KAMPALA, Uganda (UGNEWSLINE) – The High Court in Kampala has ordered Kampala Capital City Authority (KCCA) to pay Sh123million in damages to the family of Olive Basemera, a street vendor who drowned in the Nakivubo drainage channel while fleeing a KCCA enforcement operation in 2017.
Justice Boniface Wamala, in a judgment delivered by email, found KCCA liable for negligence for failing to adequately safeguard the open drainage channel.
The award attracts interest at 10 percent per annum from the date of judgment until payment in full.
The court also ordered KCCA to pay 70 percent of the taxed costs of the suit.
Basemera, 37, died on August 4, 2017, after falling into the Nakivubo channel near the Railway Crossing
Following her death, her family through their lawyers of JByamukama and Company Advocates sued KCCA seeking damages, arguing that its enforcement officers pursued and threatened her and that the Authority had failed to provide adequate safety measures around the open drainage channel.
Her family member Rose Nalujja, Patrick Kugonza and Richard Baleke contended that KCCA enforcement officers had pursued and threatened Basemera prompting her to fall into the open drainage.
KCCA denied chasing Basemera. The Authority told court that its officers were conducting a trader-enforcement operation when vendors ran away after seeing them.
It argued that Basemera was responsible for her own death because she chose to flee and entered dangerous storm water.
Court rejects claim that KCCA officers chased Basemera
Justice Wamala found that the family had not proved that KCCA officers actually chased or pursued Basemera.
However, the judge found KCCA liable for failing to adequately protect the open drainage channel.
Justice Wamala said KCCA has a statutory responsibility under the Kampala Capital City Act to construct and maintain major drains.
Evidence before court showed that heavy rains had caused storm water and flash floods to overflow the channel and surrounding roads, creating a foreseeable danger to road users.
