Ham Kiggundu Defends Nakivubo Project
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.
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.
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.
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.
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Ham Kiggundu Defends Nakivubo Project
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.
