Evaluation of the effectiveness of certificates of occupancy in securing tenure of tenants on Mailo Land in Mubende District : A case study of Madudu Sub-county

Abstract

The study evaluated the effectiveness of Certificates of Occupancy in securing the tenure of tenants on Mailo land in Mubende district, specifically, Madudu Subcounty. The specific objectives of the study included; to assess the state of Mailo land tenure security before issuance of Certificates of Occupancy, assess the state of Mailo land tenure security after issuance of Certificates of Occupancy, and to explore ways to improve Mailo land tenure security with issuance of Certificates of Occupancy in Mubende district. This study adopted a descriptive cross-sectional design, and employed both quantitative and qualitative approaches to bring in-depth analysis and discussion of the problem under study. Simple random, and purposive sampling techniques were employed to select participants. A self- administered questionnaire was completed by 30 affected tenants, and eight (8) interviews were conducted with Key Informants (KI). Quantitative data was analyzed using frequency tables and charts generated from SPSS Ver.27 and Microsoft Excel while qualitative data was analyzed through thematic approaches by categorizing data into themes which enhanced effective interpretation of results. The key findings from the study revealed widespread awareness of COs among respondents, with a majority claiming a high level of understanding of their purpose and implications. The prevailing perception of tenure security before issuance of COs on Mailo land was overwhelmingly negative, highlighting significant challenges such as unclear ownership, disputes, and economic disparities. Additionally, the findings revealed that a significant majority of respondents felt much more secure in their tenure as tenants on Mailo land after the introduction of COs. Following CO issuance, tenants were able to engage in activities previously restricted, albeit indirectly, such as constructing permanent structures, purchasing additional land and cultivating perennial crops. It was concluded that the introduction of COs has had a positive impact on Mailo land tenure security in Mubende district. COs have contributed to reduced disputes and increased payment of Busuulu by tenants. The study further concludes that COs have empowered tenants by enabling them to present legal documentation in case of disturbances on the land and negotiate terms with landlords. Additionally, COs have facilitated independence in land use, allowing for long-term investments such as agricultural activities and permanent constructions. The study recommends reviewing laws on Busuulu payments to reflect current rates and clarify payment procedures for absentee landlords. The study also recommends addressing non-payment issues and reviewing encumbrance laws for the CO to include spatial components of the bibanja to improve clarity and effectiveness.