Court dismisses Nyakaana wetland appeal

By Hillary Nsambu

THE Supreme Court has confirmed that the National Environment Management Authority (NEMA) was justified to evict Kampala Central Mayor Amooti Godfrey Nyakaana from Bugolobi wetland.

In a-6-1 majority judgment delivered on Thursday in Kampala, the court ordered Nyakaana to pay costs of the appeal and in the Constitutional Court to NEMA and the Attorney General.

Chief Justice Bart Katureebe, Justices Jotham Tumwesigye, Stella Arach-Amoko, Benjamin Odoki, John WilsonTsekooko, Galdino Magellan Okello dismissed the appeal.  

Justice Dr Esther Kisaakye dissented arguing that she would allow the appeal with orders that with the exception of certain sections of NEMA, a number of others contravened the Constitution and; she would order NEMA to compensate Nyakaana since his house was demolished without due process of the law.

Kisaakye also asserted that she would refer the case to the High court to assess the appropriate compensation due to appellant for special and general damages for the demolition of his house and infringement of his rights. 

Nyakaana had challenged NEMA arguing that it had violated his individual property rights.  He had also challenged as unconstitutional certain sections of the National Environment Act; arguing that certain sections of the Act contravened various international Human Rights Conventions and instruments 3entrenched in the 1995 Uganda Constitution.

Formerly known as LC III chairman, Kampala Central Division, Nyakaana contended that he had leased land comprised in Leasehold Register Volume 3148 Folio 2Plot 8 Plantation Road, Bugolobi from the then Kampala City Council (KCC), now KCCA, for purposes of constructing a residential house for which he obtained the necessary approval.

However, in 2005 NEMA demolished his house without according him a fair hearing; hence a constitutional petition which the Constitutional Petition dismissed with costs to all the respondents, hence the appeal to the Supreme Court.