Kampala Lord Mayor Erias Lukwago has accused Parliament and the National Environment Management Authority (Nema) of negligence and conspiracy in allowing city businessman Hamis Kiggundu, commonly known as Ham, to carry out illegal construction on the Nakivubo Channel, one of the capital’s main drainage systems.
Speaking to journalists in Kampala yesterday, Mr Lukwago said the channel, classified as a natural resource, falls under the management of Local Government and cannot be leased or alienated to private developers under the Constitution. ‘Nakivubo Channel is supposed to be managed by the Local Government, not individuals. Local Governments are prohibited by law from leasing or alienating any natural resource,’ Mr Lukwago said.
Nema clearance
He alleged that Ham Enterprises obtained two land titles over sections of the channel without securing the mandatory environmental permits from Nema as required by the Environmental Act. A letter from Nema dated August 22 was reportedly sent to the Kampala Capital City Authority (KCCA) executive director, the Office of the Lord Mayor, and the Permanent Secretary in the Ministry of Water, requesting information about the ongoing works. Mr Lukwago said to date, no Environmental Impact Assessment (EIA) report or official response has been filed.
‘Nema cannot issue a permit without an Environmental Impact Assessment report. Unfortunately, construction went ahead without these approvals, and that is a serious breach of the law,’ he said. Mr Lukwago added that Ham Enterprises never submitted a development application to KCCA for approval. On August 22, the KCCA executive director issued a letter ordering the company to halt all works pending clearance, but the developer ignored the directive.
The Lord Mayor further accused a section of MPs of deliberately stalling investigations into the matter, despite a directive by Speaker Anita Among to constitute a fact-finding committee led by MP Daniel Kimosho. ‘There is a conspiracy being perpetuated by Parliament. The Speaker directed a fact-finding committee to investigate, but since September, we have not heard from the team,’ Mr Lukwago said.
Efforts to obtain comment from the named institutions were unsuccessful by press time.
He revealed that his office is now pushing for immediate enforcement, including arrests and prosecution of those behind the illegal construction. Mr Lukwago also demanded compensation for traders and residents who have suffered losses as a result of flooding caused by the blocked channel. Traders in downtown Kampala are counting heavy losses following Monday’s downpour that caused the Nakivubo Channel-now under construction-to overflow and flood surrounding arcades. Shops near the main drainage corridor were submerged, destroying merchandise worth millions of shillings.
Mr Joseph Mukiibi, a trader at Qualicell Building, said the flooding had worsened because the blocked channel diverted water through their buildings. ‘The recent flooding was terrible because water failed to flow through its usual route, which was blocked. It found its way through our buildings instead,’ Mr Mukiibi said.
Ms Mariam Kisakye, another trader, blamed the flooding on garbage disposal by vendors and roadworks that have obstructed smaller drainage streams from Kampala Road to Nakasero.
Background
Works to cordon off the Nakivubo Channel began on August 16, and KCCA ordered Ham Enterprises to halt all works six days later pending statutory permissions. The authority also demanded the removal of debris and restoration of stormwater flow in compliance with environmental and planning laws. However, civil society organisations and lawyers have since sued Ham Enterprises, KCCA, Nema, and others, citing lack of an Environmental and Social Impact Assessment (ESIA) and alleged constitutional breaches through presidential directives overriding due process.
Despite multiple warnings, construction has continued without interruption.