UTODA, KCCA court battle re-scheduled for November 21

By Andante Okanya

HEARING of the main case between Uganda Taxi Operators and Drivers Association (UTODA) and Kampala Capital City Authority (KCCA) over the management of city taxi parks has been re-scheduled for November 21.

The date was brought closer by two weeks from the initial date of December 5. However, the interim court order stopping KCCA from interfering with activities of UTODA will remain in place until December 5 when it expires.

The parties to the case agreed on the new date on Friday during a meeting with Justice Eldad Mwangushya in his chambers at the High Court in Kampala. The press was barred from attending, and those in attendance declined to divulge what was discussed.

The meeting that started at about 2:30pm lasted about two and a half hours. It was attended by KCCA executive director Jennifer Musisi, KCCA legal team of Mike Okua, Caleb Mugisha, and Robert Kwanza. 

Also in attendance was UTODA vice chairperson Chris Sengooba, UTODA’s lawyers Moses Kabega and Musa Sekaana, plus Kampala Metropolitan Police Chief Andrew Kaweesi.

After emerging from the judge’s chambers, Musisi and her team were tight-lipped on what had transpired. They later evaded questions from the press drove off the court premises.

Also Kabega declined to divulge details but only said they had agreed that the case should be heard as early as possible so that it is concluded.

“I cannot discuss the details but we have agreed on an earlier date of November 21. Nothing else changes, and the interim is still in place until December 5,” Kabega said.

The case arose after Musisi, in her Memo October 18, 2011, said UTODA’s contract was expiring on October 31. She also revealed that KCCA would start managing the taxi parks from November 1.

UTODA has been managing the taxi parks since 1993 when it signed its first contract with KCCA’s predecessor Kampala City Council. Its contract ended on October 31, 2010, but was extended to October 31, 2011.

It was further extended for three years to October 31, 2014 by the then acting Town Clerk, David Naluwayiro, citing approval by the contracts committee.

According to the terms of the contract extension, UTODA was to pay sh392m monthly to KCCA, up from sh290m.

But in June, Musisi wrote to President Yoweri Museveni explaining that although UTODA’s contract had been extended to 2014, there was no formal contract signed with KCCA.

She also said UTODA was not meeting its monthly targets in remittances to KCCA, and still had uncleared tax arrears with the Uganda Revenue Authority.  She accused UTODA of failing to manage taxi operations.

In July, UTODA bosses snubbed a meeting with the Kampala Lord Mayor, Erias Lukwago who maintained that they had no running contract with KCCA.

UTODA also declined to produce a memorandum and articles of association, annual returns filed with the registrar of companies and the structure of taxi fares levied.

UTODA claims to have suffered financial losses worth sh1b as a result of the conflicting positions over the matter by the political and technical heads at KCCA.

Additionally, they contend that the decision to terminate its contract may lead to unrest, violence and disruption of trade order in the city centre.