Businessman sues KCCA over kiosks

A city businessman has sued the Kampala Capital City Authority (KCCA) for allegedly demolishing 13 of his kiosks that were located in the New Taxi Park.
Mr Farouk Mujumba stated that in January 2022, KCCA made a U-turn and demolished all his 13 kiosks made of fiberglass, yet they had initially permitted him to construct them.

“The plaintiff’s claim (Mr Mujumba) against the defendant (KCCA) is for orders and declarations that the defendant acted illegally, unlawfully with unreasonable force in demolishing the plaintiff’s kiosks in New Taxi Park on Namirembe Road,” the court documents read in part.

Court documents filed in the Commercial Court show that on November 6, 2013, Mr Mujumba made an application to KCCA to set up modern kiosks or lock-up shops at the New Taxi Park.
The sole aim of setting up the kiosks was to do business and profiting out of it while meeting the modern acceptable standards of building of kiosks in the city.

Mr Mujumba added that KCCA issued him with an assessment on December 5, 2013, to make payments before final approval of the kiosks permit was issued to him by the Directorate of Physical Planning.
Mr Mujumba further said on December 6, 2013, he made the payment of Shs7.6m in line with the issued revenue assessment, inclusive of value-added tax, as a prerequisite to construct and develop the modern kiosks at the New Taxi Park.

“Subject to the plaintiff’s application for expression of interest to construct the said kiosks, the defendant (KCCA) approved or allowed the plaintiff’s request and issued the plaintiff an assessment dated the 5th day of December 2013 to make payments before a final approval of the kiosks permit could be issued to him by the Directorate of Physical Planning,” read in part the court documents.
The businessman added that upon making all the necessary payments as required by KCCA, he was permitted to construct or place 13 kiosks to be labelled as 1 to 13.

He said in 2022, KCCA, using unauthorised agents and police, descended on his kiosks and those of his tenants, destroying them, and leaving them with losses worth hundreds of millions of shillings.
“The plaintiff (businessman) shall aver and contend that he spent and has lost over Shs688m in the construction of the said kiosks as approved by the defendant (KCCA) and he suffers special damages as a result of the said unlawful demolition,” he stated in the court documents.

Through his lawyers of Astute Advocates, the businessman now wants the court to issue an order against KCCA to compensate him with more than  Shs200m being money lost in investment and expenses incurred by him in setting up the approved kiosks and rental earnings lost as the result of the unlawful demolition.

KCCA defence

KCCA, in its defence, said the land where the kiosks were located fell in a gazzated road reserve on Namirembe Road and at the buffer of Nakivubo Channel.
KCCA further said there was a manhole, a power line, and other utility lines going through the said land, hence the need to remove them. 
“In and around 2019, National Water and Sewerage Corporation attempted to lay its sewer line within the suit land but was unable to set up due to the structures running in the road reserve,” KCCA stated in its defence. 

 It added: “Following unsuccessful negotiations, the plaintiff’s (businessman) permission to place or maintain kiosks on the suit land was not renewed by the defendant (KCCA) for the period of 2021 and has not been renewed to date. In or around January 2022, the defendant carried out a demolition exercise to clear all illegal structures within the road reserve by the law.” The Commercial Court where the matter was filed, is yet to hear out this matter and rule on it.