Bigirimana sues justice Sebutinde over building

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The permanent secretary to the Judiciary, Pius Bigirimana, and his neighbours in Bugolobi, Kampala have sued Justice Julia Sebutinde of the International Court of Justice over the construction of a multi-storeyed apartment block in the area.

Bigirimana, together with residents, Jerry Kato Ssempala, Grace Natukunda and Loretta Umutesi, dragged Justice Sebutinde and her husband, John Bagunywa Sebutinde, to the Civil Division of the High Court, seeking to stop the construction. The suit also lists Kampala Capital City Authority (KCCA) and another individual identified as Joseph Wamala as defendants.

Case against a justice

The plaintiffs, who are residents of Bugolobi Bungalows in Nakawa division, contend that the construction of multi-storeyed commercial apartments on Plot 8, Princess Anne Drive violates the Building Control Act, Cap 136.

In their pleadings, the residents argue that Bugolobi is an exclusively residential area and that the construction has caused them distress, inconvenience, invasion of privacy and other disruptions. They are thus seeking a permanent injunction to halt any further works.

According to court documents, Justice Sebutinde and her husband approached the local council (LC1) chairperson of Bungalows I village in Bugolobi in 2022, seeking a letter of non-objection to construct. However, the local council leader reportedly declined to grant approval.

The plaintiffs aver that the LC1 chairperson instead advised Sebutinde and her husband to apply for renovation of their existing residential house, noting that Bungalows I area in Bugolobi was strictly a residential zone, with no provision for multi-storeyed apartment blocks. They further assert that, at the request of Sebutinde and her husband, the LC1 chairperson nonetheless only recommended the issuance of a renovation permit.

“Upon receipt of the LC1’s letter, KCCA, which is the statutory regulator of the building industry in Kampala and the metropolitan area, surprisingly okayed a building operation for a multi-storeyed commercial apartment in question,” the court document reads.

According to the same documents, KCCA, acting through its Building Committee and Physical Planning Committee, allegedly failed to appreciate that there was no letter from the LC1 chairperson of Bungalows I village, expressly authorising the construction of a multi-storeyed commercial apartment block on the site. “It will be contended for the plaintiffs herein that even when Justice Sebutinde, her husband and Wamala herein became aware of a halting order served on November 20th, 2025, they ignored the same and continued with construction,” the documents read.

Alleged effects

The plaintiffs contend that as a result of persistent noise pollution and discharge of hard objects from the high-rise building currently under construction, they have been unable to host guests and that their children are no longer able to complete homework. They also said they consume food contaminated with dust and other debris. They are therefore seeking general damages.

“Given the high-rise structure of five floors being put up at Plot 8, Princess Anne Drive, Bugolobi, my right to privacy and that of members of my family has been greatly undermined so far as the respondents’ workmen, under the stewardship of Wamala, enjoy an unlimited overlooking view to my bedroom, bathroom, living, kitchen, guest quarters, compound, parking lot, garden and everything else that there is in and around my residence,” Bigirimana stated in his affidavit.

The plaintiffs are seeking an order directing KCCA to revoke Sebutinde’s building permit.

Her Defence

Justice Julia Sebutinde contends that the suit is misconceived because it seeks to challenge building permissions lawfully issued by KCCA and the National Environment Management Authority (NEMA). She argues that any challenge to those decisions can only be mounted through judicial review proceedings and not by way of an ordinary civil suit. Sebutinde further states that the suit against her husband, John Sebutinde, discloses no cause of action, as he is neither the owner of the impugned development nor the registered proprietor.