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Activists want KCCA to pay Shs500 million to family of drowned pedestrian

Legal Brains Trust, a democracy and human rights watchdog, has sued Kampala Capital City Authority (KCCA) and the Attorney General in connection with the drowning of Cissy Namukasa, in a flooded open manhole in Nakawa, Kampala on May 2.

Through one of its directors, Mr Isaac Ssemakadde, Legal Brains Trust filed an application in the Civil Division of the High Court in Kampala on Wednesday.

The watchdog seeks a declaration by court that Ms Cissy Namukasa’s right to life was violated as a result of the respondents to make city drainage channels safe for pedestrians.

They also petitioned court to declare that the delay, refusal or failure of KCCA and the Attorney General to enforce a clear plan to protect city dwellers from loss of life, limb and property as a result of unsafe and hazardous roads, drainage channels, sewers and related infrastructure; contravenes the core state obligations to respect, protect and fulfil fundamental and other human rights enshrined in articles 20, 21, 24, 26, 39, 45 and 50 of the Constitution of Uganda and the Covenant on Economic, Social and Cultural Rights.

In the lawsuit filed through GEM Advocates, Legal Brains Trust also seeks compensation to the tune of Shs500 million for the family Namukasa.

They also want court to order for KCCA and the Attorney General to admit responsibility for the planning failures and take steps to protect city dwellers especially pedestrians from the dangers of unsafe roads, drainage channels and other infrastructure within their jurisdiction.

Mr Stanley Okecho of GEM Advocates clarified that the lawsuit addresses more than the rights of the family of the late Namukasa.

"It is a high-impact strategic litigation case which calls out the relevant national authorities to provide gigantic efforts in achieving the ideals of the New Urban Agenda adopted in 2016 at the UN level," Mr Okecho said.

Since 2011, there have been 11 documented cases of people drowning in drainage channels on various Kampala’s roads.

According to the 2018 Annual Crime Report of the Uganda Police, the fire and emergency rescue services responded to 15 incidents occurring in trenches, ditches and channels and 10 incidents of floods.