Court faults KCCA over Owino market stall registration
In a judgment dated August 31, Justice Collins Acellam of the Civil Division of the High Court declared that KCCA acted unlawfully in undertaking administrative processes affecting the traders.
Court faults KCCA over Owino market stall registration
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The High Court in Kampala has ruled that Kampala Capital City Authority (KCCA) lawfully assumed the management of St. Balikuddembe (Owino) market but illegally interfered with traders’ established stall interests through a registration process that failed to provide fair procedure.
In 2023, a total of 67 traders led by Jamilu Baseka sued KCCA, alleging it unlawfully assumed control of disputed stalls and shops, recognised others as occupants, interfered with their proprietary and economic interests, and violated their constitutional rights without lawful authority.
In a judgment dated August 31, Justice Collins Acellam of the Civil Division of the High Court declared that KCCA acted unlawfully in undertaking administrative processes affecting the traders.
“The authority undertook processes affecting the traders’ established proprietary interests without affording them a fair, transparent and procedurally compliant process as required under Articles 26 and 42 of the Constitution,” the judge ruled.
Justice Acellam ordered KCCA, its servants, agents, and persons acting under its authority, not to reallocate, transfer, cancel, extinguish, or otherwise interfere with proprietary or beneficial interests established by the judgment, except through lawful processes consistent with the Constitution and natural justice.
The judge, however, stated that the judgment does not prevent KCCA from lawfully regulating, administering and managing the market under the KCCA Act, consistent with the Constitution and protected interests.
Background
Court documents indicate that the applicants are traders who claim proprietary and beneficial interests in various stalls, lock-up shops and business spaces within St. Balikuddembe Market.
The dispute arose after KCCA assumed the management and administration of the market pursuant to executive directives and its statutory mandate over public markets.
The traders alleged that, upon assuming control, KCCA treated the disputed stalls and lock-up shops as falling under its exclusive authority, recognised or registered persons other than them in respect of some of the facilities, and thereby interfered with their alleged proprietary interests and economic benefits.
They maintained that the actions were undertaken without lawful authority and in violation of their constitutional rights.
In response, KCCA disputes the traders’ assertions and contended that it lawfully assumed management of the market pursuant to the applicable legal framework and executive directives.
KCCA further maintained that the applicants had failed to establish any recognisable proprietary interest capable of constitutional protection.