KAMPALA– Over 300 city traders under their umbrella associations have dragged businessman Hamis Kiggundu to the High court for orders to immediately halt the on-going construction along the Nakivubo Drainage channel.
Kiggundu has been sued alongside the National Environment Management Authority and Kampala Capital City Authority.
The traders under Kampala Arcaders Traders Association (KATA) led by their Chairperson Godfrey Katongole and UNATA Traders Association Uganda Limited are accusing the defendants of unlawfully covering and building structures on the Nakivubo Drainage Channel without the necessary environmental and physical planning approvals.
According to the plaint, the traders claim that businessman Hamis Kiggundu and his company, KIHAM Enterprises, commenced construction in August this year, following a letter from President Yoweri Museveni to the Prime Minister, recommending their project on the drainage channel.
However, the traders argue that the President’s letter did not exempt Ham from following due processes, including environmental impact assessments and approvals from both NEMA and KCCA.
They allege that since the construction began, heavy flooding has affected nearby arcades and buildings, destroying goods worth billions of shillings. The traders say repeated attempts to engage the developers and city authorities have been in vain.
The plaintiffs are now seeking several court declarations, including that the ongoing works violate the Constitution and environmental laws. They are also asking court to issue a permanent injunction stopping further construction, an order for compensation for destroyed property, and for the responsible authorities to clear debris and restore the free flow of water through Nakivubo Channel.
On addressing the journalists immediately after the filing of this case , Godfrey Katongole, Chairperson KATA, made it clear that, before the ongoing construction, some buildings like Jamboree Plaza and Nabukeera have been having some little flooding during heavy rains, but it has not been causing such serious damages.
The High Court is expected to fix the matter for hearing.
