KCCA slams Ham Enterprises for flouting urban planning law

The hustle and bustle of Owino Market, a cornerstone of Kampala’s vibrant economy, have recently been marred by frequent floods, leading to massive losses for vendors.

At the center of this chaos is an ongoing illegal construction by Ham Enterprises (U) Ltd on the Jugula Channel, part of the critical Nakivubo drainage system.

On November 11, 2024, the Kampala Capital City Authority (KCCA) issued a directive under Section 46 of the Physical Planning Act, 2010, ordering the company to halt its construction activities.

Despite clear orders to restore the Jugula Channel within seven days, Ham Enterprises has continued its work unabated, ignoring the lack of necessary permits. This defiance has resulted in severe flooding at the St. Balikuddembe Market (Owino), Kampala’s largest informal market hub.

Vendors Speak Out: A Call for Immediate Action

Traders at Owino Market are bearing the brunt of this construction. Moses Nsubuga, a second-hand clothing vendor, lamented the situation:

“Our goods are getting destroyed by floodwaters. We have complained, but it seems like no one cares about our plight. We rely on this market for our daily bread, and now we are drowning, literally and financially.”

Similar frustrations were echoed by Sarah Nalwanga, a fruit vendor whose stall was submerged during the last downpour: “We were told that this market was undergoing renovations to make it better for us, but instead, it has made things worse. This illegal construction is blocking the drainage channels, causing floods that destroy our goods. Who will compensate us for these losses?”

For these vendors, the inconvenience is more than just a temporary disruption; it threatens their livelihoods. “The flooding is pushing customers away. Who wants to shop in knee-deep water? If this continues, we won’t survive the festive season,” said John Musoke, a footwear seller.

KCCA’s Stand: Enforcing Urban Planning for a Sustainable City

KCCA, while addressing the media, highlighted that the developer had cited building approvals issued in 2017. However, according to Section 38 of the Building Control Act, 2013, these approvals had long expired.

“Building on a drainage channel without proper and current permits is not only illegal but endangers public safety and disrupts the city’s essential infrastructure,” noted a KCCA official.

KCCA’s spokesperson further emphasized the importance of protecting Owino Market, stating: “This market is a crucial economic hub, supporting thousands of families and playing a key role in poverty alleviation. We cannot allow any developer to compromise the safety and well-being of our citizens by flouting urban planning laws.”

The case of Ham Enterprises’ construction on the Jugula Channel is a stark reminder of the challenges Kampala faces in enforcing urban planning regulations.

With the city rapidly expanding and urban spaces becoming increasingly contested, there is a pressing need for stringent measures to ensure that development does not come at the expense of public welfare.

Traders and stakeholders are calling on KCCA to take immediate and decisive action against the developer to prevent further flooding and restore the integrity of the drainage system.

“We need the authorities to step in and hold these people accountable. They cannot just do as they please while we suffer,” urged Nalwanga.

As the festive season approaches, there is growing concern among vendors about the potential financial impact of ongoing disruptions. With their livelihoods hanging in the balance, they can only hope that KCCA’s commitment to enforcing planning laws translates into swift action.

For now, the future of Owino Market remains uncertain, caught between the city’s development ambitions and the needs of its everyday traders.