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
In pictures: Lira, Masaka pilgrims on the move
Teams of New Vision reporters are on the trail with some of the pilgrims from the north, east and west. Take a look at the progress of the groups from Lira and Masaka . . ....
Lira pilgrims soaked but undeterred
A heavy afternoon downpour on Friday did well to leave a trail of destruction in its wake in many parts of Matugga town, but it was not enough to deter a group of pilgrims who have been trekking from Lira....
Kenyan pilgrims brave mosquitoes, weather
Trekking all the way from across the border, the team of nuns, brothers, sisters and the youth started their long exhausting journey on May 8....
Number of Masaka pilgrims shoots to 1200
Masaka diocese pilgrims set off from Kitovu at around 1:55am and reached Lukaya, their first stopover, at around 6:00am....
Can electoral reforms be implemented by 2016?
IS there time to implement the constitutional and electoral reforms even if Parliament passes them before 2016?...
Who are Uganda Martyrs?
The Uganda martyrs were so named not because of the suffering they endured, but rather the reason they chose to die....
Should medical students be subjected to pre-admission exams?
Yes
No
Can't Say
follow us
subscribe to our news letter