Court threatens to arrest Kitaka over garbage collection

COURT  KCCA

KAMPALA - The High Court in Kampala has threatened to arrest Kampala Capital City Authority (KCCA) executive director, Andrew Kitaka over blocking private garbage collection.

The court also ordered KCCA to pay Bin It Services Limited, a private garbage collection company, sh175m in compensation for disobeying a court order.

The court order was prompted by the garbage collecting company, which petitioned court, saying KCCA had not adhered to the court order by continuing to impound its trucks, arresting its workers and refusing to grant it a license.

"A suspended sentence of six months committal is to be meted out to the executive director of KCCA if the acts that were forbidden by court in Miscellaneous Application No. 117 of 2016: Bin IT Services Limited versus KCCA and others persist," Justice Musa Ssekaana warned.

Out of sh175m, sh150m was awarded to the company in exemplary damages with payment of interest at court rate from date of the ruling until payment in full. In addition, the judge directed KCCA Officials who are directly responsible to pay the company sh25m per month for any further contempt of the court order after the ruling.

The court directed KCCA to deposit in court sh20m for contempt of court orders. The court also awarded the company costs of the suit.

The Judge directed the court deputy registrar, Sarah Langa to bring the ruling to the attention of the Inspectorate of Government and other concerned offices.

The Civil Division of the High Court Judge issued the ruling yesterday in the presence of Bin Services Ltd lawyer Anthony Bazira from Byenkya, Kihika & Co. Advocates and Dennis Byaruhanga, representing KCCA Legal Department. 

Background of the case
On June 21, 2016, BIN-IT Services petitioned the High Court in Kampala, seeking an order to prohibit KCCA from denying them an opportunity to operate as a private garbage collector.

The order that was issued quashed the decision of KCCA that purported to enlist all residents of Kampala into the council's garbage collection system without the option of residents contracting with authorised private collectors

Lawyer speaks out
"This case has set a precedent for public institutions that abuse court orders. Heads of public institutions shall now be held accountable and arrested for the wrongful acts of their institutions," Bazira said.