),
thus explaining the transition in mailo land ownership.
Of the land that makes up K village, 177 hectares was Crown land and 64 hectares was mailo land
during the British protectorate era. The 64 hectares of mailo land was divided into three parts, each
of which was owned by a different person (Figure 3). One of them is Mr. Kasaga, Mr. Tuma’s grand-
father. Mr. Kasaga was a soldier and contributed greatly in a battle at the Bunyoro border. The
Kabaka decided to give him the title of chief “mutongole” and 23 hectares of mailo land as a reward. In
the 1990s, Mr. Kasaga passed away and his grandson, Mr. Tuma, inherited 23 hectares of mailo land.
Two kibanja holders (Mr. Samsung and Ms. Beti) living on Tuma’s mailo land applied for freehold
tenure. Mr. Tuma received some money from two kibanja holders, who he permitted to register for
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 7

Figure 3. Land classification under the British protectorate in the late 1940s.
Source by author.

freehold tenure of a total of 4.7 hectares of mailo land. Mr. Tuma held the mailo land tenure for 18.3
hectares in 2016.
The second person, Mr. Magle, is the father of Mr. Gusta. Mr. Magle belonged to member of the
local administration of the Buddu and was a mutongole. He received 11 hectares of mailo land from
the Kabaka. Mr. Magle passed away in 1989, and his son, Mr. Gusta, inherited the mailo land, and
still owns 11 hectares.
The final person, Mr. Kiinba, was also a member of the local administration in the Kabula,(5) and a
mutongole. He owned 29 hectares of mailo land in K village. Mr. Kiinba transferred mailo land to his
daughter as an inheritance. In the early 1970s, the daughter sold her mailo land to Mr. Tragenda, who
managed a supermarket in Lyantonde district (formerly Rakai district). He expected to raise the land
price and approached Mr. Kiinba’s daughter with a proposal to purchase her mailo land. After buying
the mailo land, Mr. Tragenda also received permission to hold public land (formerly Crown land)
from the head of K village. He applied for leasehold tenure, including of mailo and public land, under
the 1975 Land Reform Decree. His wife inherited the leasehold tenure after Mr. Tragenda’s death
and continued to hold it as of 2016.

4.2. Immigrants in Crown land and the acquisition of leasehold tenure

In September 2016, only three individuals had leasehold tenure in the former Crown land. In this
section, I will explain how people received permission to immigrate into Crown land during the
British protectorate era, and when they applied for leasehold tenure.
Under the British protectorate, 177 hectares of land was recognized as “Crown land” in K village.
In the 1940s, plants and trees were abundant in the Crown land, providing dense vegetative coverage
8 Nilo-Ethiopian Studies

for predators such as lions. Thus, people preferred to live in the village to the opposite side of the
surrounding area.
In the late 1950s, a man called “Tagwela” traveled to K village from Rwanda with over 100 cattle.
He wanted to immigrate due to uprisings in Rwanda. Mr. Tagwela asked Mr. Magle for permission
to immigrate to the Crown land and acquire grazing land for his herd. At that time, the British gov-
ernment permitted the local administration to control waste and uncultivated land within the Crown
land. Mr. Magle had managed the Crown land around K village as a mutongole during the British
protectorate era. Mr. Magle granted use of unused Crown land to Mr. Tagwela, via a simple verbal
agreement; i.e., not a land right enshrined in law.
Mr. Tagwela received permission from Mr. Magle to use 103 hectares of Crown land. One of his
relatives from Rwanda also stayed to help manage the herd, 100 cows. After independence, Mr.
Tagwela continued to reside on the public land (formerly Crown land). He was eager to acquire a
leasehold tenure for the public land but needed to raise funds for the legal procedure. Thus, he sold
44 hectares of land to Ms. Kasabi, who worked as a lawyer in Kampala. Eventually, Mr. Tagwela
applied for the leasehold tenure for 59 hectares of public land.
Mr. Tagwela returned to Rwanda in the early 1990s and left his leasehold tenure in the care of a
relative. In 1998, Mr. Tagwela’s relative sold the leasehold tenure to Mr. Isac, who managed a super-
market in Kampala. Mr. Isac never visited K village; eventually, he sold the leasehold tenure to Ms.
Maria in 2010. Thus, Mr. Tagwela’s original holding of 103 hectares was divided into two parts as of
2016: one part went to Ms. Kasabi as a leasehold tenure for 44 hectares, and the other was given to
Ms. Maria as a leasehold tenure for 59 hectares.
As of 2018, Ms. Maria held a leasehold tenure for 247 hectares of land that covered part of K vil-
lage and the neighboring village. She uses the land as grazing land for her cattle. The cattle are
tended to by three men, because she lives in the capital city of Kampala. Ms. Maria has over 500 cows
and is interested in expanding the available grazing land. Thus, she has been in the process of buying
kibanja from a rural resident in K village since 2010. She bought kibanja from five households in
January 2017, giving her a total of 4.2 hectares of land. Villagers can potentially earn large sums of
money through the sale of kibanja; five households sold kibanja of 1.6 hectares to Ms. Maria in 2018.
However, some residents expressed dissatisfaction with the purchase of kibanja by Ms. Maria, because
such purchases exacerbate the severe land shortage for rural residents in K village.
Mr. Salongo moved to a neighboring village in the 1940s and requested grazing land, similar to Mr.
Tagwela. Mr. Salongo received permission from Mr. Magle to use 77 hectares of Crown land, which
covered parts of K village and the neighboring village where he lived. Mr. Salongo went through the
legal proceedings for leasehold tenure after the 1975 Land Reform Decree was enacted. As of 2016,
Mr. Salongo still held the leasehold tenure and continues to reside there with his wife and children.
He and his wife graze over 30 cows on their land.
In 2016, three individuals (Ms. Kasabi, Ms. Maria, and Mr. Salongo) owned a leasehold tenure in
former Crown land. None of them have ever rented a piece of land to villagers as cultivated land. Ms.
Kasabi does not utilize her land effectively, as evidenced by the enclosure thereof with fences. In
contrast, Mr. Salongo and Ms. Maria effectively utilize their land for grazing. Ms. Maria already has
a huge amount of land (246 hectares); however, she has begun to purchase kibanja from villagers,
which is one of the main causes of the land shortage in K village.

4.3. The relationship between land rights and land policy changes
After the Land Act 1998, three types of land tenure (i.e., mailo land tenure, leasehold tenure, and
freehold tenure) exist in K village. Mailo land tenure is limited to the 8,958 square miles designated
by the British protectorate; mailo land tenure cannot be applied to former Crown land. In K village,
only the batongole’s descendants held mailo land tenure before the Land Act 1998; after this law was
passed, kibanja holders living on mailo land could apply for freehold tenure if they were able to obtain
permission from the mailo land owner. Once permission was obtained, the kibanja holder had to go
through a legal procedure to acquire freehold tenure. For mailo land and the former Crown land in
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 9

Picture 1. Luxury residences constructed by the “upper class” residents of K village.

K village, four individuals (Ms. Kasabi, Ms. Maria, Mr. Tragenda’s wife, and Mr. Salongo) have lease-
hold tenure, also, they all have experience in applying for leasehold tenure under the 1975 Land
Reform Decree.
In K village, eight people hold one of the three types of land hold tenure, i.e. leasehold tenure,
freehold tenure, and mailo land tenure. Eight individuals obtained land tenure, of whom seven live in
urban areas where they manage supermarkets, practice as a lawyer, or manage large-scale pastures;
thus, this group comprises both urban residents and non-agricultural workers. These eight occupants
fenced in their properties and constructed luxury residences in K village (Picture 1). The land prices
of these properties are expected to increase over time.

5. KIBANJA AS A SAFETY NET IN RURAL SOCIETY

According to UBOS (2014), the population density in Lwengo district is 268 persons/km2, compared
to 173 persons/km2 for Uganda as a whole. The population density is 128 persons/km2 in K village.
However, as eight individuals hold tenure over a huge amount of land, six of whom do not permit the
land to be rented to villagers as cultivated land. Excluding the land enclosed by these six individuals,
the population density of K village is 372 persons/km2, higher than the average in Lwengo district
and Uganda. In several parts of Uganda, large-scale land acquisition is occurring, and many rural
residents have been evicted from their land (Daily Monitor 2015; New Vision 2019). In this section,
the role of kibanja will be explained, along with the problems resulting from a high population den-
sity, based on field research.

5.1. Livelihood of a kibanja holder

Kibanja can refer not only to the land plot itself, but also to tenant rights in Ganda society. People
can build a house and cultivate land on a kibanja freely. With cultivated land, it is possible to plant
perennial crops such as banana, coffee, fruit trees, among many others. Although people pay a small
amount of money to mailo owners, they can use kibanja for many years and contest evictions. At
present, kibanja holders receive legal protection. Under the Land Act 1998, a person who settles the
land with consent from the registered owner is recognized as a “lawful occupant.” A kibanja holder
thus corresponds to a lawful occupant, because they received consent from the registered owner, who
may be a mailo land owner. Also, a person that lives for 12 years on “owner unknown” land or
unowned land is recognized as the “bone fide occupant” by the Land Act 1998, and they can register
for freehold tenure without permission. The villagers in K village recognize individuals living in
owner unknown land or unowned land as kibanja holders.
10 Nilo-Ethiopian Studies

As of 2016, two individuals held mailo land tenure in K village, and 51 held kibanja for Mr. Tuma
and Mr. Gusta’s land (Figure 2). Twenty-nine people have kibanja on unowned land. There are a total
of 80 kibanja holders in K village. 39 kibanja holders are residents in K village, on the other hand, 41
kibanja holders live in the neighboring villages or towns. A kibanja holder can inherit kibanja through
the paternal line, and also change it to freehold status with permission from their mailo owner. In the
case of unowned land, the kibanja holder can begin the process of changing to freehold tenure at any
time. People living in the neighboring village also have kibanja in K village and engage in agriculture
therein. Kibanja holders pay 5,000 Ugandan shillings (UGX)(6) to Mr. Tuma and Mr. Gusta per year
to rent one plot. The Area Land Committee determines the rent cost,(7) which does not change with
the plot size. In the case of unowned land, the kibanja holder does not pay rent.
I measured the area of kibanja using an e-Trex20 GPS (Garmin). The minimum individual kibanja
area was 0.02 hectares of land, and the maximum was 8.4 hectares; thus, the area varied widely.
Thirty-nine households in K village had kibanja, and the other twenty-five cultivated family-owned
land or subleased part of a kibanja from the kibanja holder. Six households had kibanja under 0.1
hectare of land, and fifteen held kibanja of under 0.5 hectares. In total, 21 of 39 households occupied
a small kibanja (under 0.5 hectares), 5 households held a kibanja under 1 hectare, and 12 households
had a kibanja of less than 3 hectares. Only one household has an 8.4-hectare kibanja. Thus, there is
considerable land area inequality in K village.

5.2. The shrinking size and soaring price of kibanja land

In 2016, no unused land remained that could be cultivated as a new kibanja. K village is located near
a town; thus, there are a large number of immigrants. Recently, some kibanja holders sold part of their
kibanja because they could command a high price. For example, in 2014, Mr. Ibra was permitted to
immigrate to K village. At that time, Mr. Ibra bought 0.1 hectare of land from Ms. Rose, for which
he paid 500,000 UGX.(8) He walked around Lyantonde selling daily necessities; thus, he did not have
time to engage in agriculture. Mr. Ibra decided to sell half of his land (0.05 hectare) to a young man
for 380,000 UGX, which represents a high price despite the small size of the land plot (under 0.1
hectare).
In September 2017, I interviewed kibanja holders to determine the year in which they had pur-
chased the kibanja and the price they had paid, and learned that 18 households bought their kibanja
from 2000 to 2015. After 2010, no land over 1 hectare was traded; however, small plots (under 0.1
hectare) were often traded for a high price in K village. As a result of immigration, there is now a
severe land shortage in K village. The size of kibanja are shrinking due to the population increase, and
people cannot freely access land. With this land shortage, the price of land is soaring.

5.3. The increase in sub-tenancy in rural areas

The price of kibanja is soaring in K village and many of the new immigrants have insufficient funds
to buy a kibanja. In 2016, 11 households did not have a kibanja, and 10 of those households had
immigrated to K village after 2010. Many of them had subleased a part of a kibanja from other
kibanja holders and engaged in agriculture on these small holdings; in this article, these households
are referred to as “subtenants.”
For example, Ms. Hadija divorced her husband in 2007 and immigrated to K village. When she
started her new life in K village, she did not have the financial means to purchase a kibanja. Ms.
Hadija decided to sublease 0.2 hectare of a kibanja from a friend living in K village. However, she had
to pay 50,000 UGX as a subtenant fee for just one season. She could not afford such a large subten-
ant fee, and so moved away from K village in 2016. The kibanja holder can unilaterally decide on a
subtenant fee, which can fluctuate based on the relationship between the kibanja holder and
subtenant. In K village, the kibanja holder pays only 5,000 UGX per year to a mailo owner; however,
the kibanja holder can charge a subtenant a much higher fee, and can also earn a profit from the sub-
tenant’s rent.
While the kibanja holder can plant perennial plants, such as banana, coffee, and fruit trees, the
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 11

subtenant who lives on the same kibanja is limited solely to annual crops, such as maize, beans, and
Irish potatoes, by the kibanja holder. If the kibanja holder allows the subtenant to plant perennial
crops, it may result in a claim by the subtenant for residence and cultivation rights. Kibanja holders
fear this outcome; thus, they strictly prohibit the subtenant from planting perennial crops. Thus, the
subtenant is in an inferior position compared to the kibanja holder.
In the Land Act 1998, “subtenant” is not mentioned; thus, subtenants do not receive legal protec-
tion. A subtenant does not have legal recourse, even if the kibanja holder breaks the contract of the
sub-tenancy. Moreover, there are harsh conditions such as a high subtenant fee, crop limitations, and
unilateral eviction of subtenants. Some subtenants try to make money by selling farm products, and
often plan to purchase their own kibanja in the future. The high subtenant fees often serve as a barrier
to the purchase of their own kibanja by subtenants. If a subtenant cannot afford to pay the high fees,
they may move to another village. A large number of people have left K village due to the increase in
subtenant fees.

6. CONCLUSION

6.1. Land policy and land rights in rural society

In the late 19th century, the British government declared that Uganda was a protectorate of the
Crown and controlled it through indirect rule. The Uganda Agreement of 1900 had a significant
impact on land policy in Buganda (West 1972). Buganda received 8,958 square miles of land from
the British government, known as mailo land. Mailo land was distributed among the chiefs, who were
permitted to obtain individual land ownership. The system of individual land ownership for the
chiefs was often unfair to the tenant farmers, who paid high rents and frequently faced eviction. The
Busuulu and Envujjo Law 1928 was enacted to protect farmers’ rights. From this starting point, farm-
ers received legal protection and obtained kibanja as a tenant right.
After independence, the land belonged to the state under the 1975 Land Reform Decree.
Consequently, individual land ownership was converted into leasehold tenure; people could apply for
leasehold tenure of public land, including former Crown land (Rugadya 1999; Lastarria-Cornhiel
2003; Okuku 2006). Although a leasehold has a limited term, it is acknowledged as a legitimate form
of land ownership. For this reason, more than 60% of the land in K village was leasehold. President
Museveni enacted the Land Act 1998, recognizing that the land belongs to the citizens of Uganda.
This act specified land privatization and established freehold as a form of individual land ownership.
There was also a renewal of mailo land and mailo land tenure, and a kibanja holder living on mailo land
was protected by this law. Under the Land Act 1998, freehold tenure is permitted, such that kibanja
holders may apply for freehold tenure on receiving permission from the mailo land owner. In accor-
dance with the changing state of politics in Uganda, such as the dissolution of the protectorate, the
rise of the socialist one-party system, and then of the democratic state, land rights in Uganda have
also evolved a great deal. The various types of land hold tenure reflect the changes in land policy in
Uganda.

6.2. Economic differentiation in rural society

Field surveys revealed two key factors contributing to the land shortage in Uganda, the first of which
is the large number of immigrants. The continuous influx of immigrants has reduced the amount of
available land. As a result, villages, especially in suburban areas, now face a serious land shortage. The
second factor is urban residents who hold deeds for huge amounts of land and keep that land to
themselves, without further developing it. Moreover, some urban resident has started to buy kibanja
to expand grazing land, thus making it increasingly difficult for people living in the village to access
land for cultivation.
Despite the continued land shortage, residents can maintain their livelihood by holding kibanja.
12 Nilo-Ethiopian Studies

Kibanja was strengthened to protect the lifestyle of farmers during the British protectorate and still
exists today. In the Land Act 1998, kibanja holders were specifically mentioned and received legal
recognition.
Kibanja still exists in rural areas of Uganda and continues to protect the residency and cultivation
rights of farmers. However, the price of kibanja is increasing due to land shortages, and some immi-
grants cannot afford to buy kibanja. Some people lease part of a kibanja from other kibanja holders;
such individuals are known as “subtenants.” The subtenant is required to pay a high rent and they face
restrictions on agricultural production. They are also at risk of being evicted by the kibanja holder
without legal recourse.
In the case of mailo land, many rights, such as mailo land tenure, tenant rights (kibanja), and sub-
tenant rights are organized in a “layered” fashion. The mailo owner is prohibited from charging a high
rent fee or evicting the kibanja holder in a one-sided manner. However, the kibanja holder can charge
a high rent and evict a subtenant more easily. Thus, the subtenant is in an inferior position in Uganda.
Subtenants and the kibanja holder live on the same plot; however, the subtenants are subject to
harsh conditions such as high rent, crop limitations, and the potential for eviction by the kibanja
holder. Moreover, subtenants do not have space to establish a settlement and often live in poverty;
thus, they can be considered as vulnerable members of rural society. During the British protectorate,
the kibanja land right offered protection to villagers; in present-day Uganda, kibanja is now a means
of economic differentiation in rural society. There are concerns about the increasingly unstable life-
style and declining living standards of subtenants, as economic differentiation becomes more evident
in villages.

ACKNOWLEDGMENTS

I would like to thank Dr. Shuichi Oyama (Kyoto University, Japan) for his advices and supports. This
research was supported by the Inter-Graduate School Program for Sustainable Development and
Survivable Societies (GSS), Kyoto University and the Sasakawa Scientific Research Grant from the
Japan Science Society (2019–1006).

NOTES

(1) In Buganda, there are three types of chiefs: mutongole (pl. batongole), mutaka (pl. bataka), and mukungu (pl.
bakungu). Bataka mean clan heads, and bakungu refer to the heads of an entire county (ssaza). Batongole
are mainly used to refer to the chiefs of a village; these chiefs received mailo land from the Kabaka.
(2) Maxwell (1994) described that landlords sold land-use right to tenants after enacting the Busuulu and
Envujjo Law 1928. Moreover, Deininger and Castagnini (2006) noted that kibanja is an usufruct right
only for Mailo land.
(3) The dry season runs from early January to mid-February, and from early June to mid-August. The rainy
season occurs from late February to late May, and from early September to late December.
(4) This article uses pseudonyms.
(5) In the British protectorate era, Buganda was considered as one province. There were 20 counties, including
Kabula in Buganda.
(6) 1 USD is 3,380 UGX (as of September 20, 2016).
(7) The Land Act 1998 specifies that kibanja holders pay only 1,000 UGX as a tenant fee. In the case of K
village, personnel working for the Area Land Committee assigned a tenant fee of 5,000 UGX.
(8) The per capital income in 2017/2018 was 1,621,000 UGX (UBOS 2018).
 NAKAZAWA: Land Policy Reforms and Land Rights in Rural Uganda 13

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MEI NAKAZAWA: Takasaki City University of Economics, 1300 Kaminamie, Takasaki, Gunma 370-0801, Japan.