By KT Reporter
Businessman Hamis Kiggundu has asked the High Court to dismiss a lawsuit filed against him by two traders’ associations, insisting that the case is frivolous, misconceived, and has no legal merit.
In an affidavit before the Court, Kiggundu, together with his company Kiham Enterprises (U) Ltd, argues that the ongoing redevelopment and beautification of the Nakivubo Drainage Channel is fully approved by the Kampala Capital City Authority (KCCA) and the National Environment Management Authority (NEMA), and that claims linking the works to flooding are unsubstantiated.
The lawsuit, Civil Suit No. 0412 of 2025, was brought by the Kampala Arcaders Traders Association (KATA) and UNATA Traders Association Uganda Ltd, which alleges that Kiggundu’s construction along the channel caused flooding that damaged merchandise in arcades along Nabugabo Street and the Old Taxi Park.
The traders also claim that KCCA and NEMA failed in their oversight role, and they seek a permanent injunction, compensation for damages, and removal of debris obstructing the channel.
Kiggundu, through his lawyers led by Muwema and Company Advocates, contends that the traders have no legal standing to sue.
He argues that the associations, being private companies limited by guarantee, are not entitled to pursue public interest litigation or enforce human rights under Article 50 of the Constitution.
He also points out that the suit was filed against a non-existent entity, “Kiham Enterprises,” instead of his registered company, Kiham Enterprises (U) Ltd, rendering the case defective.
A key point in Kiggundu’s defence is that the flooding cited by the traders was caused by heavy seasonal rainfall, a natural occurrence for which he cannot be held liable.
He notes that flooding has historically affected Nakivubo and the surrounding areas during rainy seasons, long before the redevelopment project began.
Kiggundu maintains that the traders have failed to show any unique or novel impact directly linked to his works.
“That, the suit in this very essence, is a nullity, incurably defective, is devoid of a reasonable cause of action, is frivolous, and an abuse of court process. I pray it is dismissed with costs”, reads the affidavit.
He further argues that the project was implemented pursuant to a directive from President Yoweri Museveni, who approved the redevelopment plan in 2025. Kiggundu says the suit, in essence, challenges an official presidential act, which is protected by immunity under Article 98(4) of the Constitution. He insists that a case seeking to examine or halt a presidential directive is legally untenable.
“That the directive on the re-development and beautification of the Nakivubo Channel was a directive made by the President of the Republic of Uganda in his official capacity. It is a Presidential act, part of the presidency which is protected by immunity and cannot be liable to any proceedings in court”, says Kiggundu.
The matter was for a hearing on Thursday. The Court set strict timelines for parties to file responses in the case.
During a session presided over by Registrar Simon Kintu Zirintusa. Lawyers for all parties appeared, although NEMA’s lawyer, Christopher Kayongo, together with KCCA lawyer Dennis Byaruhanga, requested seven more days to file their responses.
Kiggundu and his lawyers confirmed they had filed a Miscellaneous Application challenging the competency of the traders’ suit, with a hearing scheduled for December 8 before Justice Bernard Namanya, three days before the injunction application returns for mention.
Kiggundu’s lawyer argued that preliminary objections raising serious questions of law should be addressed first, emphasizing that court rules allow such objections to take precedence if they are capable of disposing of the matter.
The traders’ lawyer opposed requests for extensions beyond statutory deadlines, but the registrar granted the respondents seven days to file replies, with rejoinders due by December 1, and adjourned the matter to December 11 for mention.
In his affidavit, Kiggundu insists that the traders’ claims are speculative and unsupported by evidence, that the suit fails to disclose a reasonable cause of action, and that all approvals for the Nakivubo Channel project are valid and verifiable.
He adds that the case is a misuse of court process and should be dismissed with costs, leaving no live or triable question regarding the legality of the redevelopment or the source of the flooding.
The controversy stems from a proposal submitted by Kiggundu to President Yoweri Kaguta Museveni on July 25, 2025, seeking permission to cover the Nakivubo Channel to address sanitation concerns and blockages.
The President approved the plan in a letter to the Prime Minister the following month, directing that Kiggundu be allowed to execute the project.
But the traders argue that this presidential endorsement bypassed mandatory environmental impact assessments and urban planning approvals from NEMA and KCCA, rendering the construction illegal.
KCCA attributed the recent flash floods in parts of the city to unusually heavy rainfall, not construction activities.
The Authority said that while newly improved drainage systems in areas like Soya-Bunga, Lubigi, Nakamiro, and Kibuli, flooding was reported along Nakivubo Channel and around the Old Taxi Park, where several basement premises were submerged.
KCCA stated it had deployed teams in collaboration with the Uganda Police Force and National Water and Sewerage Corporation (NWSC) to evacuate water and clear debris. Engineers are reportedly monitoring flood-prone zones and inspecting sites for compliance.
The Authority, led by Hajjati Sharifah Buzeki, also urged residents to remain vigilant during the rainy season, avoid flood-prone routes, and report blocked drains for swift action. The Authority has since started major drainage improvement works along the Nakivubo Channel to ease the movement of the water.
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