Nyakaana sues NEMA for house
Apr 17, 2005
KAMPALA City Councillor Godfrey Nyakaana has asked the Constitutional Court to order the National Environment Management Authority (NEMA) to rebuild his house in a wetland in Bugolobi.
By Jude Etyang
KAMPALA City Councillor Godfrey Nyakaana has asked the Constitutional Court to order the National Environment Management Authority (NEMA) to rebuild his house in a wetland in Bugolobi.
Nyakaana is challenging the legality of the three sections of the NEMA Act under which a shell for his mansion on Plot 8 Plantation Road Bugolobi, was demolished by NEMA on grounds that it was in a gazetted wetland.
The petition, filed by Nyanzi, Kiboneka and company advocates and Birungi and Company Advocates, says Sections 67, 68 and 70 of the NEMA Act as applied in the demolition contravened Nyakaana’s fundamental human rights and violated his right to own private property.
The petition is against NEMA and the Attorney General.
Nyakaana (right) wants court to declare the sections inconsistent with the Constitution and international human rights conventions.
He wants the court to order the restoration of the house as at the demolition on January 8, 2005. He wants NEMA and its officials restrained from interfering with his property rights.
Nyakaana said the demolition of his house amounted to cruelty which is contrary to the Constitution.
Nyakaana also said he was shot in the arm during the demolition of the house, which he said cost him sh300m. He said NEMA demolished his house without giving him a hearing, adding that its regulations were vague.
He said he applied for the disputed plot from Kampala District Land Board and it was leased to him for residential purposes.
He said NEMA decides a wetland using its discretion, rather than by prescribed rules of procedure. He accused NEMA of discrimination, saying neighbouring plots had continued to be developed.
KAMPALA City Councillor Godfrey Nyakaana has asked the Constitutional Court to order the National Environment Management Authority (NEMA) to rebuild his house in a wetland in Bugolobi.
Nyakaana is challenging the legality of the three sections of the NEMA Act under which a shell for his mansion on Plot 8 Plantation Road Bugolobi, was demolished by NEMA on grounds that it was in a gazetted wetland.
The petition, filed by Nyanzi, Kiboneka and company advocates and Birungi and Company Advocates, says Sections 67, 68 and 70 of the NEMA Act as applied in the demolition contravened Nyakaana’s fundamental human rights and violated his right to own private property.
The petition is against NEMA and the Attorney General.
Nyakaana (right) wants court to declare the sections inconsistent with the Constitution and international human rights conventions.
He wants the court to order the restoration of the house as at the demolition on January 8, 2005. He wants NEMA and its officials restrained from interfering with his property rights.
Nyakaana said the demolition of his house amounted to cruelty which is contrary to the Constitution.
Nyakaana also said he was shot in the arm during the demolition of the house, which he said cost him sh300m. He said NEMA demolished his house without giving him a hearing, adding that its regulations were vague.
He said he applied for the disputed plot from Kampala District Land Board and it was leased to him for residential purposes.
He said NEMA decides a wetland using its discretion, rather than by prescribed rules of procedure. He accused NEMA of discrimination, saying neighbouring plots had continued to be developed.