Traders in Kampala operating under Kampala Arcaders Traders Association (KATA) and UNATA Traders Association Uganda Limited, have dragged businessman Hamis Kiggundu, the National Environment Management Authority (NEMA), and Kampala Capital City Authority (KCCA) to court over alleged illegal construction on the Nakivubo Drainage Channel.
In a suit filed before the civil division of the High Court in Kampala, the traders say the illegal construction caused floods that destroyed properties worth billions of shillings.
The traders say the floods are linked to ongoing construction along the drainage channel, which they claim was approved without following proper procedures.
Speaking to journalists outside court, Kasule Mpologoma, lawyer representing the traders, said the matter stems from a presidential letter that allegedly allowed businessman Hamis Kiggundu to proceed with construction without following necessary legal procedures.
“The issue today is that we operate as traders, and we are interested in seeing that we can get legal remedies from the courts of law,” Mpologoma said.
“This all emanated from a letter written by His Excellency, the President of Uganda, to the Prime Minister, accepting that Kiggundu can proceed with whatever he intended to construct on the national drainage channel. However, there were procedures that were supposed to be followed, and unfortunately, they were not. It affected traders and anyone running a business along the drainage channel.”
Mpologoma said the traders are seeking an injunction to halt ongoing construction and compensatory orders to help them recover from the destruction.
“We want court to stop these constructions, and we also want to quantify the damages to know how many people have been affected and what they are owed. Court will absolutely grant us what we are looking for,” he added.
Godfrey Katongole, chairman of the Kampala Arcade and Traders Association, said flooding has become a recurring problem since Kiggundu began developing properties along the channel.
“This is the third time buildings in Kampala are affected by floods since Ham Kiggundu started building something similar to an arcade. Buildings like Qualicel and Nabukeera have been experiencing floods, but not to the extent of property destruction. Ever since Ham started building—from Kisekka Market to Container Village—every time it rains, people’s properties get destroyed by water, and we have not seen any government office coming to our rescue. We also court to give us justice,” Katongole said.
The traders’ lawyer emphasized the urgency of halting the construction.
“We came to court today to seek an injunction to stop whatever constructions or developments are ongoing,” Mpologoma said.
They are seeking a permanent injunction stopping Ham from the ongoing construction on Nakivubo Channel , an order for compensation to those who lost property during the flooding.
