Nakasero vendors sue KCCA over market repossession

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Nakasero market vendors have dragged Kampala Capital City Authority (KCCA) to court seeking a declaration that it illegally repossessed their market. 

Under their umbrella body of Nakasero Market Sitting Vendors and Traders Limited, the over 5,000 traders argue that they still have a running sublease over the property, which they obtained from KCCA on September 20, 2016.

In a suit filed before the Land Division of the High Court in Kampala, the traders, through their lawyer Jude Mbabaali, argue that the sublease is subject to renewal to 48 years and to full term, rendering the repossession of the market by KCCA illegal.

Led by Godfrey Kakooza, the traders argue that they paid sh1.8b in premium and sh90m in ground rent to KCCA for the sublease following approval of the transaction by the then solicitor general Francis Atooke.

They are seeking orders, among others, to restore them on the land by evicting KCCA, which is currently managing the market. The Attorney General is also listed as the respondent in the case.

Kakooza argues that they incorporated the organisation to enable them to manage their affairs, redevelop the market and give an opportunity to its members to grow in business and trade in accordance with the government development policy.

The traders, however, argue that the takeover of the market by KCCA after subleasing it to them amounts to acquisition of the land without compensation, contrary to Article 26 of the Constitution.

In November 2020, KCCA repossessed the market after President Yoweri Museveni asked it to manage all markets and abattoirs because the private entities were messing them up.

Initially, the traders had filed the case before the Civil Division of the High Court as a judicial review matter.

However, Justice Musa Ssekaana dismissed it, saying it is not a case for judicial review based on the facts and circumstances of the case.

Justice Ssekaana noted that the transactions entered into by the KCCA and vendors are purely contractual and based on private law rights that are derived from the said agreements.

Consequently, the traders filed a fresh suit before the Land Division of the High Court seeking eviction of KCCA from their market.

Samuel Kagoda, the land court deputy registrar, has since directed the parties to file their respective trial bundle and a joint scheduling memorandum so that the case is allocated to the judge for hearing. Kagoda fixed the case for mention on September 9 this year.

In its defence, KCCA argues that it repossessed the market following a cabinet directive. The document, however, has no mention of the sublease to the traders.

The traders argue that repossession of the market by KCCA has greatly affected their organisation and their well-being.

In 2023, KCCA took full control of all city markets and abattoirs as a way of implementing the presidential directive, which was intended to curb persistent fights in the city markets.