Kabale council loses case, mayor faces arrest

Simon Mashemererwa who had petitioned against the market demolition. Photo by Job Namanya

Kabale Municipality Council has lost a case where it was dragged to court for defying a court order restraining the demolition of the Kabale Central Market.

The demolition of the Central Market that took place in August 2019 is part of the planned reconstruction of a new market under the Markets and Agricultural Trade Improvement Program-MATIP III.

Traders after the demolition were directed to relocate to Kabale Police playground in Kigongi along Kabale-Mbarara Highway and Mwanjari Cemetery in Southern Division along Kabale-Kisoro road.

In April, traders and lockup owners under Kabale Central Market Traders Association (KCTA) petitioned the court seeking an interim injunction halting the registration exercise by Kabale Municipal Council ahead of the planned construction of the market.

In August, Kabale High Court Judge, Justice Moses Kawumi Kazibwe extended an interim order restraining KMC and its agents from evicting traders and demolishing the market until February 11, 2020, when the main application will be heard.

However, municipal council casual labourers started demolishing the market forcing KCTA chairperson, Simon Mashemererwa to petition against their action.

In a ruling delivered on Thursday, Kabale High Court Judge, Justice Moses Kawumi Kazibwe ordered KMC authorities to pay sh150m as damages for contempt of Court.

The same ruling called for the arrest of Ssentaro Byamugisha, the Kabale Mayor and Joseph Bagonza Monday, the town clerk to be committed to civil prison for contempt of Court.

Kazibwe further ruled that the management of the daily running of operations at Kabale Central Market be placed into the hands of sequestrates to manage and receive market dues and any rent for the time being.

After the ruling, Mashemererwa hailed the court process warning KMC authorities against disrespecting the law again.

"They thought that they would use force against the law and it has now caught up with them," he said.

Byamugisha said that the ruling will be studied by KMC lawyers before any other step is taken.

"We are ready to study this ruling and then our lawyers will advise us on what to do next," he said