By KT Reporter
Lawyers Naafi Kazinda and Samuel Oola of Aogon & Co. Advocates have petitioned the Civil Division of the High Court, challenging what they describe as illegal construction works on the Nakivubo drainage channel. They are suing businessman Hamis Kiggundu, the Attorney General, the National Environment Management Authority (NEMA), and the Kampala Capital City Authority (KCCA).
The suit challenges a presidential directive authorizing Kiggundu’s redevelopment project, which they say breaches Uganda’s environmental and procurement laws. They accuse Kiggundu of undertaking works without the mandatory Environmental and Social Impact Assessment (ESIA) approval required under the National Environment Act, 2019.
Counsel Oola argued that swamp land and ecologically sensitive areas such as the Nakivubo Channel cannot lawfully be titled under Section 44 of the Land Act (Cap. 227), which designates wetlands, riverbanks, and drainage reserves as public trust resources. Instead, the law only permits limited use under licenses issued after an ESIA review.
“We are challenging the legality of allocating Nakivubo Channel to one businessman through a presidential directive. This violates the public trust doctrine under Article 237(2)(b) of the Constitution, which provides that natural resources such as wetlands shall be held by government in trust for the people of Uganda. Our prayer is for environmental justice for Kampala residents,” Oola stated.
The lawyers want court to issue a permanent injunction halting all construction works, cancel the presidential directive, and order KCCA to resume full management of the channel. They also seek a restoration order under Section 129 of the National Environment Act, 2019, compelling NEMA to rehabilitate the channel, alongside punitive damages against Kiggundu for alleged illegal activities.
Kiggundu, through his firm Kiham Enterprises, has proposed cleaning, covering, and reinforcing part of the channel, while constructing commercial facilities above it to recover costs. The project won President Museveni’s endorsement in a letter dated August 2, 2025, describing it as “imaginative and simple.” The President instructed Prime Minister Robinah Nabbanja, the Ministry of Finance, and other agencies to support its implementation.
However, both NEMA and KCCA insist no approvals have been granted. Appearing before Parliament’s Defense and Internal Affairs Committee on September 10, NEMA’s Executive Director, Dr. Barirega Akankwasa, said the project has not passed the statutory clearance process.
“Current works are limited to unblocking the channel, removing silt and soil. No construction has been authorized because designs and environmental impact assessments are still under review. By law, under Section 112 of the National Environment Act, 2019, no person shall undertake a project likely to affect the environment without an ESIA certificate,” Akankwasa explained.
He dismissed claims that NEMA is stalling city projects, pointing instead to an automated system that processes applications within the 60-day statutory review period. The controversy has triggered wider scrutiny. KCCA halted the works over non-compliance, while Parliament’s Committee on Commissions, Statutory Authorities, and State Enterprises (Cosase) has summoned Kiggundu and officials to explain whether procedures under the Public Procurement and Disposal of Public Assets (PPDA) Act, 2003, were followed.
Lord Mayor Erias Lukwago has warned that bypassing established agencies through presidential directives undermines institutional authority. Critics caution that covering or narrowing Nakivubo Channel could heighten flooding risks in Kampala, obstruct desilting during heavy rains, and displace traders without due consultation.
Dr. Akankwasa warned that NEMA will not hesitate to demolish unauthorized structures. “We will enforce the law without compromise. Protecting wetlands is not just for government, but for the well-being of Ugandans and the global community,” he said. The High Court is yet to fix a hearing date, but the case is poised to test the boundaries of executive directives vis-à-vis environmental law, constitutional safeguards, and urban planning policies.
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