Africa-Press – Uganda. The High Court has quashed a decision of Kampala Capital City Authority (KCCA) that had green-lit construction of a commercial building in a residential area in Makindye Division, Kampala District.
Acting Judge Douglas Karekona Singiza ruled that KCCA was in breach of its statutory duty to alter development plans by granting a development permission of a commercial nature in an area designated as residential without proper consultation or agreement with the applicants.
“This court also finds fault with the secrecy of the decision-making and the deliberate misinformation surrounding the impugned decision. The misleading and secretive nature of decision-making by a planning authority makes its decision illegal and ultra vires,” acting Judge Singiza ruled.
The court decision followed a case in which residents of Mugabi Close Kalung-Ggaba Ward, Makindye Division complained against the decision to grant permission to the developers.
The group argued that the permission, which allowed for the construction of shops, restaurants, and a residential development of eight blocks, was an infringement on the National Physical Planning Standards and Guidelines of 2011.
Eight residents in Makindye—Desteo Mugabi, Frank Gashumba, Lillian Iculet, Harriet Sanyu Katerega, Attorney General Kiryowa Kiwanuka, Mathias Ssekatawa, Richard Malinga and John Kyegombe—successfully sued KCCA.
KCCA was jointly sued by developers—Docus Kaguma Balaba, Kevin Balaba, Alison Nyangoma Balaba and Charity Mugumya Balaba—who are the executors of the Estate of their late father Ezekiel Balaba.
“It was the understanding of the applicants that the 1st respondent would limit the land use of their residential area in accordance with her published Integrated Development Land Use Plan. To their surprise, the owners of an adjoining property on Block 249 Plot 1290 Buganda, Makindye Division, commenced commercial development works,” reads the court records.
Acting Judge Singiza also ordered that “before a decision to alter any development plans by any planning authority can be made, a meaningful engagement should take place first with the area residents.”
He advised: “A recommended period of six months is considered as sufficient by this court depending on the circumstances of each case.”
The court held that a planning authority is under a legal obligation to meaningfully engage the communities concerned by disclosing all the facts and the subject of the planning decision before the latter can be made functional.
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