today's Pick
AG, NEMA want Nyakana's case dismissed
Publish Date: Sep 04, 2014
AG, NEMA want Nyakana's case dismissed
Kampala Central Mayor Godfrey Nyakana
  • mail
  • img
newvision

By Edward Anyoli

 

THE Attorney General has asked the Supreme Court to throw out an appeal by Kampala Central Mayor Godfrey Nyakana against NEMA.

 

The Attorney General said NEMA demolished Nyakana’s house in 2004 because it was built in a wetland.

 

Senior State Attorneys George Kallemera and Christine Akello who represented the Attorney General in their written submission presented to court said NEMA took that decision because it was protecting the environment from destruction.

 

Nyakana appealed against the Constitutional Court decision where it ruled that NEMA was right to order the demolition of his residential house in Bulogobi.

 

Through his lawyer Mohammed Mbabazi, Nyakana is seeking court order to award him costs and damages for demolishing his house.

 

He also wants the Supreme Court to declare sections of National Environmental Management Act that provide for environmental restoration unconstitutional.

 

Both the Attorney General and NEMA opposed the orders sought by Nyakana and asked the court to maintain and uphold earlier decision of the Constitutional Court that dismissed Nyakana’s appeal.

 

Kallemara and Akello told Court presided over by a Coram of Judges Bert Katureebe, Benjamin Odoki, Galliano Okello, William Tsekooko, Esther Kisaakye, Stella Arach Amoko and Christine Kitumba that the sections in the National Environmental Management Act that provide for environmental restoration orders operate in the public interest and court should agree with the earlier decision of the Constitutional Court.

 

Constitutional Court on November 9, 2009 dismissed Nyakana’s appeal and agreed with Attorney General and NEMA, that it was right to order the demolition.

 

Nyakana being dissatisfied with Constitutional decision appealed to the Supreme Court saying the lower court erred when it acted without due diligence and illegally by destroying his  house.

 

Nyakana argued that the sections that give mandate to NEMA for environmental restoration are unconstitutional. Court will give its ruling on notice.

Related stories

Nyakana on the run after assaulting traffic officer

Nyakana defies NEMA over wetland

Nyakana in Luzira wetland row

The statements, comments, or opinions expressed through the use of New Vision Online are those of their respective authors, who are solely responsible for them, and do not necessarily represent the views held by the staff and management of New Vision Online.

New Vision Online reserves the right to moderate, publish or delete a post without warning or consultation with the author.Find out why we moderate comments. For any questions please contact digital@newvision.co.ug

  • mail
  • img
blog comments powered by Disqus
Also In This Section
Mbabazi steps aside as NRM secretary general
National Resistance Secretary General, Amama Mbabazi, has taken leave of absence from office....
Makerere university students have gone on strike protesting a hike in graduation fees....
European foreign ministers gather in Luxembourg Monday to try and formalise a joint EU response to combat the Ebola virus amid diplomatic warnings the crisis has reached a "tipping point"....
D-day looms for Pistorius over killing of lover
South Africa's fallen star Oscar Pistorius could be jailed for 10 years or return to serve house arrest Tuesday when he will be sentenced for killing girlfriend Reeva Steenkamp....
Egg freezing: controversial new benefit in the US workplace
Free meals, four months of maternity leave and now egg-freezing: Facebook''s latest gift to its employees has rekindled debate on the role of women in the company....
The man who said no to free love: Paul VI on first step to sainthood
Pope Paul VI, the man who cracked down on free love during the 1968 revolution and carried out sweeping changes to the Church, will be beatified on Sunday in his first step towards sainthood....
Do Ugandan tycoons prepare their children to take over their business empires?
Yes
No
Can't Say
follow us
subscribe to our news letter