KCC okays warehouse construction over sewer pipes
Feb 11, 2009
KAMPALA City Council (KCC) has disregarded recommendations of the Katorobo Commission and okayed the construction of a huge warehouse on top of delicate sewer pipes on a contested piece of land in Lugogo, a city suburb.
By Steven Candia
KAMPALA City Council (KCC) has disregarded recommendations of the Katorobo Commission and okayed the construction of a huge warehouse on top of delicate sewer pipes on a contested piece of land in Lugogo, a city suburb.
The developments on plot M72/3 by Luish Investments have drawn protests from the National Water and Sewerage Corporation, which warns of a health catastrophe as the clay sewer pipes laid more than 40 years ago may give way due to pressure exerted by the weight of the buildings.
The plot is behind the rugby club playground at Lugogo bordered by the Lugogo power transmission sub-station, a railway line and Shell Club.
The plot is not only located in a wetland, but is also shrouded in controversy over shoddy transfers and dealings. It was first acquired by the Vice-President, Prof. Gilbert Bukenya, in 2003 amid a dispute with Kyadondo Rugby Club.
Since 2006, the plot has changed ownership more than thrice.
Records show that on March 21, 2006, Bukenya sold it to Patrick Edembe.
On May 19, the plot was transferred to Treasure Trove (U). In January last year, Treasure Trove directors reportedly resolved to sell the 0.231 hectare plot, alongside Plot M73 measuring about 0.304 hectare to the Chinese investor.
Jim Middleton, the treasurer of the Kyadondo Rugby Club, also accuses the Chinese investor of encroaching on the club grounds by over 60 metres, an area slightly more than half a football pitch.
A commission of inquiry into illegal sale of lands in Kampala recommended that the plot should never be allocated for non-sport activities likely to block the flow of run-off water.
“This allocation is a violation of the Wetland Act, Land Act and Water Act together with an encroachment on land reserved for the railway line,†the commission, headed by Prof. James Katorobo, said in its January 31, 2006 report.
It recommended that “the plots allocated for non-sporting activities be revoked and activities on wetlands and environment be taken into consideration.â€
The five-member commission condemned KCC for not giving the Rugby Club first priority.
The commission said Bukenya was also allowed to take the plot in disregard of concerns by the National Environment Management Authority .
A source said National Water drew the attention of the investor to the dangers in December last year, but their concerns were not heeded.
“We went to the site, met the contractors and raised the issues. We demanded that they give us a leeway of four metres from either side of the line to avert any problems. They pledged to do that, but did not. This is unacceptable,†said the source.
The DN seven-inch clay sewer lines serve the Uganda Manufacturers Association showgrounds and the adjacent Nakawa estates before emptying into the Bugolobi sewerage treatment plant.
In a letter last week, National Water demanded immediate halt of developments on the land.
“You must halt all construction works being carried on your premises with immediate effect until you have furnished us with your building plans duly approved by the responsible authorities coupled with our consent as provided by law,†the corporation’s senior legal officer David Mushanga said in a January 30, 2009 letter to the investor.
“Failure of which will entail that immediate invocation of section 101(7) of the Water Act, where you shall be liable to prosecution in the courts of law and costs arising out of the demolition of your structure,†warned the letter copied to the Nakawa Division Law Enforcement officer.
Mushanga said the Water Act gave the corporation proprietary interests in areas where their facilities pass.
Asked whether the plan for the warehouse had been approved, the division planner, Henry Sebaggala, referred The New Vision to Ruth Kijjambu, the city town clerk, who was reportedly out of the country.
However, the city planner, Peter Katebarirwe, said he needed time to get the information.
But the investor who declined to divulge her name denied encroaching on anybody’s land.
In a phone interview, she said her project had been duly approved by Kampala City Council. She, however, blamed the Indian contractor for sitting the structure on top of the sewage lines.
“The contractor has a problem with English,†she said. “I think he never understood the instructions when the water officials came there.â€
She pledged to rectify the problem by diverting the sewer lines. The site has no signpost detailing the project and the contractor, a basic requirement for such developments.
KAMPALA City Council (KCC) has disregarded recommendations of the Katorobo Commission and okayed the construction of a huge warehouse on top of delicate sewer pipes on a contested piece of land in Lugogo, a city suburb.
The developments on plot M72/3 by Luish Investments have drawn protests from the National Water and Sewerage Corporation, which warns of a health catastrophe as the clay sewer pipes laid more than 40 years ago may give way due to pressure exerted by the weight of the buildings.
The plot is behind the rugby club playground at Lugogo bordered by the Lugogo power transmission sub-station, a railway line and Shell Club.
The plot is not only located in a wetland, but is also shrouded in controversy over shoddy transfers and dealings. It was first acquired by the Vice-President, Prof. Gilbert Bukenya, in 2003 amid a dispute with Kyadondo Rugby Club.
Since 2006, the plot has changed ownership more than thrice.
Records show that on March 21, 2006, Bukenya sold it to Patrick Edembe.
On May 19, the plot was transferred to Treasure Trove (U). In January last year, Treasure Trove directors reportedly resolved to sell the 0.231 hectare plot, alongside Plot M73 measuring about 0.304 hectare to the Chinese investor.
Jim Middleton, the treasurer of the Kyadondo Rugby Club, also accuses the Chinese investor of encroaching on the club grounds by over 60 metres, an area slightly more than half a football pitch.
A commission of inquiry into illegal sale of lands in Kampala recommended that the plot should never be allocated for non-sport activities likely to block the flow of run-off water.
“This allocation is a violation of the Wetland Act, Land Act and Water Act together with an encroachment on land reserved for the railway line,†the commission, headed by Prof. James Katorobo, said in its January 31, 2006 report.
It recommended that “the plots allocated for non-sporting activities be revoked and activities on wetlands and environment be taken into consideration.â€
The five-member commission condemned KCC for not giving the Rugby Club first priority.
The commission said Bukenya was also allowed to take the plot in disregard of concerns by the National Environment Management Authority .
A source said National Water drew the attention of the investor to the dangers in December last year, but their concerns were not heeded.
“We went to the site, met the contractors and raised the issues. We demanded that they give us a leeway of four metres from either side of the line to avert any problems. They pledged to do that, but did not. This is unacceptable,†said the source.
The DN seven-inch clay sewer lines serve the Uganda Manufacturers Association showgrounds and the adjacent Nakawa estates before emptying into the Bugolobi sewerage treatment plant.
In a letter last week, National Water demanded immediate halt of developments on the land.
“You must halt all construction works being carried on your premises with immediate effect until you have furnished us with your building plans duly approved by the responsible authorities coupled with our consent as provided by law,†the corporation’s senior legal officer David Mushanga said in a January 30, 2009 letter to the investor.
“Failure of which will entail that immediate invocation of section 101(7) of the Water Act, where you shall be liable to prosecution in the courts of law and costs arising out of the demolition of your structure,†warned the letter copied to the Nakawa Division Law Enforcement officer.
Mushanga said the Water Act gave the corporation proprietary interests in areas where their facilities pass.
Asked whether the plan for the warehouse had been approved, the division planner, Henry Sebaggala, referred The New Vision to Ruth Kijjambu, the city town clerk, who was reportedly out of the country.
However, the city planner, Peter Katebarirwe, said he needed time to get the information.
But the investor who declined to divulge her name denied encroaching on anybody’s land.
In a phone interview, she said her project had been duly approved by Kampala City Council. She, however, blamed the Indian contractor for sitting the structure on top of the sewage lines.
“The contractor has a problem with English,†she said. “I think he never understood the instructions when the water officials came there.â€
She pledged to rectify the problem by diverting the sewer lines. The site has no signpost detailing the project and the contractor, a basic requirement for such developments.